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LOVELACE v. BOARD OF PAROLE AND POST-PRISON SUPERVISION

A109610

72 P.3d 118 (2003)

188 Or. App. 432

Scott LOVELACE, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided June 26, 2003.

Attorney(s) appearing for the Case

Scott A. Lovelace filed the briefs pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

In this proceeding pursuant to ORS 183.400, petitioner challenges the validity of OAR 255-050-0005(2)(c). That rule authorizes the Board of Parole and Post Prison Supervision to postpone an inmate's scheduled release date if the inmate refuses to participate in a psychiatric or psychological evaluation ordered by the board. Petitioner argues that the rule exceeds the board's authority granted under ORS 144.223. Petitioner further, and alternatively, asserts...

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