V. L. Y. v. Board of Parole & Post-Prison Supervision

The majority holds that ORS 181.585 authorizes the Department of Corrections to adopt a sex offender risk assessment scale to be used by the Board of Parole and Post-Prison Supervision that permits the board to designate a person as a predatory sex offender solely on the basis of the nature of the person’s past criminal acts. According to the majority, “proof that a person is currently dangerous is not a necessary prerequisite to determining that he or she continues to present the sort of risk that requires community notification.” 188 Or App 617 at 627. Because the majority’s interpretation…