Perkins v. Board of Parole

This is a challenge to a Board of Parole rule, OAR 255-30-010, broughtunder ORS 183.400(4)(b). Petitioner, an inmate at a Department of Corrections institution, argues that the Board exceeded its statutory authority by including in the rule language authorizing it to extend for 90 days the time to set a prison term hearing to obtain additional information. Petitioner asks us to declare the rule invalid.

ORS 144.120 governs the setting of parole release dates. It provides, in part:

“ (1) (a) Within six months of the admission of a prisoner to any Department of Corrections institution, * * * the…