Guzek v. Bd. of Parole

Under ORS 144.228(1)(b), “The board is to set a release date for any person who was originally sentenced . . . as a dangerous offender when [it can] affirmatively find that ‘the condition which made the prisoner dangerous is absent or in remission.’”

Petitioner appealed the January 2021 order by the Board of Parole ("the Board") to defer consideration of release for three more years. Petitioner assigned error to the Board’s finding at the parole consideration hearing that Petitioner continued to be dangerous under the version of ORS 161.725 in effect at the time the crimes occurred. Petitioner argued that, because the Board applied an incorrect legal standard, their decision lacked a basis in substantial evidence or reason. Under ORS 144.228(1)(b), “The board is to set a release date for any person who was originally sentenced . . . as a dangerous offender when [it can] affirmatively find that ‘the condition which made the prisoner dangerous is absent or in remission.’” The Court found that the Board had properly weighed all relevant evidence in coming to its decision, including a comprehensive psychological evaluation, Petitioner’s behavior in prison, and the events leading to Petitioner’s incarceration. The Court reasoned that the Board’s evaluation of Petitioner’s “dangerousness” was one part of the total record on which it based its decision. The Court concluded that absent a finding that the condition making Petitioner dangerous was “in remission,” the Board did not have the authority to set a release date. Affirmed.