justicedao/ipfs_state_laws huggingface dataset:
255-085-0061 Classification and Final Decision (1) The classifying agency will apply the results of a risk assessment or review by reviewing the documents relied upon for the assessment, and any relevant documents from a review, and will place the person into a notification level. (2) Following a Board decision, the Board shall send notice of the Board's order to the registrant and any Board registered victims. (3) The classifying agency shall send notice to the Department of State Police of the registrant’s notification level. Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, ORS 144.050 & ORS 144.140 Statutes/Other Implemented: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws (2015), SB 767 (2017) & HB 2320 (2015) History: PAR 5-2022, amend filed 08/16/2022, effective 08/16/2022 PAR 6-2017, adopt filed 12/20/2017, effective 12/20/2017
255-087-0005 Purpose and Authority (1) Under Oregon Revised Statutes 163A.125, the Legislative Assembly provided that persons who are required to register as sex offenders may be relieved of that obligation or may be reclassified to a lower notification level. A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 and who is classified as a level one sex offender under ORS 163A.100(1) may petition the Board of Parole and Post-Prison Supervision (Board) to relieve the person from the obligation to report as a sex offender. A person who is required to report as a sex offender and who is classified as a level two sex offender under ORS 163A.100(2) may petition the Board to reclassify the person as a level one sex offender under ORS 163A.100(1); and a person who is required to report as a sex offender and who is classified as a level three sex offender under ORS 163A.100(3) may petition the Board to reclassify the person as a level two sex offender under ORS 163A.100(2). (2) The Board is statutorily required to adopt rules to carry out the provisions of section 163A.125. These rules describe the processes that the Board will follow when it conducts hearings, notifies registrants of the results, and reviews objections. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0010 Definitions The following definitions apply to this Division: (1) “Board registered victim” means a victim of the registrant, as defined in OAR 255-005-0005, who is registered with the Board. (2) “Hearing packet” means information relevant to the purpose of the hearing, which may include: sexual offense history; criminal history; risk scoring sheet; notice of rights; Presentence Investigation (PSI), Post-sentence Investigation Report (PSR), Parole Analyst Report (PAR), or report of similar content; sentencing/judgment orders; Department of Corrections Inmate Face sheet; other relevant material selected at the Board's discretion. (3) “Reclassification” means the lowering of a registrant’s notification level from level three to level two, or from level two to level one, and the process that the Board uses to make those determinations. (4) “Registrant” means a person convicted of a sex crime and required to register as a sex offender or found guilty except for insanity of a sex crime and required to register as a sex offender under ORS Chapter 163A. (5) “Relief from registration” and “relief from reporting” mean the registrant’s obligation to report as a sex offender in Oregon is terminated. A person who has relief from registration does not have to register as a sex offender in Oregon. Additional definitions are found in Oregon Administrative Rules 255-005-0005 and 255-085-0010. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0020 Determination of Eligibility for Relief from Sex Offender Reporting Not every registrant is eligible for relief from the obligation to register. The Board will determine eligibility before reviewing a petition for relief. (1) Forms – Registrants requesting eligibility to petition shall use forms provided by the Board. (2) Verification of eligibility – The Board will determine eligibility using the criteria in subsection (3) below. (3) Eligibility Criteria (a) Qualifications - Registrants who are classified as a level one sex offender and who live, work or go to school in Oregon, may petition the Board for relief from registration. (A) Five years after the date supervision for the sex crime is terminated or, if the person was not subject to supervision for the sex crime, five years after the date the person was discharged from the jurisdiction of the court. (B) Five years after date of re-classification from a level two sex offender to a level one sex offender. (b) Disqualifications – A registrant is not eligible for relief from reporting if the registrant: (A) Was convicted of any of the crimes in ORS 163A.115: Rape in the first degree; Sodomy in the first degree; Unlawful sexual penetration in the first degree; Kidnapping in the first degree as described in ORS 163.235(1)(e) or when the victim is under 18 years of age; or Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005(5)(a) to (w); or equivalent crime in another state or jurisdiction. (B) Was classified as a level three sex offender based on the registrant’s designation as a Predatory Sex Offender between February 10, 2005 and December 31, 2013. (C) Was designated as a Sexually Violent Dangerous Offender (SVDO) under ORS 137.765. (D) After being convicted of a sex crime that required registration, was found guilty of a subsequent person felony or Class A person misdemeanor under ORS 163A.125. (E) Was initially classified by the Psychiatric Security Review Board (PSRB). (Registrants classified by the PSRB should refer to the PSRB for more information.) Page 3 of 8 (F) Has a sex crime conviction in a jurisdiction other than Oregon and the jurisdiction where the person was convicted would not permit a petition for relief from reporting as a sex offender. (4) Decision – Once the Board determines that the registrant is eligible for relief, the Board will review the registrant’s relief petition. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0030 Petitions for Relief (1) Forms - Petitions must be submitted on forms provided by the Board. That restriction does not apply to additional documentation necessary to support the petition, as described below. (2) Submitting Materials (a) Petitions must be complete when submitted. Incomplete petitions may be returned and may be denied. Materials must be legible and able to be copied. (b) Petitions and accompanying documents shall be submitted to the Board by email, mail or via the Board’s website. (3) Required Information – The registrant shall provide as much information as possible to address the following criteria: (a) The nature of and degree of violence involved in the offense that requires reporting; (b) The age and number of victims of the offense that requires reporting; (c) The age of the registrant at the time of the offense that requires reporting; (d) The length of time since the offense that requires reporting and the time period during which the registrant has not reoffended; (e) The registrant’s performance on supervision for the offense that requires reporting; (f) Whether the registrant has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs; (g) The registrant’s stability in employment and housing; (h) The registrant’s community and personal support system; (i) Other criminal and relevant noncriminal behavior of the registrant both before and after the offense that requires reporting; and (j) Any other relevant factors. (4) Accompanying Documents (a) Petitioners should include: (A) Supporting documents to all claims in the petition including: sexual offense history, criminal history, victim information, treatment records, employment verification, housing verification, community and personal support verification; (B) Records from out of Oregon criminal activity including, but not limited to: police reports; judgment orders; disposition orders; (C) Relevant records from supervision. (b) For any missing or incomplete documents, petitioners shall provide the following information: (A) The contents of the missing or incomplete documents; (B) The entity that created the documents and where the documents may currently be located; and (C) Actions that have been taken to locate the documents. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0040 Scheduling Hearings for Relief from Registration (1) After a determination of eligibility and upon receipt of a petition, the Board may complete a review and reassessment of the registrant’s sex offender notification level utilizing the Board’s risk assessment methodology. This reassessment will verify the information and determine the registrant’s sex offender notification level. (2) If the review changes the registrant’s classification level, and also reveals new information that was not available at the time that the registrant was provided the opportunity to make objections, notification will be made under 255-085-0030(4) and registrant may object as provided in that rule. Under this section, objections are limited to the new information provided in this notification. (3) If the Board determines that the registrant is a level one sex offender, the Board will schedule a hearing. (4) The Board will provide the registrant, Board registered victims, and the district attorney with notice and a hearing packet at least 30 days before the hearing. This notice period can be waived. (5) A request for rescheduling a hearing must be made at least 30 days before the hearing. The Board has the discretion to grant or deny a request for rescheduling. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2020, amend filed 09/02/2020, effective 09/02/2020 PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0050 Determination of Eligibility for Reclassification of Sex Offender Notification Level Not every registrant is eligible for reclassification. The Board will determine eligibility before reviewing a petition for reclassification. (1) Forms – Registrants requesting eligibility to petition shall use forms provided by the Board. (2) Verification of eligibility – The Board will determine eligibility using the criteria in subsection (3) below. (3) Eligibility Criteria (a) Qualifications - Registrants who are classified a level three sex offender or level two sex offender and who live, work or go to school in Oregon, may petition the Board for reclassification: (A) Ten years after the date supervision for the sex crime is terminated; or, (B) if the person was not subject to supervision for the sex crime, ten years after the date the person was discharged from the jurisdiction of the court as provided in 163A.125(2)(e). (b) Disqualifications– A registrant is not eligible for reclassification if the registrant: (A) Was designated as a Sexually Violent Dangerous Offender (SVDO) under ORS 137.765. (B) After being convicted of a sex crime that required registration, was found guilty of a subsequent person felony or Class A person misdemeanor as provided in ORS 163A.125. (C) Was initially classified by the Psychiatric Security Review Board (PSRB). (Registrants classified by the PSRB should refer to the PSRB for more information.) (D) Previously was given a reclassification from level 3 sex offender to level 2 sex offender as provided in ORS 163A.125. (4) Decision - Once the Board determines that the registrant is eligible for reclassification, the Board will review the registrant’s petition for reclassification. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0060 Petitions for Reclassification (1) Forms (a) Petitions must be submitted on forms provided by the Board. That restriction does not apply to additional documentation necessary to support the petition, as described below. (b) Upon receipt of any qualifying petition, the Board will conduct a review of the sex offender notification level. (2) Submitting Petitions (a) Petitions must be complete when submitted. Incomplete petitions may be returned and the petition may be denied. Materials must be legible and able to be copied. (b) Petitions and accompanying documents shall be submitted to the Board by email or mail. (3) Required Information – The registrant shall provide as much information as possible to address the following criteria: (a) The nature of and degree of violence involved in the offense that requires reporting; (b) The age and number of victims of the offense that requires reporting; (c) The age of the registrant at the time of the offense that requires reporting; (d) The length of time since the offense that requires reporting and the time period during which the registrant has not reoffended; (e) The registrant’s performance on supervision for the offense that requires reporting; (f) Whether the registrant has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs; (g) The registrant’s stability in employment and housing; (h) The registrant’s community and personal support system; (i) Other criminal and relevant noncriminal behavior of the registrant both before and after the offense that requires reporting; (j) The results of any previous reviews for reclassification under OAR 255-087-0060; and (k) Any other relevant factors. (4) Accompanying Documents (a) Petitioners should include: (A) Documents supporting claims in the petition including: sexual offense history, criminal history, victim information, treatment records, employment verification, housing verification, community and personal support verification; (B) Records from out of Oregon criminal activity including: police reports; judgment orders; disposition orders; (C) Relevant records from supervision. (b) For any missing or incomplete documents, petitioners shall provide the following information: (A) The contents of the missing or incomplete documents; (B) The entity that created the documents and where the documents may currently be located; and (C) Actions have been taken to locate the documents. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0070 Scheduling Hearings for Reclassification (1) After determination of eligibility and upon receipt of a petition, the Board will complete a reassessment of the registrant’s sex offender notification level utilizing the Board’s risk assessment methodology. The Board may schedule a hearing if the risk assessment shows the registrant as presenting a low risk of reoffending, and the registrant is classified as a level three or level two sex offender; or the risk assessment shows the registrant as presenting a moderate risk of reoffending and the registrant is classified as a level three sex offender. (2) The Board will provide the registrant, Board registered victims, and the district attorney with notice and a hearing packet at least 30 days before the hearing. This notice period can be waived. (3) A request for rescheduling a hearing must be made at least 30 days before the hearing. The Board has the discretion to grant or deny a request for rescheduling. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0080 Hearing Procedures for Relief and Reclassification Hearing Procedures (1) At the Board’s discretion, the Board may conduct any hearing in person, by teleconference call, by videoconference, or by any other electronic medium that ensures the registrant, the panel, and other participants the opportunity to hear and be heard. The registrant shall be present in person, by telephone or videoconference, or by any other electronic medium. The registrant must indicate how they will appear and if the registrant has witnesses, how the witnesses will appear. If a registrant refuses or fails to appear at a hearing, the refusal will be considered to be the registrant’s waiver of appearance and the petition will be denied. (2) Hearings may be conducted by a panel of one or more Hearings Officers and Board Members at the Board’s discretion. The panel may make the final decision. If the panel is more than two members, the final decision shall be made by a majority of all panel members. In the case of a tie, an additional Board Member may vote administratively after reviewing the material from the hearing. (3) The Board will allow at the hearing, evidence of a type that reasonably prudent persons would commonly rely upon in the conduct of serious affairs. The Board may exclude evidence if it is irrelevant or immaterial to the decision to be made at the hearing or is unduly repetitious. At its discretion, the Board may consider relevant material and additional written information and recommendations from those with a special interest in the case. The Board must receive any information submitted pursuant to this section at least 14 days prior to the hearing. The Board may waive the 14 day requirement. (4) Conduct of Hearing - The hearing shall be conducted by and under control of the Chair or designated representative. The Board may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter. The Board may eject any disruptive person from a hearing. The Board may require all persons to leave the designated hearing area during deliberations. (5) If during the hearing the Chair or designated representative determines that more time or information is needed, the Board may decide whether to continue the hearing at another time. (6) Explicit instructions for the hearing, including answers to frequently asked questions, can be found on the Board website at http://www.oregon.gov/BOPPPS/. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-087-0090 Final Decisions on Relief and Reclassification (1) The Board will make a final decision by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing and all timely submitted relevant materials. (2) The Board shall enter an order relieving the person of the obligation to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 if the board determines, by clear and convincing evidence, that the registrant: is statistically unlikely to reoffend; and does not pose a threat to the safety of the public. (3) The Board shall enter an order reclassifying a registrant from a level three sex offender to a level two sex offender, or from a level two sex offender to a level one sex offender, if the Board determines, in addition to the registrant’s lower risk of reoffending, that a lower level of notification is sufficient to protect public safety. (4) Following the Board’s decision, the Board shall send notice of the Board's final order to the registrant and board registered victims. (5) If the petition is denied, the registrant may re-apply for eligibility to petition under OAR 255-087 after 36 months from the date of denial. (6) If relief or reclassification is ordered, the Board will notify the Oregon Department of State Police of the final order. Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005 Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125 History: PAR 7-2018, adopt filed 11/19/2018, effective 12/01/2018
255-094-0002 Definitions Releasing Authority means: (1) The Board or its designee for: (a) Any felony offender who received a sentence of more than twelve (12) months in the custody of the Department of Corrections; or (b) Any felony offender who received a sentence of twelve (12) months or less but who also has an additional sentence(s) of greater than twelve (12) months. (A) If an offender is on post-prison supervision for multiple sentences which include a sentence that exceeds twelve (12) months ("Board case") and sentence of twelve (12)-months or less ("Local Supervisory Authority case"), the Board will maintain jurisdiction of the post-prison supervision of the Local Supervisory Authority case until the Board's active involvement in the Board case(s) expires. Following expiration of the Board's case(s), the Board will maintain jurisdiction over the post-prison supervision of the Local Supervisory Authority case(s) until an offender is re-released following revocation of the post-prison supervision for the Local Supervisory Authority case(s), or until the Local Supervisory Authority petitions to assume jurisdiction, whichever comes first. Jurisdiction will fall under the Local Supervisory Authority at that point. (B) If the Board issued the order of post-prison supervision for an offender whose only sentence was twelve (12) months or less, jurisdiction will remain with the Board until petition by the Supervisory Authority to assume jurisdiction or upon re-release following revocation of the post-prison supervision for that sentence; whichever comes first. (2) The Local Supervisory Authority or its designee for any felony offender whose crime was committed after November 1, 1989, was sentenced by the court to twelve (12) months or less, and who does not have an additional sentence of more than twelve (12) months for a felony. Statutory/Other Authority: ORS 144.085, 1995 SB 1145, 1999 OL 163 & 924 Statutes/Other Implemented: ORS 144.085 History: PAR 2-2010, f. & cert. ef. 2-26-10