Jenkins v. Board of Parole & Post-Prison Supervision

This case involves the interpretation and application of two statutes, ORS 144.33513) 1 and ORS 144.135, 2 to a final order of the Board of Parole and Post-Prison Supervision (the board) that postponed petitioner’s release date from prison. The threshold question on review is whether, by amending ORS 144.335(3) in 1999, 3 the legislature intended to exempt the board from the substantial reason standard that this court had identified and applied in Martin v. Board of Parole, 327 Or 147, 957 P2d 1210 (1998). Under that standard, the board’s orders must provide “some kind of an explanation…