In Re Dannenberg

Opinion

BAXTER, J.

In this case involving a second degree murderer, we consider how the Board of Prison Terms (Board or BPT) may determine that a prisoner with an “indeterminate” life sentence, having served the minimum period of confinement required by statute, is nonetheless presently unsuitable for the setting of a fixed parole release date because the gravity of the inmate’s offense indicates a continuing danger to public safety. The issue is whether the Board may refuse a parole date on this ground only after evaluating the offender’s crime against others of similar gravity and against its…