Hein v. Board of Parole

I dissent because I do not agree that ORS 144.785(1) authorizes the Board to adopt a rule permitting it to set a parole release date exceeding the maximum variations permitted by the matrix.

ORS 144.785(1) clearly requires the Board to adopt rules that “* * * define the types of circumstances as *299aggravating or mitigating and * * * set the maximum variation permitted.” As the majority recognizes, two purposes of ORS 144.785(1) are to “*** safeguard against arbitrary and inconsistent sentences for similar criminal conduct” and to “structure” the Parole Board’s discretion. While the Parole…