Jacob Henry Barrett, an Oregon state prisoner, filed a petition for judicial review of two DOC administrative rules, OAR 291-105-0010(15) and OAR 291-105-0066(6) and (9)(d) regarding prison disciplinary fines. He argued the rules were unconstitutional and the DOC had no statutory authority to enact them. The court of appeals refused to address his constitutionality claims.
The appellate court held that ORS 421.068(1)(d) clearly contemplated the disposition of funds from prison disciplinary fines and that ORS 423.075(5)(d) authorized a general framework of disciplinary sanctions broad enough to include fines. Therefore, in conjunction with its previous holding in Clark v. Scumacher, 103 Ore.App. 1, 795 P.2d 1093 (1990), the DOC had authority under ORS 421.105(1) to impose fines as a disciplinary sanction. See: Barrett v. DOC, 203 Ore.App. 196, 125 P.3d 98 (Ore.App., 2005), review denied.
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Related legal case
Barrett v. DOC
|Cite||203 Ore.App. 196, 125 P.3d 98 (Ore.App., 2005)|
|Level||State Court of Appeals|