Gholston v. Palmateer

Plaintiff appeals a judgment dismissing a writ of habeas corpus. The principal issue is whether the Board of Parole and Post-Prison Supervision (board) has authority to require an inmate to undergo a psychological evaluation before being released on parole. We conclude that it does and affirm.

The relevant facts are uncontested. In 1977, the legislature enacted ORS 144.223(1), which provides:

“The State Board of Parole and Post-Prison Supervision may require any prisoner being considered for parole to be examined by a psychiatrist or psychologist before being released on parole.”

In 1985,…