Stewart v. Board of Parole

Under ORS 183.482(8)(c), “substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.”

In 2018, the Board of Parole and Post-Prison Supervision (the Board), classified Petitioner, who moved from California to Oregon, as a Level 3 sex offender. Petitioner appealed the Board’s classification of him and argued the Board did not take into account his sex offender treatment or offense-free period since release and included charges that were ultimately dismissed. The Board responded by explaining: (1) the treatment that Petitioner completed was not considered because it was outside the scope of the assessment; (2) one item on the assessment tool required all charges to be considered; and (3) two other items allowed dismissed charges to be considered if determined more likely than not that a crime had been committed. Under ORS 183.482(8)(c), “substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.” Regarding the dismissed (and contested) charges, the Court concluded that the Board relied heavily on police reports, but failed to consider the whole record, including the fact that another person was ultimately charged with the crimes for which Petitioner was initially charged. Reversed and remanded.