Allen v. Board of Parole and Post-Prison Supervision

Under ORS 163A.100, SONL classification is based on an individual’s risk of reoffending at the time of their release rather than at the time of classification, and is intended to be regulatory rather than punitive.

Petitioner appealed an order set by the Board of Parole and Post-Prison Supervision (the Board) based on its application of current OAR 255-085-005 and OAR 255-085-0020 standards in  implementing his SONL classification. While Petitioner challenged the order on multiple legal grounds, the court considered only one argument due to its dispositive nature. Petitioner contended that the Board erred in classifying his restraints based on his recidivism risk at the time of release rather than recidivism risk at the time of classification, which was 18 years after release. Petitioner argued that in applying OAR 255-085-0020, the Board did not consider his behavior over the 18 years following his release, nor did it assess how this might influence his current risk of sexually reoffending. The Court reasoned that under ORS 163A.100, an SONL classification was intended to be based on an individual’s risk of reoffending at the time of their release rather than at the time of classification. Furthermore, the Court stated that such classification is meant to be regulatory in nature by assisting law enforcement to identify offenders who are likely to reoffend rather than to punish. See Sohappy v. Board of Parole, 329 Or App 28, 37-38, 540 P3d 568. REVERSED and REMANDED.