Davis v. Board of Parole & Post-Prison Supervision

ORS 144.228(l)(b) provides that the Board of Parole and Post-Prison Supervision (board) shall give a prisoner who has been sentenced as a dangerous offender a release date “if the condition [that] made the prisoner dangerous is absent or in remission.” In this case, the board did not set a release date for petitioner because it found by a preponderance of the evidence that the condition that made him dangerous was not absent or in remission. Petitioner argues that due process requires the board to set a release date unless it finds by clear and convincing evidence that the condition that made…