Opinion

Frey v. Board of Parole & Post-Prison Supervision

  • 152 Or. App. 462
  • 950 P.2d 418
  • 1998 Ore. App. LEXIS 123
Court
Court of Appeals of Oregon
Filed
Feb 11, 1998
Status
Published
Author
Armstrong
On the bench
Warren, Edmonds, Armstrong
Cited by
4 cases
Authority
More cited than 60.6%

The opinion

*464

ARMSTRONG, J.

Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision. In that order, petitioner was designated a predatory sex offender (PSO) and ordered to undergo a mental health evaluation and to obtain sexual offender treatment and counseling. The period of post-prison supervision (PPS) was set at 210 months, a time period that, when added to his incarceration time, equaled the maximum term of the indefinite sentence for the offense for which petitioner was convicted.

Petitioner argues that he was entitled to a contested-case hearing before being labeled a PSO, that the Board exceeded its authority in setting a PPS period of 210 months and that the Board could not require him to enroll in a sexual offender treatment program as a condition of PPS. Petitioner further contends that the PSO designation imposed an additional punishment on him for the crime for which he was previously convicted and is therefore unconstitutional. Finally, petitioner argues that the PSO designation, and the notification procedures that accompany that designation, are unconstitutional invasions of his privacy. We affirm the Board’s order.

We address only petitioner’s second and fourth assignments of error. In his second assignment, petitioner argues that the PSO designation constitutes punishment, the imposition of which violates various constitutional guarantees. We addressed that precise argument and found it to be without merit in

Gress v. Board of Parole,

143 Or App 7, 12-16 , 924 P2d 329 ,

adhered to as modified

144 Or App 375 , 927 P2d 138 (1996),

rev dismissed

326 Or 68 (1997),

vacated and dismissed

152 Or App 491 , 950 P2d 418 (1998). We vacated our decision in

Gress

because we concluded that the issues that we had decided were not properly before us. 152 Or App at 493 . We now readopt and reaffirm our reasoning in

Gress

and, therefore, reject petitioner’s second assignment of error.

In his fourth assignment, petitioner contends that the Board exceeded its authority in setting a 210-month PPS period. We conclude that we lack jurisdiction to address that issue. The Board set the 210-month PPS period as part of

*465

petitioner’s original PPS order, effective November 16,1994. Petitioner did not seek review of that order. The order from which petitioner sought review, dated December 30, 1994, merely continued the period previously imposed. Because the order on review did not change the PPS period, petitioner was not aggrieved or adversely affected by that provision of it.

See Scott v. Board of Parole,

117 Or App 170, 171 , 843 P2d 959 (1992),

rev den

315 Or 643 (1993). With regard to petitioner’s remaining assignments of error, the issues that they raise are raised for the first time on review, and any errors that they present are not apparent on the face of the record. Hence, we do not reach them.

See Troiano v. Board of Parole,

144 Or App 325, 326 , 925 P2d 167 (1996),

rev den

324 Or 560 (1997).

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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