Alexander v. Oregon State Penitentiary

The majority concludes that, if an escaped prisoner violates the Department’s rules of conduct while he is outside the walls of the institution, he cannot be punished for those violations. By so holding, the majority permits this inmate to author his own justice. Because I believe that the rules do cover petitioner’s misconduct, I respectfully dissent.

This court previously has addressed the circumstances under which an individual is subject to the Correction Division’s rules of conduct. In Shobe v. OWCC, 28 Or App 657, 660, 560 P2d 676, rev den 278 Or 393 (1977), we stated the rule:

“The…