Jones v. Bd. of Parole

Under ORS 144.125, the Board of Parole and Post-Prison Supervision may hold a prisoner past the prisoner's release date only if (1) petitioner has a history of serious misconduct during confinement; (2) petitioner has a PSED that constitutes a danger to the community; or (3) the board deems the petitioner’s release plan to be inadequate.

Jones challenged order of the Board of Parole and Post-Prison Supervision (Board) which deferred his release date based upon a psychological evaluation and exit interview which took place after Jones’s scheduled release date. Under ORS 144.245(1), when the Board sets a date for a prisoner’s release, “the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term.” Under ORS 144.125, the release date may only be postponed if (1) petitioner has a history of serious misconduct during confinement; (2) petitioner has a PSED that constitutes a danger to the community; or (3) the board deems the petitioner’s release plan to be inadequate. Otherwise, a prisoner “has a legal right to release on the scheduled release date.” Gordon v. Bd. of Parole, 343 Or. 618, 622, 175 P.3d 461 (2007). The Court of Appeals held that the Board’s decision to reopen Jones’s case was erroneous because the Board had held Jones past his release date. Postponing a prisoner’s release date in order to determine whether the prisoner’s release date should be deferred is not within any statutory permissible exception. Jones had the legal right to release on the scheduled release date. Reversed and remanded.