Penn v. Board of ParoleAnnotate this Case
When petitioner Prentice Penn was released from prison to post-prison supervision, the Board of Parole and Post-Prison Supervision included a special condition in its order requiring that petitioner not “enter into or participate in any intimate relationship or intimate encounters with any person (male or female) without the prior written permission” of his supervising officer. On appeal to the Oregon Supreme Court, petitioner contended: (1) the board lacked statutory authority to impose the condition; and, (2) the condition was unconstitutional under the Due Process Clause of the Fourteenth Amendment because it was vague or overbroad. The board noted that petitioner had completed his term of post-prison supervision and was no longer subject to the challenged condition; therefore, the board argued, a decision would not have a practical effect on petitioner’s rights and the case should have been dismissed. The Supreme Court determined that though petitioner’s appeal was moot, it was one that could and should have been decided under ORS 14.175, which provided an exception to the general rule (that moot cases should be dismissed) for cases in which a party alleges that an act, policy, or practice of a public body is contrary to law. On the merits of petitioner’s appeal, the Supreme Court held the board exceeded the scope of its statutory authority in imposing the special condition on petitioner.