Willamette Law Online

Oregon Court of Appeals


Hostetter v. Board of Parole and Post-Prison Supervision

Summarized by: 

Date Filed: 02-21-2013
Case #: A144070
Sercombe, J. for the Court; Ortega, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144070.pdf

Parole and Post-Prison Supervision: Under OAR 253-11-004(3), the maximum term of incarceration that may be imposed for any single violation is 90 days for a technical violation, and 180 days for conduct constituting a crime.

Hostetter sought judicial review of an order of the Board of Parole and Post-Prison Supervision (Board) denying his request for re-release on post-prison supervision (PPS). After a technical violation of the Hostetter's parole, the Board revoked his PPS and imposed a sanction of 84 months' incarceration. Hostetter argued that the Board was not permitted to impose an incarcerative sanction in excess of 90 days. The Court of Appeals agreed with Hostetter. Overruling the precedent set out in Jones v. Board of Parole, insofar as Jones interpreted OAR 253-11-004(3) and OAR 253-05-004, the Court of Appeals found that under OAR 253-11-004(3) the Board cannot impose a sanction of incarceration in excess of 90 days for a technical violation. Further, the Court found that the aggregate 180 day limitation exception of 253-05-004(2) was the only exception that applied to those on lifetime PPS for murder. Reversed and remanded.