Person v. Board of Parole

“[T]o grant parole consideration under ORS 144.228 (1987), the board must find that the person’s severe personality disorder indicating a propensity toward continuing dangerous criminal activity is absent or in remission.”

Petitioner was convicted of crimes in 1988 and 1989, and was sentenced as a dangerous offender who “suffered from a severe personality disorder indicating a propensity toward dangerous criminal activity” under ORS 161.765. In April 2020, the Board of Parole deferred consideration of Petitioner’s parole for 24 months finding that his “narcissistic features and noted high level of psychopathy” were not in remission and that he continued to have a propensity toward dangerous criminal activity. Petitioner then sought judicial review of the Board of Parole’s deferral order, arguing that the Board applied the incorrect legal standards and failed to demonstrate a substantial reason for its decision. “[T]o grant parole consideration under ORS 144.228 (1987), the board must find that the person’s severe personality disorder indicating a propensity toward continuing dangerous criminal activity is absent or in remission.” To make that determination, the Board’s order must be “supported by substantial evidence” that “a petitioner’s dangerous condition (the condition of having a severe personality disorder indicating a propensity toward dangerous criminal activity) may persist, even if a particular ‘diagnosis’ has changed or ‘specific symptoms or traits present at the time of sentencing’ are no longer present.” Bell v. Board of Parole, 283 Or App 711, 719-20 (2017). The Court reasoned that although the Board “described in some detail the ‘factors’ and evidence that it considered in reaching its decision,” including a February 2020 psychological evaluation, the Board failed to adequately explain how its factual findings led to its conclusion that the Petitioner still demonstrated a propensity toward dangerous criminal activity. Thus, the Court held that the Board did not provide a substantial reason for its legal conclusion. Reversed and remanded.