Review of parole plan, psychological reports and conduct prior to release
- release postponement
- elements of parole plan
- Department of Corrections assistance
- rules
Source:
Section 144.125 — Review of parole plan, psychological reports and conduct prior to release; release postponement; elements of parole plan; Department of Corrections assistance; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html
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Notes of Decisions
Requirement of hearing in this section cannot be eliminated by administrative rule. Jeanes v. Board of Parole, 83 Or App 410, 732 P2d 51 (1987)
1993 amendment governing release delay based on mental or emotional condition that predisposes prisoner to commit future crime imposes more onerous standard than preamendment version of statute and therefore cannot be applied retroactively. Meadows v. Schiedler, 143 Or App 213, 924 P2d 314 (1996)
Version of statute applicable to sentences for pre-1993 crimes does not require that determination that prisoner is danger to community be part of psychiatric or psychological report. Merrill v. Johnson, 155 Or App 295, 964 P2d 284 (1998), Sup Ct review denied. But see Peek v. Thompson, 160 Or App 260, 980 P2d 178 (1999)
Standard of review in habeas corpus proceeding regarding release order of State Board of Parole and Post-Prison Supervision is whether “some evidence” supports order. Hamel v. Johnson, 173 Or App 448, 25 P3d 314 (2001), Sup Ct review denied
For prisoner whose commitment offense occurred prior to 1981 amendment, State Board of Parole and Post-Prison Supervision has discretion to postpone parole where severe emotional disturbance makes prisoner dangerous to community. McCline v. Board of Parole and Post-Prison Supervision, 205 Or App 144, 133 P3d 349 (2006), Sup Ct review denied
Where prisoner does not suffer prejudice from late filing, State Board of Parole and Post-Prison Supervision may consider psychiatric or psychological report filed more than 60 days after examination. Demeyer v. Board of Parole and Post-Prison Supervision, 206 Or App 740, 139 P3d 969 (2006), on reconsideration 208 Or App 267, 144 P3d 981 (2006)
Under 1981 version of this section, State Board of Parole and Post-Prison Supervision may conduct review for deferring release even if prisoner does not have scheduled release date. Corgain v. Board of Parole and Post-Prison Supervision, 213 Or App 407, 162 P3d 990 (2007)
Use of preponderance of evidence standard to find that prisoner has present severe emotional disturbance constituting danger to community satisfies due process requirements. Stogsdill v. Board of Parole and Post-Prison Supervision, 342 Or 332, 154 P3d 91 (2007)
Under 1991 version of this section, requirement that psychiatric or psychological diagnosis show prisoner to have present severe emotional disturbance constituting danger to health or safety of community was sufficient limitation to overcome vagueness challenge. Hess v. Board of Parole, 514 F3d 909 (9th Cir. 2008)
Ability of prisoner to call witnesses or cross-examine people who have provided information to Board of Parole and Post-Prison Supervision are not requirements for constitutionally adequate parole-exit interview under this statute. Rivas v. Board of Parole, 272 Or App 248, 356 P3d 83 (2015)