The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF STATE POLICE
DIVISION 70
SEX OFFENDER REGISTRATION;
INFORMATION ACCESS
257-070-0005
Statement of Purpose
The purpose of these rules is to implement and interpret ORS 181.585 to 181.608. The Oregon State Police is authorized to adopt rules interpreting and implementing the described statutes. These rules establish standards and procedures for victim and public access to sex offender information and for designation of unsupervised adult and juvenile offenders as predatory sex offenders.
Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
257-070-0010
Authority
Authority to provide information concerning registered sex offenders to victims is conferred by ORS 181.601. Authority to make information concerning registered sex offenders available to the public is conferred by ORS 181.586 to 181.592. Authority to designate unsupervised adult and juvenile offenders as predatory sex offenders and authority to notify the public concerning predatory sex offenders are conferred by ORS 181.585 to 181.589.
Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
257-070-0015
Definitions
As used in these rules:
(1) "Predatory sex offender" means a person who has been determined to be predatory under ORS 181.585 to 181.589.
(2) "Registered sex offender" means a person who is required to report and be registered as a sex offender under ORS 181.595, 181.596, or 181.597.
(3) "Sex Offender Web Site" means a site established and maintained on the World Wide Web by the Department of State Police, containing information concerning registered and predatory sex offenders.
(4) "Under supervision for the first time" means that the registered sex offender is serving any period of supervision, whether active or inactive, arising out of the sentence imposed by the court upon the offender's first conviction for a sex crime listed in ORS 181.594, including the following periods of supervision:
(a) In the case of a sentence of probation, the entire period of probationary supervision arising out of the probationary sentence, notwithstanding any periods of custody imposed or served in relation thereto. If probation is revoked and the offender is sentenced to a term of imprisonment, "under supervision for the first time" also includes all periods of supervision arising out of the revocation sentence, including any form of parole or supervised release from incarceration during, and any term of post-prison supervision imposed as part of, the revocation sentence.
(b) In the case of an indeterminate sentence of imprisonment, all periods of supervision arising out of the sentence, including any form of parole or supervised or conditional release from incarceration.
(c) In the case of a determinate sentence of imprisonment, all periods of supervision arising out of the sentence, including any form of supervised or conditional release from incarceration and the term of post-prison supervision imposed as part of the sentence.
(5) "Victim" means a person, or the legal guardian of a person, who is:
(a) The victim of a sex crime listed in ORS 181.594 the commission of which resulted in a conviction, a finding of guilty except for insanity, or a finding that a youth was within the jurisdiction of the juvenile court for an act which, if committed by an adult, would constitute a sex crime; or
(b) Any person who is named in a criminal complaint as a victim of a sex crime listed in ORS 181.594 who in the course of any judicial proceeding is acknowledged by the defendant to be the victim of a sex crime listed in ORS 181.594.
Stat. Auth.: ORS 181.555 & 181.730
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 3-1994, f. & cert. ef. 8-1-94; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
257-070-0025
Victim Access to Registered Sex Offender Information
(1) A victim shall be issued a victim identification number and shall be given the registry identification number of the registered sex offender who committed the crime against the victim:
(a) At any time, upon request by the victim; and
(b) Upon verification of the identification of the victim.
(2) The Department of State Police has established a toll-free telephone number, 1-800-551-2934, to provide victims with updates on the prison status, release information, parole status and any information concerning the registered sex offender who committed the crime against the victim that is authorized for release under ORS 181.585 to 181.601. The telephone line will be operational 8 a.m. to 5 p.m. Monday through Friday.
Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
257-070-0040
Designation of Persons as Predatory Sex Offenders; Notice and Opportunity to Be Heard Regarding Designation as Predatory Sex Offender
(1) Under ORS 181.585 to 181.589, the Department of State Police is authorized to designate as predatory sex offenders:
(a) Persons who exhibit characteristics showing a tendency to victimize or injure others and who have been convicted of a sex crime listed in ORS 181.594(2)(a) to (d), convicted of attempting to commit one of those crimes, or found guilty except for insanity of one of those crimes, and who are not under the supervision of the Oregon Department of Corrections or a community corrections agency; and
(b) Persons who are required to report under ORS 181.595, 181.596, or 181.597 after having been found to be within the jurisdiction of the juvenile court for having committed acts that if committed by an adult would constitute sex crimes and who the Department of State Police has designated as predatory after consultation with the person's last primary supervising agency, and who are not under the supervision of the juvenile court.
(2) The Department of State Police will designate persons as predatory sex offenders as provided in ORS 181.585 to 181.589 and this rule.
(3) The Department of State Police will designate a person as a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and meets the criteria for designation as a predatory sex offender established in the risk assessment scale approved by the Oregon Department of Corrections.
(4) Prior to designating a person as a predatory sex offender, the Department will notify the person in writing of the proposed designation, the basis for the designation and the method for submitting written objections to the proposed designation. The notice will include a copy of the risk assessment scale approved by the Oregon Department of Corrections as scored for that person. The notice of proposed designation will be sent to the person by registered or certified mail.
(5) A person who has received notice under subsection (4) of this rule may submit written objections to the proposed designation. The person must complete and sign the "Objections to Predatory Sex Offender Designation" form provided for that purpose.
(6) In addition to the person's signed "Objections to Predatory Sex Offender Designation" form, a person who has received notice under subsection (4) of this rule may submit other relevant written materials in support of the person's objection to the designation. For the purpose of this rule, "relevant written materials" means documentary evidence that will assist the Department of State Police in determining as a factual matter whether the person meets one or more of the sex offender risk assessment scale criteria upon which the Department of State Police proposes to rely in designating the person as a predatory sex offender. For the purpose of this rule, relevant written materials includes:
(a) A court order reversing, vacating or setting aside a judgment of conviction for a crime;
(b) A court order reversing, vacating or expunging a finding that the person was within the jurisdiction of the juvenile court for committing an act that if committed by an adult would constitute a crime;
(c) An order of pardon for a crime; or
(d) Police reports, pre-sentence investigation reports, court records and transcripts, or other documentary evidence relating to the circumstances of the person's crime or crimes.
(7) The person's signed "Objections to Predatory Sex Offender Designation" form and other relevant written materials, if any, must be received by the Department of State Police within 35 days of the date of the Department of State Police notice of proposed designation provided under subsection (4) of this rule.
(8) The Department of State Police will consider materials submitted under subsections (5) and (6) of this rule prior to making its final determination of whether the person meets the criteria for designation as a predatory sex offender, if the Department of State Police receives these materials within the time limit set forth in subsection (7) of this rule.
(9) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person meets the criteria for designation as a predatory sex offender, the Department of State Police will designate the person as a predatory sex offender and will inform the person in writing by registered or certified mail of the designation. The designation is effective as of the date of the letter informing the person of the designation.
(10) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person does not meet the criteria for designation as a predatory sex offender, the Department of State Police will inform the person in writing by registered or certified mail, that the Department of State Police is not designating the person as a predatory sex offender at that time.
(11) A person from whom the Department of State Police does not receive any materials under subsections (5) and (6) of this rule within 35 days of the date of the notice of proposed designation provided under subsection (4) of this rule will be deemed not to object to designation as a predatory sex offender, unless the cause for the failure to submit materials was beyond the reasonable control of the person, as determined by the Department of State Police. The designation is effective as of the thirty-sixth day after the date of the notice of proposed designation provided under subsection (4) of this section.
(12) The Department of State Police may designate a person as a predatory sex offender if the person meets the Department of Corrections sex offender risk assessment scale criteria for designation as a predatory sex offender, regardless of whether the Department of State Police or any other agency determined at any previous time that the person was not a predatory sex offender.
(13) Prior to petitioning for judicial review of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the person shall file with the Department of State Police a petition for reconsideration of the designation. The petition for reconsideration must be received by the Department of State Police within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule and must also comply with other requirements of OAR 137-004-0080. The Department of State Police will inform the person in writing of its decision on reconsideration. The Department's decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.
(14) Notwithstanding subsection (13) of this rule, within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the Department of State Police may reconsider the designation on its own initiative as provided in OAR 137-004-0080. Following reconsideration of a designation on the Department's own initiative, the Department will inform the person in writing of its decision on reconsideration. The decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.
(15) In its discretion, the Department of State Police may conduct community notification or notify the public concerning a person designated as a predatory sex offender in any manner authorized by law.
[ED. NOTE: Appendices referenced are available from the agency.]
Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 4-1999(Temp), f. & cert. ef. 10-29-99 thru 4-25-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
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