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KELLAS v. DEPARTMENT OF CORRECTIONS

A118362.

78 P.3d 1250 (2003)

190 Or. App. 331

Scott Thomas KELLAS, Petitioner, v. DEPARTMENT OF CORRECTIONS and Criminal Justice Commission, Respondents.

Court of Appeals of Oregon.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Donald Scott Upham, Hillsboro, argued the cause and filed the brief for petitioner.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Petitioner, the father of an inmate, challenges two administrative rules pursuant to ORS 183.400. The rules in question—one adopted by the Criminal Justice Commission (CJC) and the other adopted by the Department of Corrections (DOC)—address the crediting of time spent in pretrial "house arrest" against prison sentences. See OAR 213-005-0012(2)(d) (CJC rule); OAR 291-100-0080(7) (DOC rule). Specifically, petitioner asserts that the...

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