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V. L. Y. v. BOARD OF PAROLE

CA A108068, SC S51000.

106 P.3d 145 (2005)

338 Or. 44

V. L. Y., Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review.

Supreme Court of Oregon.

Decided February 10, 2005.

Attorney(s) appearing for the Case

Kendra M. Matthews, of Ransom Blackman LLP, Portland, argued the cause and filed the brief for petitioner on review.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

GILLETTE, J.

This is a case of judicial review of an order of the Board of Parole and Post-Prison Supervision (the board) that designated petitioner as a "predatory sex offender" for purposes of Oregon's sex offender community notification law, set out at ORS 181.585 to 181.590. Petitioner challenges the designation on statutory and constitutional grounds. We agree with petitioner that the designation arose out of a statutorily impermissible decisional process and...

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