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J.M. V. Oregon Youth Authority, OR, Protective Order, Sexual Assault on a Minor, 2016

Brief • March 7, 2016

Filed under: Sexual Assault

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Racism Complaint Forces Oregon Police Chief’s Retirement; Reporting Officer Receives Death Threats, Retaliation and Cold Shoulder

Article • February 18, 2016

Filed under: Police Misconduct, Racial Discrimination, Retaliation for Filing Grievances, Retaliation against Staff

Racism Complaint Forces Oregon Police Chief’s Retirement; Reporting Officer Receives Death Threats, Retaliation and Cold Shoulder by Mark Wilson An Oregon police officer, who brought a racism complaint against his Police Chief forcing him to retire, has received death threats and suffered other retaliatory backlash. Clatskanie police officer Alex Stone …

8,000 Oregon Victims Incorrectly Alerted of Prisoner Releases

Article • February 18, 2016

Filed under: Contractor Misconduct, Victims, Internet

8,000 Oregon Victims Incorrectly Alerted of Prisoner Releases by Mark Wilson Approximately 8,000 Oregon crime victims were recently alarmed when they were erroneously alerted that the prisoners who committed crimes against them would be released. Since 2001, the Oregon Department of Corrections (ODOC) has been one of 47 states that …

BOP Settles Lawsuit by Recognizing Humanism as Religion

Article • February 18, 2016

Filed under: Religious Discrimination, Denial of Religious Services, Religious Practices, Religion Defined

BOP Settles Lawsuit by Recognizing Humanism as Religion by Mark Wilson The federal Bureau of Prisons (BOP) has agreed to recognize "Humanism" as an official "religion" to settle a prisoner's lawsuit. Jason Michael Holden is a BOP prisoner who was confined at the Federal Correctional Institution (FCI) in Sheridan, Oregon. …

Oregon Court Explains DNA Testing Prima Facie Requirement

Article • February 18, 2016

Oregon Court Explains DNA Testing Prima Facie Requirement by Mark Wilson The Oregon Court of Appeals held that a prisoner failed to make a prima facie showing warranting post-conviction DNA testing. Oregon first adopted a post-conviction DNA testing law in 2002. The person requesting DNA testing must: (1) submit an …

Oregon PCR Judgments Must Satisfy "Clear-Statement Rule"

Article • February 18, 2016

Filed under: Legal Materials, Habeas Corpus

Oregon PCR Judgments Must Satisfy "Clear-Statement Rule" by Mark Wilson The Oregon Court of Appeals held that trial court judgments denying post-conviction relief (PCR) must satisfy the "clear-statement rule" required by Oregon law. ORS 138.640(1) mandates that a PCR judgment "must clearly state the grounds on which the cause was …

Unauthorized, Unpreserved Oregon Court-Appointed Attorney Fees Reversed

Article • February 18, 2016

Filed under: Attorney Fees (PLRA), Indigent Defense

Unauthorized, Unpreserved Oregon Court-Appointed Attorney Fees Reversed by Mark Wilson The Oregon Court of Appeals reversed lower court assessments of attorney fees against criminal defendants without finding that they are, or may be, able to pay. Clifford Graham was convicted of four sex crimes. Since he had previously been twice …

Mentally Ill Oregon Prisoner's Appeal Dismissed for Hanging Up on Judge

Article • February 17, 2016

Filed under: Appeals, Mental Health

Mentally Ill Oregon Prisoner's Appeal Dismissed for Hanging Up on Judge by Mark Wilson The Oregon Court of Appeals upheld the dismissal of a mentally ill prisoner's appeal for hanging up from telephonic hearings while the judge was speaking. Oregon prisoners may file a collateral appeal known as a post-conviction …

Oregon Guard's Wrongful Discharge Suit for False Poisoning Claim Revived

Article • February 17, 2016

Filed under: Whistleblowing, Guards/Staff

Oregon Guard's Wrongful Discharge Suit for False Poisoning Claim Revived by Mark Wilson The Oregon Court of Appeals reinstated a wrongful termination suit of a youth prison guard who claimed that someone poisoned his unattended Vitamin Water. The trial court improperly applied an objective reasonableness standard, when only a subjective, …

Oregon Court's No Plea Policy is Abuse of Discretion

Article • February 17, 2016

Filed under: Guilty Pleas

Oregon Court's No Plea Policy is Abuse of Discretion by Mark Wilson The Oregon Court of Appeals held that rejecting guilty pleas that reduce misdemeanors to violations solely on the basis of a policy of refusing to allow defendants who are charged with misdemeanors to plead guilty to violations was …

No Oregon Restitution for Post-Crime Conduct

Article • February 17, 2016

Filed under: Restitution, Family

No Oregon Restitution for Post-Crime Conduct by Mark Wilson The En Banc Oregon Court of Appeals reversed a lower court's imposition of restitution stemming from a defendant's post-crime unlawful conduct. Oregon law authorizes sentencing courts to impose restitution only for economic damages which result from a crime that a criminal …

Former Oregon Youth Prison Guard Gets 65 Years for Molesting Children

Article • February 17, 2016

Filed under: Staff-Prisoner Assault, Guard Misconduct, Juveniles

Former Oregon Youth Prison Guard Gets 65 Years for Molesting Children by Mark Wilson A former Oregon juvenile prison guard has been sentenced to 65 years in prison for multiple sex crimes against children. During the 1990s, Frank Milligan was employed by the Oregon Youth Authority (OYA) as a group …

Dehumanizing and Humiliating Oregon Strip Search Suppresses Evidence

Article • February 17, 2016

Filed under: Strip Searches

Dehumanizing and Humiliating Oregon Strip Search Suppresses Evidence by Mark Wilson The Oregon Court of Appeals held that police conducted a "dehumanizing and humiliating" illegal warrant less search when three officers handcuffed a criminal defendant and forcibly spread his buttock cheeks apart to find a baggie of cocaine "pressed against" …

Oregon Attorney General Investigates Small Town Police Chief

Article • February 17, 2016

Filed under: Police Misconduct

Oregon Attorney General Investigates Small Town Police Chief by Mark Wilson The Oregon Department of Justice (DOJ) has initiated a criminal investigation against the Police Chief and second-in-command of a small, four-man Oregon police department. Stanfield is a small Eastern Oregon community of 2,040 people on the Washington border. The …

Oregon Grand Jury Faults Lenient Pass Policies for Murder

Article • February 17, 2016

Filed under: Sexual Assault by Parolees, Prison Reform, Murder by Parolees

Oregon Grand Jury Faults Lenient Pass Policies for Murder by Mark Wilson "There seemed to be a permeating sense of leniency," that allowed an Oregon prisoner to brutally murder his ex-girlfriend while on a pass, a grand jury report concluded. "Consequently, we feel that the current attitudes and practices at …

Fired Oregon Corrections Inspector General Threatens $3 Million Lawsuit

Article • February 17, 2016

Filed under: DOC/BOP misconduct

Fired Oregon Corrections Inspector General Threatens $3 Million Lawsuit by One month after filing a notice of intent to bring a $3 million lawsuit against his employer, Oregon Department of Corrections (ODOC) Inspector General (IO) Leonard Williamson, was terminated. "I have never heard of this before in my entire career," …

Oregon Cop Faces Criminal Charges for Coercing Multiple Women into Sex

Article • February 17, 2016

Filed under: Staff-Staff Assault, Assault by Police, Staff-Staff Harassment, Threats by Staff, Police Misconduct

Oregon Cop Faces Criminal Charges for Coercing Multiple Women into Sex by Mark Wilson An anonymous letter accusing several Oregon police officers of intimidating women into sexual relationships and other misconduct has prompted resignations, suspensions, a criminal investigation, and possible charges. In April 2015, an anonymous letter was sent to …

Oregon Sell Order Authorized Even if State Hospital Disagrees

Article • February 17, 2016

Filed under: Involuntary Treatment/Drugging

Oregon Sell Order Authorized Even if State Hospital Disagrees by Mark Wilson The En Banc Oregon Supreme Court held that trial courts have implied authority to issue Sell orders directing the Oregon State Hospital (OSH) to administer involuntary medication to restore a criminal defendant's capacity to stand trial, even when …

Oregon Applies Total Sentence Approach to Assess Pearce Vindictiveness

Article • February 17, 2016

Filed under: Appeals, Sentencing, U.S. Sentencing Guidelines

Oregon Applies Total Sentence Approach to Assess Pearce Vindictiveness by Mark Wilson The Oregon Court of Appeals held that the "total sentence approach" is the proper test for assessing whether an increased sentence after a successful appeal is presumptively vindictive. In North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. …

Audit of Jail Healthcare, Washington County Auditors Office, 2014

Publication • February 12, 2016

Filed under: Corrections Audits, Medical, Jail Specific

Audit of Jail Healthcare, Washington County Auditors Office, 2014 Washington County Auditor’s Office Audit of Jail Healthcare Final Report November 24, 2014 John Hutzler, CIA, CGAP, CCSA County Auditor THIS PAGE INTENTIONALLY BLANK TABLE OF CONTENTS EXECUTIVE SUMMARY ……….……………………………… i Background ……………………………………………………….. 1 Findings and Recommendations ……………….……..…………. 2 Contract Administration …