State v. Cross

The issue on this appeal is whether the trial court was required to find “substantial and compelling reasons” under ORS 137.750 to deny defendant eligibility for alternative incarceration programs (AIPs) and early release under ORS 421.508.1 We conclude that it was not, because ORS 137.751, not ORS 137.750, governs eligibility for AIPs, and ORS 137.751 does not require a trial court to find “substantial and compelling reasons” to deny eligibility for AIPs.

Defendant was on probation. He failed to comply with the terms of that probation by, in the words of the trial court, presenting “positive…