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

This is a case of judicial review of an order of the Board of Parole and Post-Prison Supervision (the board) that designated petitioner as a “predatory sex offender” for purposes of Oregon’s sex offender community notification law, set out at ORS 181.585 to 181.590. Petitioner challenges the designation on statutory and constitutional grounds. We agree with petitioner that the designation arose out of a statutorily impermissible decisional process and, accordingly, reverse the board’s order.

In 1993, the legislature enacted a law requiring agencies who supervise sex offenders to notify…