Miller v. Board of Parole and Post-Prison Supervision

The Board of Parole and Post-Prison Supervision’s authority over a parolee extends for the remainder of the parolee’s sentence unless and until the Board affirmatively discharges the parolee from parole supervision.

Miller sought judicial review of the Board of Parole and Post-Prison Supervision’s (the Board) 2012 order deferring Miller’s release date from prison from March 2012 to March 2014. Miller was subsequently released from prison in March 2014 with a tentative parole discharge date in March 2018, and the Board now contends that the case is moot given Miller’s release. Miller argued that his case was not moot, as under the previous indeterminate sentencing structure an earlier release date from prison would mean that he would have a much earlier parole discharge date than March 2018. The Court held, however, that "under the prior indeterminate sentencing structure, an earlier commencement of active parole supervision does not ensure an earlier discharge from parole" (quoting Green v. Baldwin, 204 Or App 351, 354-55, 129 P3d 734 (2006)). The Court of Appeals has repeatedly held that the Board's authority over a parolee such as Miller extends for the remainder of his sentence–in Miller’s case, life–unless and until the Board affirmatively discharges the parolee from parole supervision. As such, Miller’s argument that he would have had an earlier parole discharge date had he been released in 2012 was without merit. The Court found that as Miller was unable to demonstrate any collateral consequences that flow from the Board’s decision to defer his release until 2014, the case was moot. Petition for judicial review dismissed as moot.