Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0035 - Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These procedures apply to registrants for
			 whom the Static-99R is not an appropriate assessment methodology as outlined in
			 OAR 859-400-0010.
(2) With the
			 cooperation of the Oregon State Hospital and community mental health agencies,
			 the PSRB will identify young male registrants, female registrants, and Category
			 B registrants found guilty except for insanity. This may include discharged
			 PSRB clients.
(3) The Board will
			 notify young male registrants, female registrants, and Category B registrants
			 of the registrant's obligation to participate in the assessment and evaluation
			 processes, the registrant's option to request a review of the assessment and
			 evaluation, and the Board's final review of the review and evaluation
			 report.
(4) Subject to the risk
			 assessment methodology set forth in these administrative rules, the Board will
			 classify young male registrants, female registrants, and Category B registrants
			 based on the LS/CMI and findings from an independent sexual offense-specific
			 evaluation performed by a qualified licensed provider to conduct sexual offense
			 risk assessments. The independent evaluator will provide the Board with a
			 written report stating the recommended sex offender classification and
			 notification level, and will provide information regarding the registrant's
			 risk for sexual re-offense. The evaluator should weigh the LS/CMI score when
			 recommending a sex offender classification and notification level based on the
			 sexual offense-specific evaluation.
(5) The Board will provide the registrant
			 with a copy of the completed LS/CMI assessment, the independent sexual
			 offense-specific evaluation report, the Notice of Rights form and the Written
			 Objections form.
(6) Following
			 notification in subsection (5), the following timelines apply for a registrant
			 to waive objections:
(a) If the registrant's
			 obligation to register occurred on or after January 1, 2014 and the registrant
			 waives the right to submit written objections to the LS/CMI score and
			 evaluation report, the registrant will forward the Notice of Rights form
			 indicating the registrant's waiver to the Board within 20 (twenty) calendar
			 business days after the mailing date on the Notice of Rights.
(b) If the registrant's obligation to
			 register occurred before January 1, 2014 and the registrant waives the right to
			 submit Written Objections to the LS/CMI score and evaluation report, the
			 registrant will forward the Notice of Rights form indicating the registrant's
			 waiver to the Board within 60 (sixty) calendar days after the mailing date on
			 the Notice of Rights.
(c) The PSRB
			 will review the submission by the registrant and determine a final
			 classification.
(d) The PSRB will
			 notify the Department of State Police of the results of the risk assessment and
			 final classification within three business days after the final classification.