STOGSDILL v. BOARD OF PAROLE AND POST-PRISON SUPERVISION
ORS 144.125(3) provides that the Board of Parole and Post Prison Supervision (board) may postpone a prisoner's scheduled release date if the board finds that the prisoner has a "present severe emotional disturbance such as to constitute a danger to the health or safety of the community." In this case, the board found by a preponderance of the evidence that petitioner had such a condition, and petitioner sought judicial review arguing that the Due Process Clause required the board to apply a higher standard of proof. The Court of Appeals affirmed the board's order without opinion. Stogsdill v. Board of Parole, 204 Or App 779, 132 P3d 62 (2006). Court allowed review and now affirm the Court of Appeals decision.
Comments on STOGSDILL v. BOARD OF PAROLE AND POST-PRISON SUPERVISION