Denning v. Board of Parole

Similarly to how the Fifth Amendment does not permit a witness to fail to comply with a subpoena to appear as a witness but rather requires them to invoke their privilege on a question-by-question basis, a sex offender subject to random polygraph examinations may not disregard such examinations based on the Fifth Amendment.

Petitioner sought judicial review of the Board of Parole and Post-Prison Supervision's ("Board") final order imposing a special condition of supervision, which required him to participate in random polygraph examinations. Petitioner argued that mandating these examinations violated his rights under the Fifth Amendment because it is overly broad and the Board failed to implement exceptions to narrowly tailor its goal. The Board asserted that these special conditions were required under ORS 144.102(4)(b)(J) to manage risk and not for purposes of proving Petitioner violated his parole. The Court reasoned that, similarly to how the Fifth Amendment does not permit a witness to fail to comply with a subpoena to appear as a witness but rather requires them to invoke their right on a question-by-question basis, a sex offender subject to polygraph examinations may not disregard such examinations based on the Fifth Amendment. Rather, while participating in the polygraph examination, Petitioner may invoke his Fifth Amendment privilege on a question-by-question basis. AFFIRMED.