Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
Source:
Section 137.750 — Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
Application to crimes committed prior to enactment of statute, but before equivalent constitutional provision was declared void ab initio, does not increase quantum of punishment for offense in violation of ex post facto prohibition of Oregon Constitution. State v. Grimes, 163 Or App 340, 986 P2d 1290 (1999), Sup Ct review denied
Judicial finding that defendant may not be considered for beneficial modification of presumptive sentence is not finding of fact that increases maximum penalty permitted for conviction. State v. Clark, 205 Or App 338, 134 P3d 1074 (2006), Sup Ct review denied
Trial court may make defendant ineligible for reduction in term of incarceration because reduction is sentence modification program, and Department of Corrections may grant reduction only if sentencing court specifically orders that defendant is eligible for reduction. State v. Berger, 284 Or App 156, 392 P3d 792 (2017)
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