Vrieling v. Oregon State Board of Parole

534 P.2d 516, 21 Or. App. 245, 1975 Ore. App. LEXIS 1361
Court of Appeals of Oregon·Decided April 28, 1975·No. 3988·Published·Cited by 4 cases

Opinions

THORNTON, J.

This is a review of a final order of the Oregon State Board of Parole (Board) revoking petitioner’s parole. ORS 144.335.

Petitioner contends that the Board erred in revoking his parole in that it did not afford him a full and complete revocation hearing.

The facts are as follows:

Petitioner was paroled from the Oregon State Penitentiary to the state of Washington, where he was being supervised by the host state pursuant to the Interstate Compact.

[247]*247On May 14, 1974, petitioner’s Washington parole officer recommended that petitioner’s parole be suspended and a warrant issued for his arrest for the following alleged violations of parole: (1) attempting to flee from Seattle police following a lawful attempted apprehension and (2) removing scrap metal from the property of another without the consent of the true owner.

In July 1974 a hearing was held in Washington before a hearing officer for the Compact administrator. The stated purpose of the hearing was to determine whether there was probable cause to believe petitioner committed a violation of his parole, and if so was there reason to believe that such violation was of such a nature that revocation of parole should be considered. Petitioner was represented by an attorney at that hearing.

The hearing officer made a written record of the proceeding. The record, which did not include a verbatim transcript of the hearing, did include the following: A statement of the issue, a statement of the alleged violations of parole, a summary of the evidence and testimony produced at the hearing, a statement of the findings of the hearing officer and his recommendations. The summary of the evidence included a summary of the testimony of petitioner, a Seattle police officer and a Snohomish County deputy sheriff.

In his findings the hearing officer concluded that there was probable cause to believe that petitioner had violated the terms of his parole in attempting to flee from a lawful arrest, and that such flight was a violation of state law and was sufficiently serious to establish a basis for parole revocation. With respect to the second allegation, the hearing officer found that there was no probable cause to believe petitioner commit[248]*248ted a criminal act in carrying away scrap equipment, and that therefore this did not constitute a basis for revoking petitioner’s parole. As to a third allegation, using intoxicating beverages, which was added after petitioner’s apprehension, the hearing officer concluded that petitioner’s admission that he had been drinking established a parole violation, but that it was not a sufficient basis to revoke petitioner’s parole. In his recommendation the hearing officer stated that the evidence indicated that petitioner should not be allowed to remain on parole in Washington. He further recommended holding petitioner in custody for up to 30 days to await action by the Oregon State Board of Parole.

The Board considered the matter of petitioner’s parole in August 1974. After reviewing petitioner’s file and the record in the Washington proceeding, the Board issued a proposed order recommending that petitioner’s parole be revoked.

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Vrieling v. Oregon State Board of Parole, 534 P.2d 516, 21 Or. App. 245, 1975 Ore. App. LEXIS 1361 (Or. Ct. App. 1975).

534 P.2d 516 (Vrieling v. Oregon State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Vrieling v. Oregon State Board of Parole
534 P.2d 516 (Court of Appeals of Oregon, 1975)