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Oregon Supreme Court, October 24, 2019

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by: Rankin Johnson IV • October 27, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

POST-PRISON SUPERVISION — Permissible conditions

PPS condition prohibiting intimate relationships without permission exceeded Board's statutory authority. Reversed.

Although the case was moot, a statute permitted review when a policy of a public body is contrary to law. The court decided the case on statutory grounds, and thus did not reach constitutional issues.

Penn v. Board of Parole and PPS 365 Or 607 (October 24, 2019) (Nakamoto) (Board of Parole and PPS)

POST-PRISON SUPERVISION — Permissible conditions

PPS condition prohibiting intimate relationships without permission exceeded Board's statutory authority. Reversed.

The court rejected the Board's argument that petitioner, who was pro-se, had failed to exhaust administrative remedies.

Tuckenberry v. Board of Parole and PPS 365 Or 640 (October 24, 2019) (Nakamoto) (Board of Parole and PPS)