Opinion

Lovelace v. Board of Parole & Post-Prison Supervision

  • 188 Or. App. 432
  • 72 P.3d 118
  • 2003 Ore. App. LEXIS 773
Court
Court of Appeals of Oregon
Filed
Jun 26, 2003
Status
Published
On the bench
Haselton, Linder, Wollheim
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

PER CURIAM

In this proceeding pursuant to ORS 183.400, petitioner challenges the validity of OAR 255-050-0005(2)(c). That rule authorizes the Board of Parole and Post-Prison Supervision to postpone an inmate’s scheduled release date if the inmate refuses to participate in a psychiatric or psychological evaluation ordered by the board. Petitioner argues that the rule exceeds the board’s authority granted under ORS 144.223. Petitioner further, and alternatively, asserts that the rule is facially unconstitutional as violating state and federal constitutional provisions pertaining to free expression and protecting against compelled self-incrimination. Or Const, Art I, §§ 8, 12; US Const, Amends I, V. We have previously rejected petitioner’s statutory argument in Gholston v. Palmateer, 183 Or App 7 , 51 P3d 617 (2002). We reject petitioner’s facial constitutional challenges without discussion. .

OAR 255-050-0005(2)(c) held valid.

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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