Grimm v. Board of Parole and Post-Prison Supervision
Case #: A148397
Wollheim, P.J. for the Court; Edmonds, S.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148397.pdf
Parole and Post-Prison Supervision: When an inmate, whose dangerousness is based on a disability, is found to be a danger to the community, 42 USC §§ 12101-12213, the Americans with Disabilities Act and ORS 659A.142 will not limit the Board of Parole and Post-Prison Supervision's ability to defer the inmates release.
Grimm seeks judicial review of an order of the Board of Parole and Post-Prison Supervision (Board). Grimm had a history of convictions and was diagnosed with multiple conditions. Grimm was imprisoned and released on post-prison supervision (PPS) until he violated the PPS conditions and returned to prison. At that time Grimm received psychological evaluations that concluded he had a number of conditions indicating he would be a danger to the community. Based on those evaluations the Board ordered that Grimm’s parole consideration be deferred. Grimm appealed and argued that deferring his parole consideration based on disability was a violation of his rights under 42 USC §§ 12101-12213, the Americans with Disabilities Act and ORS 659A.142. The Court determined that the board did not err when it deferred Grimm's parole consideration date. There was substantial evidence and reasoning, including Grimm's long history of disciplinary violations inside and outside of prison, to support the lower court's holding that Grimm’s conditions made it more likely that he would commit a crime, and was therefore a danger to the community. Affirmed.