GREEN v. BOARD OF PAROLE AND POST PRISON SUPERVISION (2020)

Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision. In that order, the board deferred petitioner's release date under ORS 144.125(3) upon finding that petitioner had “a present severe emotional disturbance [(PSED)] that constitutes a danger to the health or safety of the community.”

On review, petitioner contends primarily that the use of the PSED standard under ORS 144.125(3) violates Title II of the Americans with Disabilities Act (ADA) and also the Rehabilitation Act of 1973. Those arguments run contrary to our decisions in Grimm v. Board of Parole, 258 Or. App. 595, 598, 310 P.3d 736 (2013), rev. den., 354 Or. 699, 319 P.3d 696 (2014), and McCline v. Board of Parole, 205 Or. App. 144, 148, 133 P.3d 349, rev. den., 342 Or. 46, 148 P.3d 915 (2006), and we are not persuaded that those decisions are plainly wrong. In that regard, we note that our decisions are in harmony with the Ninth Circuit's view. See Thompson v. Davis, 295 F.3d 890, 898 n. 4 (9th Cir. 2002) (addressing ADA question).

Petitioner also contends that the board's determination that he has a PSED that constitutes a danger to the health or safety of the community is not supported by substantial evidence or substantial reason. We reject that contention without further discussion.

Affirmed.

PER CURIAM