Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Adult male
			 registrant" means a male who was convicted of a sex crime and required to
			 register as a sex offender or who was found guilty except for insanity of a sex
			 crime and required to register as a sex offender, and was at least 18 years of
			 age when he committed the offense.
(2) "BOPPPS" means the Oregon Board of Parole
			 and Post-Prison Supervision.
(3)
			 "Category B registrant" means a person of any sex or any age at the time of
			 crime commission who is required to register as a sex offender based only on a
			 conviction for a Category B sex crime.
(4) "Category B sex crime" means any type of
			 criminal offense within the scope of "Category B offenses" listed in the
			 Static-99 Coding Rules (Revised 2003). These include: consensual sex with other
			 adults in public places, crimes relating to child pornography, indecent
			 behavior without a sexual motive (urinating in public), offering prostitution
			 services, pimping/pandering, seeking/hiring prostitutes and solicitation of a
			 prostitute.
(5) "Conditional
			 Release" means an individual found GEI is under supervision of the PSRB living
			 in the community under a Conditional Release order.
(6) "Discharged" means an individual found
			 GEI is no longer under the supervision of the PSRB.
(7) "Female registrant" means a female who
			 was convicted of a sex crime and required to register as a sex offender or who
			 was found guilty except for insanity of a sex crime and required to register as
			 a sex offender, regardless of her age when she committed the offense.
(8) "Review Officer" means a person
			 designated by the Board to consider objections to a registrant's risk
			 assessment score and forward those recommendations to the Board.
(9) "OHA" means the Oregon Health
			 Authority.
(10) "Party" includes
			 the Department of Justice, petitioner, and district attorney from the county
			 where the sex offense most recently giving rise to the obligation to report as
			 a sex offender was adjudicated.
(11) "Person Class A misdemeanor" has the
			 meaning assigned to it under OAR 213-003-0001(15)
(12) "Person felony" has the meaning assigned
			 to it under OAR 213-003-0001(14).
(13) "Petitioner" refers to any person who
			 petitions for relief either from the obligation to register as a sex offender,
			 or for reclassification to a lower classification level under ORS
			 163A.125(1)(b),
			 (2)(b) or (2)(d).
(14) "PSRB" or "Board" means the Psychiatric
			 Security Review Board, including the members of both the Adult and Juvenile
			 Panels.
(15) "Public Interest" is
			 the interest in protecting society from harm and protecting an individual from
			 self-harm. "Public interest" also includes reducing the impact of crime on
			 victims' lives. "Public interest" does not include generalized fear of crime or
			 fear of people with mental illness.
(16) "Registrant" means a person for whom the
			 event triggering the obligation to make an initial report under ORS
			 163A.010(3)(a)(A),
			 163A.015(4)(a)(A),
			 163A.020(1)(a)(A),
			 2(a)(A) or (3)(a)(A) has occurred.
(17) "Relief Hearing" is a hearing for
			 petitioners who request relief under ORS
			 163A.125 either from the obligation to register as a sex offender under ORS
			 163A.125(1)(b),
			 or for reclassification to a lower classification level under ORS
			 163A.125(2)(b)
			 or (2)(d).
(18) "Sex crime" has the definition contained
			 in ORS
			 163A.005(5).
(19) "Sex Offender Relief Panel" or "Panel."
			 Three members from the Board's Adult Panel, which hears and considers petitions
			 for relief either from the obligation to register as a sex offender, or for
			 reclassification to a lower classification level under ORS
			 163A.125(1)(b),
			 (2)(b) or (2)(d).
(20) "Victim" is the person or persons who
			 has suffered financial, social, psychological or physical harm as a result of
			 an offense and includes, in the case of a homicide or abuse of corpse in any
			 degree, a member of the immediate family of the decedent and, in the case of a
			 minor victim, the legal guardian of the minor. In no event shall the petitioner
			 be considered a victim.
(21) "Young
			 male registrant" means an offender who was convicted of a sex crime and
			 required to register as a sex offender or who was found guilty except for
			 insanity of a sex crime and required to register as a sex offender, and who was
			 17 years of age or younger when he committed the offense. "Young male
			 registrant" does not mean a person solely found responsible except for insanity
			 as a youth.
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: 2013 OL, Ch. 708 (HB 2549), ORS
				  163A.010  - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030 & 163A.200 -
				  210