Smith v. Board of Parole and Post-Prison Supervision

Under 144.228(2), "[f]or a parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person," including the psychiatrist's written report.

Petitioner sought review of an order by the Board of Parole (the Board) denying him parole, and further delaying his parole eligibility.  Petitioner assigned error to the Board's procedures and criteria it used to determine Petitioner's parole eligibility. Petitioner argued the Board exceeded its statutory authority under ORS 144.226(2) (1983) and ORS 144.228(2) (1983) because the Board violated ex post facto protections when it did not rely exclusively on the conclusion of the mental health examiner when making its parole determination. Under 144.228(2), "[f]or a parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person," including the psychiatrist's written report. The Court of Appeals held the board was not required to rely exclusively on petitioner's psychological evaluation when considering petitioner's parole; instead the evaluation served as an aid to the board's determination which was based on all the information before it. Affirmed.