Morrison v. Board of Parole

Under ORS 144.228(1)(b)(A) (2009), when a board is unable to make the predicate findings to set a release date, it is authorized to set the next parole consideration hearing “no less than two years, and no more than 10 years, from the date of the previous review.”

Petitioner, a dangerous offender, appealed the findings of the Board of Parole and Post-Prison Supervision. The board found that the petitioner remained dangerous and scheduled his next parole consideration hearing for 2019. Petitioner argued, under ex post facto, that his rights were violated due to the use of the 2009 version of ORS 144.228. He argued that the changes made in 2009 allow for less frequent parole consideration hearings, which increased his risk of serving a longer term of incarceration. In response, the Court said that the changes “authorize the board to hold parole consideration hearings less frequently than at two-year intervals in a limited class of cases; namely, those in which it is not reasonable to think that the prisoner will qualify to receive a release date any earlier than the date of the next scheduled hearing.” The Court held that the board correctly made their finding, and the finding supported by the record. In order for the petitioner to prevail he would have had to prove that the changes in procedure created a risk of increased punishment with evidence, not supposition. Petitioner failed to do so. Affirmed.