justicedao/ipfs_state_laws huggingface dataset:
859-400-0001 Background/Purpose of Rules/Applicability (1) 2013 Oregon Laws, Chapter 708 (HB 2549) as amended by 2015 Oregon Laws, Chapter 820 (HB 2320) creates a new state-wide system that classifies most registered sex offenders in the State of Oregon. After completion of a risk assessment, each registrant will be classified as a 3, 2 or 1. A classification of “3” is considered the highest risk while a classification of “1” is considered the lowest risk. Effective August 12, 2015, the PSRB has new responsibilities under these laws. First, the PSRB or the Board of Parole & Post-Prison Supervision will be classifying all registrants who have been found GEI (guilty except for insanity) and submitting their classification to Oregon State Police. Depending on a registrant’s risk, the PSRB may release information necessary to protect the public concerning the sex offender and Oregon State Police may release information to the public as well. Finally, registrants who meet the eligibility requirements to apply to the PSRB for relief from registration or request reclassification to a lower level may do so beginning December 1, 2018. Division 400 rules will clarify the PSRB’s implementation of these programs. (2) Division 400 administrative rules do not apply to those found responsible except for insanity (REI) who must register as a sex offender due to that finding. Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0010 Sex Offender Risk Assessment Methodology (1) Except for the provisions in subsections (3) and (4) of this rule, the PSRB will classify adult male registrants under its jurisdiction or previously under its jurisdiction by the Static-99R. The PSRB will score and place the registrant into one of the following levels: Level I: Low (Static-99R score of -3 to 3); Level II: Moderate (Static-99R score of 4 to 5); or Level III: High (Static-99R score of 6 or higher). (2) For classification of adult female registrants, category B registrants, and young male registrants, the PSRB will classify using the Level of Services/Case Management Inventory (LS/CMI) as supplemented by an independent sexual offense-specific evaluation report. Based on the score, these registrants will be designated into one of the following levels: Level I: Low (Score 0 to 10; LS/CMI as supplemented by an independent sexual offense-specific evaluation); Level II: Moderate (Score 11 to 19; LS/CMI as supplemented by an independent sexual offense-specific evaluation); or Level III: High (Score 20 or higher; LS/CMI as supplemented by an independent sexual offense-specific evaluation). (3) If a person found GEI has previously been designated as a sexually violent dangerous offender under ORS 137.765, it will classify that person as a Level III sex offender. (4) If a person found GEI has previously been designated as a predatory sex offender between February 10, 2005 and December 31, 2013, the Board will classify the registrant as a Level III sex offender. (5) The PSRB will classify a registrant who refuses or fails to participate in a sex offender risk assessment as a Level III sex offender unless the assessment can effectively be completed without the registrant’s participation. Statutory/Other Authority: ORS 161.387(1) & 163A.005-163A.020 Statutes/Other Implemented: ORS 163A.005 & 163A.020 History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0015 Classifying Agency/Sharing of Records (1) The PSRB will complete the risk assessment for PSRB GEI registrants who are required to register for the first time after August 12, 2015. For registrants who registered on or before this date, the PSRB may complete the assessment and notification process or assist BOPPPS with its classification process. (2) The PSRB will work collaboratively with BOPPPS to ensure that GEI registrants who do not fall under subsection (1) of this rule are classified. If needed, the PSRB will provide BOPPPS the PSRB records necessary to complete the assessment. Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0020 Timelines for Classifying Registrants (1) When a person found GEI of a crime described in ORS 163.355 to 163.427 is committed to a hospital designated by the Oregon Health Authority and placed under PSRB jurisdiction, the PSRB will conduct the risk assessment of the person using the risk assessment methodology in 859-400-0010. For those who are discharged or placed on conditional release after August 12, 2015, this assessment will take place no later than 60 days of the registrant’s discharge or conditional release. (2) For a person described in ORS 163A.105 who was found GEI of a crime described in ORS 163.355 to 163.427 and whose initial obligation to register occurred between January 1, 2014 and August 12, 2015, the PSRB will consult and assist BOPPPS to ensure the risk assessment—using the risk assessment methodology under 859-400-0010—is completed as soon as practicable. (3) For a person described in ORS 163A.105 who was found GEI of a crime described in ORS 163.355 to 163.427 and whose initial obligation to register occurred prior to January 1, 2014, the PSRB will consult and assist BOPPPS to ensure the risk assessment of the person utilizing the risk assessment methodology in 859-400-0010 is completed as soon as practicable. Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549) History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0025 Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment (1) If the PSRB cannot complete the risk assessment using its written exhibit file, it may request in writing that the registrant provide additional information to aid in the completion of the assessment. (2) The PSRB will use the registrant’s current address located in the Oregon State Police Sex Offender Registry or PSRB’s records—if the registrant is under the PSRB’s jurisdiction—to communicate with the registrant when seeking additional information. (3) Failure to participate in the assessment or respond to PSRB’s request for information may cause the registrant to be classified at a higher level if the PSRB cannot confirm the information through another source or if the missing information is critical to determining a final score. History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0040 Releasing Information to the Public and Law Enforcement (1) The PSRB will review all requests for information concerning a specific sex offender or sex offenders who reside in a specific area on a case by case basis to determine what, if any, information is in the public interest to release. (2) The PSRB has the authority to release any information to law enforcement and the public it deems necessary to protect the public in accordance with ORS 161.835. The Board will release information on a case by case basis and release the minimum information necessary to achieve the goal of reasonable public safety. (3) When the PSRB discharges a registrant who has been determined to be at a Level III, the Board will notify the Department of State Police and request that if the person was not already on the public website maintained by the department, that they be added in accordance with ORS 163A.215(3). (4) When the PSRB discharges any level registrant, the Board or its designee will evaluate whether notification of those listed in ORS 163A.215(2)(b) is appropriate. This may include requesting that a registrant be included on the public website regardless of their classification level. Statutory/Other Authority: ORS 161.387(1) & 163A.215 Statutes/Other Implemented: ORS 163A.215 History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0045 Requests for Reclassification/Relief (1) Beginning on December 1, 2018, registrants who meet certain criteria may petition the PSRB to reclassify them to a lower classification level and/or request relief from the obligation to report as a sex offender as provided in ORS 163A.125. (2) The PSRB will develop administrative rules in preparation for implementation of a reclassification and relief program no later than October 1, 2018. Statutory/Other Authority: ORS 161.387(1) & 163A.010 - 163A.025 & 163A.035 - 163A.125 Statutes/Other Implemented: ORS 163A.125 History: PSRB 4-2016, f. & cert. ef. 3-17-16 PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16
859-400-0060 Time Frame An individual may file a petition for relief with the Board according to time frames outlined in ORS 163A.125. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0070 Timing of Relief Hearing (1) Within forty-five (45) days following receipt of a completed Petition for Relief and all required supporting documents, Board staff will schedule a relief hearing. The Sex Offender Relief Panel shall conduct the relief hearing on the petition within a reasonable time. (2) The Board will schedule relief hearings at least one day per month unless the Panel determines that there is not sufficient business before the Panel to warrant a hearing on the scheduled day. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0080 Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition (1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time: (a) Attorney representing the petitioner, if any; (b) The Attorney General’s Office; (c) If the petitioner was convicted or found Guilty Except for Insanity, and: (i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner’s sex crime was adjudicated; or (ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides. (d) The victim of the petitioner’s sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification; (e) The sheriff of the county in which petitioner resides; (f) The chief of police where petitioner resides, if applicable; and (g) Any other person requesting notification. (2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony. (3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal. (4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0090 Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score (1) The issue at any sex offender relief hearing shall be whether the petitioner has demonstrated by clear and convincing evidence that he or she is statistically unlikely to reoffend, and does not pose a threat to public safety. (2) Petitions asserting other grounds for relief, including, but not limited to, errors in the scoring tool or by those who conducted the initial sex offender classification review, shall not be heard by the Sex Offender Relief Panel. Review challenges may only be taken as set forth in section 31, chapter 442, Oregon Laws 2017 (4)(a). Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0100 Quorum and Decisions of Sex Offender Relief Panel (1) The presence of at least three Adult Panel members of the PSRB constitutes a quorum. Any three members of the Board's Adult Panel may make up the Sex Offender Relief Panel. Three concurring votes (affirmative or negative) are required to make a Panel decision. When three members cannot agree during deliberationsabout a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits shall be reviewed by the remaining Panel member(s), and a decision by the majority of the Panel members will be the finding and order of the Panel. (2) At the outset of each relief hearing, the Panel members shall select one member to be the presiding officer of the relief hearing. The relief hearing shall be conducted by and under the control of the presiding officer. The presiding officer shall designate the order of presentation and questioning, determine the scope of questioning, and may set time limits and terminate irrelevant questions and irrelevant or unresponsive answers. The presiding officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts. The presiding officer also may limit repetitious and cumulative evidence. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0110 Public Meetings Law (1) All sex offender relief hearings shall be open to the public in accordance with the Public Meetings Law. (2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PSRB employees or staff. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0120 Records (1) A record shall be kept of all sex offender relief hearings. The hearing officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for proper consideration of all issues before the presiding officer in the case and the correct application of the law to those facts. (2) All sex offender relief hearings, except Panel deliberations, shall be recorded by manual or electronic means which can be transcribed. No other record of Panel relief hearings shall be made. All documents considered at relief hearings shall be included as exhibits and kept as part of the record: (a) An electronic recording capable of being transcribed shall be kept by the Board for a minimum period of two years from the relief hearing date; (b) The sex offender relief hearings shall be transcribed from the recording when an appeal is filed. Once transcribed, the transcript may be substituted for the original record; (c) Any material to which an objection is sustained shall not be considered by the Panel. All objections and all rulings of the Sex Offender Relief Panel on objections and motions shall be noted on the record; and (d) The electronic recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0130 Confidentiality The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any records that are made confidential under either state or federal law, including but not limited to: medical records; drug and alcohol records; and criminal history information records. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0140 Evidence Considered; Admissibility The Panel shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following: (1) All materials or witness testimony submitted by petitioner, including materials or testimony regarding petitioner’s reputation. All witness names must be submitted to the Board at least 10 days prior to the hearing. (2) Information submitted by the district attorney or other interested persons, including victims, or elicited by the Panel in the course of hearing. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0150 Motion Practice Any party bringing a motion before the Panel shall submit five copies of the motion and memorandum of law to the Panel at least 10 days prior to the date of the hearing in which the motion will be heard. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0160 Independent Examination of Petitioner (1) The PSRB may require that the petitioner undergo an independent psychosexual assessment in addition to any submitted by petitioner. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of the petitioner’s risk of recidivism, and shall discuss any efforts on the petitioner's part to engage in rehabilitative treatment. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief. (2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. If granted, the party requesting the assessment shall bear its costs. (a) The attorney for the state or county shall file a written notice of intent to request an assessment within 10 days from receipt of the petition for relief. The notice shall be served on the Board and the petitioner. (b) The examination shall include an opinion, and a basis for that opinion, as to whether the petitioner is statistically unlikely to reoffend, and whether the petitioner poses a threat to the safety of the public were the Panel to grant relief. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0170 Objections to Evidence The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, not relevant, or not reliable. (1) In determining whether the evidence is material, relevant, or reliable, the presiding officer shall consider the following: (a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; (b) The age and source of the documents; (c) The ability of the witness to have observed and had personal knowledge of the incidents; and (d) The credibility of the witness and whether the witness has bias or interest in the matter. (2) Hearsay evidence shall be admissible unless the presiding officer determines that the hearsay evidence is not reliable based upon the quantity and quality of supporting and opposing evidence and on the entire circumstantial setting in which the hearsay evidence is offered. In determining the admissibility of hearsay evidence, the presiding officer shall consider the following factors, including, but not limited to: (a) The alternative to relying on the hearsay evidence; (b) The importance to the outcome of the proceeding of the facts sought to be proved by the hearsay statements; (c) The economy and necessity to the proceeding in using the hearsay evidence; (d) The ability of the party to cross-examine the particular hearsay statements or evidence; and (e) The consequences to either the party or the Panel of admitting the hearsay evidence. (3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner: (a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable; (b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or (c) To grant a continuance for a period not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0180 Witnesses and Documents; Subpoena (1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion. (2) A party may request the Board issue a subpoena upon a proper showing of the general relevance and reasonable scope of the documentary, physical, or witness evidence sought. The party requesting that a subpoena be issued by the Board shall be responsible for all costs associated with witness fees and service of the subpoena. (3) Upon failure of any person, agency or facility to comply with a subpoena issued by the Board, the petitioner, counsel, the Board, or its designated representative may apply to the judge of a circuit court of any county to compel compliance with the subpoena. Statutory/Other Authority: ORS 183.445, ORS 161.395, ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0190 Testimony Given on Oath The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing. Statutory/Other Authority: ORS 161.387(1) Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018