Dennis Balske

Supreme Court Strikes Down

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SUPREME COURT STRIKES DOWN PAROLE BOARD POLICY 

Posted: 10/3/2011

Janowski/Fleming v. Board of Parole and Post-Prison Supervision, 349 Or. 432, 245 P.3d 1270 (2011).  The court struck down an Oregon Parole Board policy that required prisoners to serve a minimum of thirty years before being considered for release, even in cases where the inmates had already been found likely to be rehabilitated after twenty years, under a provision allowing for early consideration after twenty years.  The court also required the Board, against its will, to apply the parole matrix to determine when to release the prisoners.