Severy v. Board of Parole & Post-Prison Supervision
245 P.3d 119
| Or. | 2010Background
- Consolidated parole-eligibility cases assess Board authority to override 30-year minimums for aggravated murder when prisoners are found rehabilitated after 20 years.
- Each prisoner was sentenced to two consecutive life sentences with 30-year minimums for aggravated murder, later found capable of rehabilitation.
- Janowski/Fleming v. Board of Parole held board may override 30-year minimums and release after 20 years with rehabilitation finding, applying matrix rules then in effect.
- Norris v. Board of Parole held inconsistent reasoning by the Court on timing of rehabilitation hearings and the effect on consecutive sentences, later reconsidered.
- Board proceedings initially treated the two consecutive sentences as a unit for parole release calculations, raising questions about whether rehabilitation findings affect both sentences or only the first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ORS 163.105(1985) authorize overriding multiple 30-year minimums after rehabilitation finding? | Severy/Wilson: board may override both minimums upon rehabilitation finding. | Board: authority limited; Norris controls timing and scope. | Yes; board may override both when rehabilitation shown, subject to scheduling and matrix application. |
| What is the correct unit (consecutive sentences vs. combined period) the board may convert upon rehabilitation finding? | Severy/Wilson contend rehabilitation applies to combined minimums. | Board/Norris treated as separate for timing; but Norris overruled. | The board must convert the terms of confinement for the combined minimum period, not merely the first sentence. |
| Does a rehabilitation finding retroactively alter the timing and eligibility for parole on subsequent sentences? | Rehabilitation findings trigger parole eligibility for all concurrent/consecutive terms. | Matrix rules apply to release timing; questions about retroactivity. | Rehabilitation findings affect eligibility for parole across the applicable combined term; remanded for board to address matrix/second sentence. |
Key Cases Cited
- Janowski/Fleming v. Board of Parole, 349 Or. 432 (Oregon 2010) (board authority to override 30-year minimums after 20 years, using current matrix rules)
- Norris v. Board of Parole, 331 Or. 194 (Oregon 2000) (timing of rehabilitation hearings and interpretation of 'terms of confinement' overruled to clarify unitary vs. multiple sentences)
- Severy v. Board of Parole, 224 Or.App. 176 (Or.App. 2008) (affirmed Norris-based rationale; later comment on overruled reasoning)
- Wilson v. Board of Parole, 222 Or.App. 224 (Or.App. 2008) (consolidated case; related to Norris and rehabilitation hearing timing)