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Appeals court considers whether Offender Registry Board misapplied factor 29 to long "offense-free" period
Summary
Counsel for a John Doe argued the hearing examiner acted arbitrarily by ignoring long offense-free time in the community and failing to apply factor 29 or catchall factor 37; the Board responded that the studies underpinning factor 29 examine post-incarceration samples and that the regulations define when offense-free time begins.
The panel heard argument in an appeal from an Offender Registry Board determination over whether the hearing examiner properly applied the Boards risk factors. Counsel for the appellant said his client had been offense free in the community for roughly a decade after the events at issue and that the examiners failure to give mitigating weight to that period…
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