Stogsdill v. Board of Parole & Post-Prison Supervision

ORS 144.125C3) 1 provides that the Board of Parole and Post-Prison Supervision (board) may postpone a prisoner’s scheduled release date if the board finds that the prisoner has a “present severe emotional disturbance such as to constitute a danger to the health or safety of the community.” In this case, the board found by a preponderance of the evidence that petitioner had such a condition, and petitioner sought judicial review arguing that the Due Process Clause required the board to apply a higher standard of proof. The Court of Appeals affirmed the board’s order without opinion. Stogsdill…