Chapter 618 Oregon Laws 1999

Session Law

AN ACT

SB 401

Relating to judicial review of agency orders; amending ORS 144.335.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 144.335 is amended to read:

144.335. (1) When a person over whom the State Board of Parole and Post-Prison Supervision exercises its jurisdiction is adversely affected or aggrieved by a final order of the board related to the granting, revoking or discharging of parole, the revoking of post-prison supervision or the imposition of conditions of parole or of post-prison supervision and after exhaustion of administrative review as provided by board rule, such person is entitled to judicial review of the final order.

(2) Notwithstanding subsection (1) of this section, the board's order is final and is not subject to judicial review when the board sustains a minimum term imposed under ORS 144.110 and the prisoner does not contest the crime severity rating or the history risk score established by the board under its rules.

(3) Notwithstanding subsection (1) of this section, the board's order is final and is not subject to judicial review when the board makes any decision relating to a release date or a parole consideration hearing date, including:

(a) Setting an initial release date under ORS 144.120, except that the setting of an initial release date under ORS 144.120 remains subject to judicial review if the prisoner contests the crime severity rating, the history risk score or aggravation factors found by the board under the rules of the board.

(b) Setting a date for a parole consideration hearing under ORS 144.228.

(d) Denying, granting or granting in part a prisoner's request under ORS 144.122 for advancement of the initial release date.

(e) Referring a prisoner for psychological evaluation under ORS 144.223.

(f) Postponing a prisoner's release date because of serious misconduct during confinement under ORS 144.125 (2).

(g) Postponing a prisoner's release date because of a psychological diagnosis under ORS 144.125 (3).

(h) Postponing a prisoner's release date because of a prisoner's refusal to submit to a psychological evaluation.

(i) Denying a prisoner's request under ORS 144.228 (1) for an early parole consideration hearing.

(4) The final order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the final order for which review is sought. The board shall submit to the court the record of the proceeding, or, if the inmate agrees, a shortened record. A copy of the record transmitted shall be delivered to the inmate by the board.

(5) The order of the board need not be in any special form, and the order is sufficient for purposes of judicial review if it appears that the board acted within the scope of the board's authority. The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (8). The filing of the petition shall not stay the board's order, but the board may do so, or the court may order a stay upon application on such terms as it deems proper.

(6) In the case of disputed allegations of irregularities in procedure before the board not shown in the record which, if proved, would warrant reversal or remand, the Court of Appeals may refer the allegations to a master appointed by the court to take evidence and make findings of fact upon them.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

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