However, do you have a claim as a prisoner if the state wrongly denied parole or time credits for good behavior? You may have a claim for a wrongful denial when the state violates due process, bases its decision on incorrect facts, fails to follow legal standards, or denies parole or good time credits for arbitrary reasons. In these circumstances, you may have a legal claim to obtain a remedy for a wrongful denial.
How Parole and Good Time Credits Work in Oregon
In Oregon, the criminal justice system has replaced the older parole system with post-prison supervision for crimes committed in November 1989 or later. Convicted individuals serve a set term of incarceration, followed by a period of post-prison supervision after completing their prison term. However, Oregon also allows inmates to earn time credits, which can reduce their incarceration term and allow them to obtain release earlier to start on their post-prison supervision term.
What Does the Law Require from the Parole Board?
Corrections and parole officials must follow established rules and procedures when determining time credits or release from incarceration. As a result, failure to follow these regulations may give an inmate a wrongful denial claim. However, the law also gives officials significant discretion in various determinations, which may mean an inmate does not have a strong claim. Conversely, some decisions require simple calculations, and inmates may have stronger claims when administrative errors result in miscalculations.
Common Grounds for a Wrongful Denial Claim
Some of the most common situations in which an inmate in Oregon might have a wrongful denial claim include:
- Due process violations, such as inadequate notice of parole board hearings or what the board will consider at a hearing, or denial of the opportunity to present evidence
- Reliance on erroneous or outdated information about a prisoner
- Failure to follow Oregon law and administrative rules when deciding time credits
- Erroneous retroactive application of rule changes
- Miscalculation of credits due to administrative errors
- Arbitrary or malicious decision-making
Steps to Take If You Have a Wrongful Denial Claim
If you think that officials may have wrongfully denied you good time credits or release from prison, steps you need to take to pursue a claim for relief include:
- Obtain copies of prison records, including documentation of completed programs and good behavior
- Identify specific laws or regulations that the denial may have violated
- Review administrative appeals procedures and deadlines to ensure you file your claim correctly
- Consult an experienced attorney to discuss your legal rights and options
Why Legal Representation Matters
Time credits and release from prison depend on the application of complex laws, administrative regulations, and case law interpreting those statutes and regulations. As a result, legal representation can become critical to determining whether a wrongful denial of time credits or release has occurred. Furthermore, pursuing wrongful denial claims requires following complicated procedures to exhaust administrative remedies before a prisoner may have the right to pursue their claims in court. A lawyer can help an inmate ensure they correctly pursue review procedures to prevent the dismissal of their claim on a technicality and the loss of their potential right to an early release.
Contact Our Firm Today for Counsel and Assistance
Although not every denial of parole or credits results from a wrongful decision, acting quickly can preserve your legal options for legal relief if a wrongful denial has occurred. Contact Wayne A. Lamb Law today for an initial consultation with a prisoner rights litigation attorney to discuss your situation and whether you may have a claim for a wrongful denial of parole or good time credits.