A114299 Day v. Board of Parole

State: Oregon

Docket No: A114299

Case Date: 10/23/2002

FILED: October 23, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TIMOTHY SCOTT DAY,

Petitioner,

BOARD OF PAROLE AND
POST-PRISON SUPERVISION,

Respondent.

A114299

Judicial Review from Board of Parole and Post-Prison Supervision.

Submitted on record and briefs July 5, 2002.

Timothy Scott Day pro se.

Holly A. Vance filed the brief for respondent. With her on the brief was Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.

EDMONDS, P. J.

Affirmed.

EDMONDS, P. J.

Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision (board) subjecting him to six months of parole-like supervision following his release on his good time date. Petitioner argues that the board lacks the authority to impose the supervision period. We affirm.

The relevant facts are that in 1983, (1) petitioner pleaded guilty to sex-related crimes committed in that year. In 1987, he was sentenced to a maximum of 20 years imprisonment for those crimes. In 2000, petitioner exercised his right to refuse parole, and the board issued an order that petitioner be released on his good time date, subject to six months of post-release supervision pursuant to former ORS 421.120(3), repealed by Or Laws 1985, ch 53,