reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0080 - Hearing Procedures for Relief and Reclassification

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0090 - Final Decisions on Relief and Reclassification

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0006 - Period of Active Parole or Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The minimum periods of active parole and post-prison
				supervision shall be:
(a)  Six (6) months for offenders whose crimes were committed on
				or after November 1, 1989, and whose crimes fall within sentencing guidelines
				crime categories 1, 2 and 3;
(b)  Twelve (12) months for offenders whose crimes were
				committed on or after November 1, 1989, and whose crimes fall within sentencing
				guidelines crime categories 4, 5, 6, 7, 8, 9 and 10;
(c)  For offenders whose crimes were committed after December 4,
				1986, but prior to November 1, 1989, the period of active supervision shall be
				set by determining the equivalent sentencing guidelines crime category and
				applying sub-section (a) and (b) above, subject to the exceptions in section
				(2) below;
(d)  For offenders whose crimes were committed prior to December
				4, 1986, the Releasing Authority shall apply the rules in effect at the time
				the crime was committed.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0010 - Exceptions to Inactive Supervision and Return to Active Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No sooner than
			 thirty days prior to the expiration of the offender's active period of supervised
			 parole or post-prison supervision or during a period of inactive supervision, the
			 supervising officer or designee may send to the Releasing Authority a report on
			 offenders who have not substantially fulfilled the supervision conditions, or who
			 have failed to complete payment of restitution. The supervising officer or designee
			 may request continuation on active supervision, or return to active supervision if
			 it is in the community's or the offender's best interest. This report shall include:
(a) An evaluation of the offender's compliance
			 with supervision conditions;
(b) The
			 status of the offender's court ordered monetary obligations, including fines and
			 restitution, if any;
(c) The offender's
			 employment status;
(d) The offender's
			 address;
(e) Treatment program
			 outcome;
(f) Any new criminal
			 activity;
(g) Other relevant
			 information;
(h) A recommendation that
			 the Releasing Authority extend the active supervision period or return the offender
			 to active supervision.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0015 - Return to Active Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 offender is subject to arrest for violations of conditions of supervision while on
			 either active or inactive supervision.
(2) The Releasing Authority may return an offender
			 to active supervision for the remainder of the supervision period set by the
			 sentencing court or set by law when the Releasing Authority receives a report from
			 the supervising agency showing good cause why the inactive status is no longer in
			 the offender's best interest or the best interest or safety of the
			 community.
(3) If the supervising agency
			 has good cause to return an offender to active supervision, and the whereabouts of
			 the offender are unknown, the supervising agency may request a warrant from the
			 Releasing Authority.
(4) When an
			 offender is returned to active supervision status, all general conditions plus all
			 previously imposed special conditions shall be in effect.
Stat. Auth.: ORS
				  144.085 & SB 1145, OL 1995
Stats. Implemented: ORS
				  144.085 & SB 1145, OL
				  1995
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0020 - Sentence Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During
			 the pendency of violation proceedings, the running of the supervision period both
			 active and inactive, the sentence is stayed, and the Releasing Authority retains
			 jurisdiction over the offender until the proceedings are resolved. The Releasing
			 Authority may grant credit toward the sentence for time the offender serves
			 incarcerated pending the violation proceedings.
(2) These rules shall not preclude more than one
			 extension or renewal of active parole or post-prison supervision, however an
			 extension or renewal period may not exceed the maximum sentence.
(3) After expiration of the sentence of an
			 offender on parole or post-prison supervision, the Releasing Authority shall send
			 written notice of the expiration to the offender and the supervisory
			 authority.
(4) For offenders sentenced
			 as sexually violent dangerous offenders pursuant to Chapter 163 (1999 OR Laws) for
			 crimes committed on or after October 23, 1999, upon receipt of a court order
			 resentencing the offender and terminating post-prison supervision, the Releasing
			 Authority shall send written notice of the termination of post-prison supervision to
			 the offender and supervisory authority.
Stat. Auth.: ORS
				  144.085, 1995 SB 1145 & 1999 OL
				  163
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION › Section 255-094-0030 - Early Medical Discharge from Parole and Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose and Authority
(a) HB 2036 (2021) was enacted because the
			 legislature recognized a need for early medical discharge since, in some cases,
			 supervision can affect a person's ability to receive appropriate medical care. This
			 does not include persons in need of medical treatment related to temporary medical
			 care.
(b) Under HB 2036, Chapter 203,
			 (2021 Laws), the Legislative Assembly provided that the Board of Parole and
			 Post-Prison Supervision may discharge a person from parole or post-prison
			 supervision prior to the end of the supervision term if the person is permanently
			 incapacitated and has a condition that requires constant medical care, requires
			 admission to a care facility, and discharge is compatible with the best interests of
			 the person and the community. Some care or housing facilities will not accept
			 persons who are under supervision.
(c)
			 The Board is statutorily required to adopt rules to carry out the provisions of HB
			 2036, Chapter 203, (2021 Laws).
(d)
			 Definitions of terms for this Division can be found in Oregon Administrative Rule
			 255-005-0005.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 1 - PROCEDURAL RULES › Section 257-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				Department of State Police shall give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 15 days prior
			 to the effective date.
(2) By
			 mailing a copy of the Notice to persons on the Department's mailing list
			 established pursuant to ORS
			 183.335(6).
(3) By mailing a copy of the Notice to the
			 following persons, organizations, or publications:
(a) United Press International and Associated
			 Press;
(b) Oregon Association of
			 Chiefs of Police;
(c) Oregon State
			 Sheriffs' Association;
(d) Oregon
			 Police Officers' Association;
(e)
			 Oregon District Attorneys' Association;
(f) Oregon Circuit Judges'
			 Association;
(g) Oregon District
			 Judges' Association;
(h) Oregon Law
			 Enforcement Council;
(i) Oregon
			 Newspaper Publishers' Association;
(j) American Civil Liberties Union;
(k) Law Enforcement Data System Advisory
			 Board;
(l) Board on Public Safety
			 Standards and Training.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 1 - PROCEDURAL RULES › Section 257-001-0005 - Model Rules of Practice and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 257-001-0020, 257-001-025 and
				257-045-0010  to 257-045-0050  with respect to the rules for impoundment hearings
				under ORS 806.016 and hearings for
				vehicles taken into custody and towed under ORS
				819.110 or
				819.120, the Model Rules of
				Procedure as promulgated by the Attorney General of the State of Oregon under
				the Administrative Procedure Act effective January 1, 2010, are adopted as the
				Rules of Procedure of the Department of State Police and shall be controlling
				except as otherwise required by statute or rule.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Oregon State
				  Police.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 181,
				  181.040,
				  181.280, 183, 806,
				  806.014,
				  806.016 & 814, OL 2009, ch.
				  371 (HB 2739)
Stats. Implemented: ORS
				  183.341(4), OL
				  2009, ch. 371 (HB 2739)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 1 - PROCEDURAL RULES › Section 257-001-0015 - Requiring Reporting of Precursor Transactions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When contacted by a person that desires
			 to purchase precursor substances, the transferer (seller/supplier) is required
			 to complete Oregon State Police Form 310-1. The completion of this form
			 requires the purchaser/receiver to contact the transferer in person and provide
			 valid, state-issued photo identification. The identification may be in the form
			 of a driver's license or state identification card. Upon completion of OSP Form
			 310-1, the original must be forwarded to the Oregon State Police Precursor
			 Substance Unit. After receipt of the form, the Precursor Substance Unit will
			 issue that transaction an authorization number and notify the transferer of
			 that number by telephone. The transferer will note on the remaining copies the
			 number, date, and time of receiving the authorization. The 72-hour statutory
			 waiting period prior to delivery of the precursor substance(s) will commence at
			 the time of receipt by the Oregon State Police Precursor Substance Unit of the
			 transferer's notification.
(2)
			 After the appropriate waiting period has elapsed and the receiver contacts the
			 transferer to take possession of the precursor substance(s), the receiver will
			 be provided a copy of OSP Form 310-1 by the Oregon State Police.
(3) The Precursor Substance Monthly
			 Transaction Report, OSP Form 310-2, will be used only upon approval by the
			 Oregon State Police Precursor Substance Unit. Use of this form shall apply only
			 when a patter or regular supply, for lawful purposes, of the precursor
			 substances has been established. The request for its use must be made in
			 writing by the purchaser and shall include the business name, address, intended
			 use of the precursor substances, and location(s) where the precursor substances
			 are to be used.
(4) Any
			 person/business in possession of precursor substances who discovers the loss,
			 theft, or discrepancy of any amount of precursor substances must complete and
			 submit OSP Form 310-3 to the Oregon State Police Precursor Substance Unit
			 within three days. These forms shall be provided by the Oregon State Police
			 upon request.
(5) OSP Forms 310-1,
			 310-2, and 310-3 are hereby adopted and incorporated into this rule.
The Forms referenced in this rule are not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  475.945
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 1 - PROCEDURAL RULES › Section 257-001-0020 - Notices and Requests for Hearings Under ORS 806.016

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "person entitled to lawful possession"
			 of a vehicle means the owner as defined in ORS
			 801.375 or a security interest
			 holder. A person not listed as the owner or security interest hold on the
			 records of the Driver and Motor Vehicle Services Branch (DMV) shall have the
			 burden of establishing right possession by clear and convincing
			 evidence.
(2) A person entitled to
			 lawful possession of an impounded vehicle may request a hearing to contest the
			 validity of the impoundment. Such request must be in writing and, within 5 days
			 from the date of the impoundment, be mailed to or received by the agency
			 conducting the hearing. The hearing request must include the person's full
			 name, address, driver's license number, daytime telephone number, the names of
			 and daytime telephone numbers for any other persons (e.g. attorney, witnesses)
			 expected to participate in the hearing, date of the impoundment, the
			 registration number and a description of the vehicle impounded, and a brief
			 statement describing the person's interest in the vehicle (e.g. owner, lessee)
			 and why the person believes the impoundment was impounded. A person who will
			 need an interpreter for the hearing or accommodation for an impairment must
			 also give notice of that in the hearing request.
(3) Notice of the hearing date shall be sent
			 to the person request the hearing as soon as practicable after receipt of the
			 hearing request. The notice shall include or be accompanied by:
(a) The time and date of the
			 hearing;
(b) Notice of the scope of
			 the hearing, which shall be limited to the validity of the
			 impoundment;
(c) The name of the
			 hearing officer assigned;
(d) A
			 copy of the documents then in the hearing officer's file;
(e) A form with instructions on the hearing
			 procedures, and advising persons with impairments of the opportunity to use a
			 telecommunication device line.
(f)
			 Information that the hearing costs may be assessed against the person if the
			 impoundment is held proper.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 1 - PROCEDURAL RULES › Section 257-001-0025 - Rules for Impoundment Hearings Under ORS 809.716

Current through Register Vol. 63, No. 7, July 1, 2024
Hearings to determine the validity of the impoundment of
				vehicles under ORS 806.014 shall be subject to the
				following procedural rules.
(1) The
			 following of the Attorney General's Model Rules of Procedure adopted under OAR
			 257-001-0005, and no other, shall apply:
(a)
			 OAR 137-003-0001  Contested Case Notice;
(b) OAR 137-003-0002  Rights of Parties in
			 Contested Cases;
(c) OAR
			 137-003-0003  Late Filing;
(d) OAR
			 137-003-0040  Conducting Contested Case Hearing;
(e) OAR 137-003-0045  Telephone
			 Hearings
(f) OAR 137-003-0050  Evidentiary Rules;
(g) OAR
			 137-003-0055  Ex Parte Communications;
(h) OAR 137-003-0075  Final Orders by
			 Default;
(i) OAR 137-003-0080  Reconsideration and Rehearing-Contested Cases;
(j) OAR 137-003-0090  Stay Request;
(k) OAR 137-003-0091  Intervention in Stay
			 Proceeding;
(l) OAR 137-003-0092  Stay Proceeding and Order.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0010 - Scope of System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rules
			 adopted herein relate solely to the Oregon Criminal Offender Information System
			 and the Identification Services Section as maintained by the Oregon State
			 Police. The rules do not affect in any way other agencies' original records of
			 arrest, arrest logs, or reports of crimes available for inspection under terms
			 of the Oregon Public Records Law (ORS
			 192.311 to
			 192.335).
(2) Oregon Criminal Offender Information
			 files contain information, contributed by Criminal Justice Agencies, on a
			 person's record of arrests, the nature and disposition of criminal charges,
			 sentencing, confinement, and release, plus identifying data only relating to
			 fingerprints of applicants submitted under Oregon Law. The fingerprints,
			 photographs, records and reports compiled under ORS
			 137.225,
			 166.291,
			 166.415,
			 181A.010,
			 181A.160,
			 181A.175,
			 181A.220,
			 181A.230,
			 181A.875,
			 and
			 806.060 are
			 confidential and exempt from public inspection except as provided in ORS
			 181A.220.
			 These files shall not contain information about the political, religious, or
			 social views, associations, or activities of any individual, group,
			 association, corporation, business, or partnership unless such information
			 directly relates to an investigation of past or threatened criminal acts or
			 activities and there are reasonable grounds to suspect the subject of the
			 information is or may be involved in criminal acts or activities.
(3) The Oregon CCH System is a
			 computerization of essentially the same criminal offender, regulatory and
			 applicant information, and is maintained by the OSP under provisions of Oregon
			 Law. Computerization of the files is designed to provide faster access to
			 criminal offender information for Oregon Criminal Justice and Designated
			 Agencies.
(4) The Oregon Firearm
			 Instant Check System is a computerization of firearm and firearm purchaser
			 information, and is maintained by the OSP under provisions of Oregon Law. The
			 record of the information obtained by the OSP during a request for a criminal
			 records check by a gun dealer is exempt from disclosure under public records
			 law.
Statutory/Other Authority: ORS
				  166.412,
				  ORS
				  183.310 -
				  183.540, ORS
				  181A.220,
				  ORS
				  181A.230,
				  ORS
				  166.291,
				  ORS
				  183.390,
				  ORS 192.234, ORS
				  181A.245  & ORS
				  181A.200
Statutes/Other Implemented: ORS
				  166.291,
				  ORS
				  166.412  & ORS
				  181A.875
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police for purposes of identifying criminal offenders and alleged offenders and maintained as to such persons' records of arrest, the nature and disposition of criminal charges, sentencing, confinement (confinement shall not include the retention by the Oregon State Police of records of transfer of inmates between penal institutions or other correctional facilities), and release, and includes the OSP Computerized Criminal History System.
(2) "Agency Agreement" means a written agreement between OSP and a Criminal Justice or Designated Agency as defined by ORS 181A.010 authorized to receive criminal offender information, or between OSP and any state, federal, Native American tribe or private agency specifically granted authority by statute to receive Oregon criminal offender information, specifying the terms and conditions of accessing and receiving Oregon CCH Information.
(3) "Computerized Criminal History (CCH) System" means the administration and maintenance of on-line computer files of significant criminal offender information.
(4) "OSP" means the Oregon State Police and includes the Identification Services Section (ISS) and the Law Enforcement Data System (LEDS).
(5) "Oregon CCH System" means the Oregon Computerized Criminal History System.
(6) "Federal Criminal Offender Information System" means the national computerized criminal history system maintained and operated by the Federal Bureau of Investigation (FBI) which includes the Interstate Identification Index.
(7) "Criminal Justice Agency" means:
(a) The Governor;
(b) Courts of Criminal Jurisdiction;
(c) The Attorney General;
(d) District Attorneys, City Attorneys with criminal prosecutive functions and public defender organizations established under ORS Chapter 151;
(e) Law Enforcement Agencies;
(f) The Department of Corrections;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Board on Public Safety Standards and Training; and
(i) Any other state or local agency with law enforcement authority designated by order of the Governor.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0020 - System Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Maintenance and Dissemination of Criminal Offender Information. The Oregon
			 State Police has statutory and administrative responsibility for the
			 maintenance and dissemination of criminal offender information in
			 Oregon.
(2) Accuracy and
			 Completeness of Information. Information entered into Criminal Offender
			 Information files is based on written documents submitted to the OSP by
			 Criminal Justice Agencies reporting their record of official action, which
			 documents contain fingerprint or other verification as to the identity of the
			 individual to whom the information refers:
(a) OSP is responsible for the accuracy and
			 completeness of information entered into the Oregon Criminal Offender
			 Information System and any information subsequently transmitted for inclusion
			 in the FBI Interstate Identification Index;
(b) This responsibility extends only to
			 information contained in the documents as submitted to OSP.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0030 - Criminal Justice Research and Evaluation Projects

Current through Register Vol. 63, No. 7, July 1, 2024
Criminal offender information will be made available to
				qualified persons for research and evaluation related to criminal justice
				activity, or in exigent circumstances for temporary access, upon written
				application to the Superintendent of the Oregon State Police but authorization
				to utilize such information will be conditioned upon:
(1) The execution of nondisclosure agreements
			 by all participants in the program.
(2) When such qualified persons acknowledge a
			 fundamental commitment to respect individual privacy interests with the
			 identification of subjects of such information divorced as fully as possible
			 from the data received, and agree to comply with any additional requirements
			 and conditions found necessary to assure the protection of personal privacy and
			 system security interests.
(3) When
			 a specific agreement is executed between such qualified persons and the OSP,
			 the agreement stating the scope of the project, the permissible dissemination
			 of information for any purpose other than that for which it was
			 obtained.
(4) Where temporary
			 access is authorized by the Superintendent of the OSP, he shall report the
			 reasons for such temporary grant to the Governor. No temporary grant of access
			 shall be valid for more than 30 days.
(5) OSP will retain the right to monitor and
			 audit any approved criminal justice research and evaluation project and to
			 terminate access to CCH or criminal offender information if a violation of this
			 rule is detected.
Statutory/Other Authority: ORS
				  183.310 -
				  183.540, ORS
				  181A.230,
				  ORS
				  181A.245,
				  ORS 192.234 & ORS
				  194.400
Statutes/Other Implemented: ORS
				  166.291,
				  ORS
				  166.412  & ORS
				  181A.875
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0041 - Criminal Justice Information Services Division Fee Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
See Fee Schedule Attached
(Effective 9/1/2021)
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  181A.195,
				  ORS
				  181A.230,
				  ORS
				  181A.245,
				  ORS
				  137.225,
				  ORS
				  166.274,
				  ORS
				  166.412  & ORS
				  166.291
Statutes/Other Implemented: OAR
				  257-010-0025,
				  OAR
				  257-010-0035   & OAR
				  257-010-0055
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0045 - Violation of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Willful
			 violation of Oregon Revised Statute, Executive Order or published rules
			 relating to the Oregon Criminal Offender Information System by any authorized
			 agency, Regional Information Sharing System, or employee may result in
			 immediate termination of such agency's authorization to receive such
			 information from the Oregon and/or Federal Criminal Offender Information
			 Systems.
(2) Reinstatement will be
			 effected only upon demonstration by the agency or system that the cause of such
			 violation has been corrected. Final determination as to the reinstatement of
			 any agency or system so terminated will be the responsibility of the
			 OSP.
Statutory/Other Authority: ORS
				  181A.230,
				  ORS
				  181A.245,
				  ORS
				  183.310 -
				  183.540 & ORS 192.234
Statutes/Other Implemented: ORS
				  166.291,
				  ORS
				  166.412  & ORS
				  181A.875
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0050 - Rights of Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
A Criminal Justice, Designated Agency, Regional Information
				Sharing System, or employee desiring to appeal any action, order, or
				administrative ruling by the OSP may proceed under the provisions of Rules
				30.00 to 30.80 of the Attorney General's Model Rules of Practice and Procedures
				under the Administrative Procedure Act relating to contested cases and judicial
				review.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  181A.230,
				  ORS
				  181A.245,
				  ORS
				  183.310 -
				  183.540 & ORS 192.234
Statutes/Other Implemented: ORS
				  166.291,
				  ORS
				  166.412  & ORS
				  181A.875
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0060 - Mental Health Information Reporting to NICS

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. As used in this
			 administrative rule:
(a) "Designated
			 Agencies" means the Oregon Department of Human Services (DHS), the Oregon
			 Health Authority (OHA), the Psychiatric Review Board (PSRB), and the Oregon
			 Judicial Department (OJD).
(b)
			 "Minimum Information" means only those data elements or identifying information
			 that is minimally or nominally necessary to accurately identify a person listed
			 under ORS
			 181A.290 and who is prohibited under either
			 18
			 U.S.C. §
										922(d)(4) and
			 (g)(4) from purchasing, possessing,
			 transporting or receiving a firearm, ORS
			 166.250(1)(c)(D)
			 or (E) from possessing a firearm, or ORS
			 166.470(1)(e)
			 or (f) from receiving a firearm. "Minimum
			 information" includes at least the person's name, date of birth, gender and ORI
			 number of the designated agency or originating court that originally created
			 the underlying record or file of the person. "Minimum information" does not
			 include any medical, psychiatric or psychological information, case histories
			 or files of a person, or any record or file of a designated agency or
			 originating court.
(c) "NICS" means
			 the National Instant Criminal Background Check System mandated by the Brady
			 Handgun Violence Prevention Act of 1993 (Pub. L.
			 103-159, 107 Stat. 1536).
(d) "ORI" means the Law Enforcement Data
			 System (LEDS) and FBI National Crime Information Center (NCIC) originating
			 agency identifier code.
(e)
			 "Originating court" means the Oregon county circuit court that transmits a
			 mental health record to OSP as required under either ORS
			 426.160 or
			 427.293.
(f) "Prohibited Persons File" (PPF) means a
			 data table created by OSP that contains minimum information, as reported to OSP
			 by the designated agencies or originating courts responsible for maintaining
			 Oregon mental health records, for individuals that are prohibited under either
			 18
			 U.S.C. §
										922(d)(4) and
			 (g)(4) from purchasing, possessing,
			 transporting or receiving a firearm, ORS
			 166.250(1)(c)(D)
			 or (E) from possessing a firearm, or ORS
			 166.470(1)(e)
			 or (f) from receiving a firearm. This file
			 will be maintained by OSP in LEDS. The agencies contributing to the file will
			 be responsible for ensuring the data is accurate. Information in this file is
			 confidential and not to be accessed for any purpose other than:
(A) Maintaining the minimum information in
			 the PPF;
(B) Reporting minimum
			 information to NICS as required by federal and state law; or
(C) Conducting instant firearm criminal
			 history checks as defined under ORS
			 166.432.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0065 - Permit-to-Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OSP shall
			 determine the format and shall assign the unique application and permit number
			 to each Oregon State Permit-to-Purchase application and permit that shall be
			 used by all permit agents for Permit-to-Purchase applications. The
			 Permit-to-Purchase application is hereby incorporated by reference.
(2) When submitting Permit-to-Purchase
			 application packets to OSP for background checks, permit agents shall use
			 either US Mail, hand delivery by the permit agent, or delivery by courier. The
			 packet must include both the paper fingerprint cards and the Permit-to-Purchase
			 application form.
(3) OSP shall
			 create the Permit-to-Purchase format that shall be issued by all permit agents.
			 Permit agents shall print the issued State of Oregon Permit-to-Purchase permit
			 form in quadruplicate (four copies). The State of Oregon Permit-to-Purchase
			 permit form is hereby incorporated by reference.
(4) Permit agents may designate permit agent
			 responsibilities only to other Oregon law enforcement agencies and only as
			 follows:
(a) Local police chiefs may
			 designate permit agent responsibilities to other local police chiefs or the
			 Oregon Sheriff having jurisdiction over the residence of a person making an
			 application for a permit-to purchase; or
(b) An Oregon Sheriff may designate permit
			 agent responsibilities to a local police chief having jurisdiction over the
			 residence of a person making an application for a permit-to-purchase.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0000 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Rules adopted herein prescribe the policies and procedures for
				operation and use of the Oregon Law Enforcement Data System
				(LEDS).
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Law
			 Enforcement Data System (LEDS) was established by act of the 1969 Oregon
			 Legislature (ORS
			 181.710) which
			 authorized the state Executive Department to develop and operate a police
			 information network. In 1973, the term "Police Information Network" was amended
			 to read "Law Enforcement Data System." Senate Bill 1044 in the 1993 legislative
			 session transferred LEDS to the Department of Oregon State Police (ORS
			 181A.280).
(2) The Law Enforcement Data System is a
			 program organized within the Intergovernmental Services Bureau of the
			 Department of Oregon State Police. It provides a criminal justice
			 telecommunications and information system for the State of Oregon, and is the
			 control point for access to similar programs operated by other states and the
			 Federal Government.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0020 - Law Enforcement Data System (LEDS) Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The LEDS
			 Advisory Committee advises the Superintendent of State Police on general policy
			 concerning the philosophy, concept, and operational principles of the LEDS
			 program. In its deliberations the Committee places particular emphasis on the
			 following areas:
(a) Continued responsiveness
			 of the LEDS program to the state's criminal justice information
			 needs;
(b) System security;
			 and
(c) Rules, regulations and
			 procedures to maintain the integrity of LEDS information.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "LEDS" means
			 the Department of State Police, Law Enforcement Data System.
(2) "NCIC" means the Federal Bureau of
			 Investigation, National Crime Information Center.
(3) "NLETS" means the National Law
			 Enforcement Telecommunications System, Incorporated.
(4) "Associated Systems" means any automated
			 or manual information system which is accessible via LEDS.
(5) "Criminal Justice Agency" means the
			 following as defined by the National Crime Information Center:
(a) Courts;
(b) A government agency or any subunit
			 thereof which performs the administration of criminal justice pursuant to a
			 statute or executive order, and which allocates a substantial part of its
			 annual budget to the administration of criminal justice.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0040 - LEDS Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
The general responsibilities of the Law Enforcement Data System
				program are as follows:
(1) Develop
			 and operate a computerized criminal justice telecommunications and information
			 system providing message switching and record storage and retrieval
			 capabilities.
(2) Provide a level
			 of training adequate to enable effective use of LEDS and associated
			 systems.
(3) Function as the NCIC
			 Control Terminal Agency and the NLETS Control Terminal Agency for the State of
			 Oregon.
(4) Assist and train
			 criminal justice agencies in the development of information from LEDS and
			 associated systems for use in criminal investigations.
(5) Develop and maintain linkages with the
			 Driver and Motor Vehicle Services Branch (DMV), the State Marine Board, the
			 Public Utility Commission, and other non-criminal justice agencies to make
			 appropriate information available to Oregon criminal justice agencies to assist
			 in the enforcement of state criminal and traffic laws and
			 regulations.
(6) Provide staff
			 support to the Law Enforcement Data System Advisory Committee.
(7) Develop and operate the State Uniform
			 Crime Reporting Program to collect crime statistics information from local and
			 state law enforcement agencies; provide information to the public, the
			 Governor, the Legislature, contributing agencies, and others who have a
			 responsibility for the prevention or reduction of crime.
(8) Provide monthly and annual Oregon crime
			 statistics information to the Federal Bureau of Investigation to satisfy
			 national uniform crime reporting program requirements.
(9) Operate a program of record validation,
			 quality control, and audits to ensure that records entered into LEDS and NCIC
			 files by user agencies are kept accurate and complete and that compliance with
			 state and national standards is maintained.
(10) Provide assistance and information
			 access to non-criminal justice user agencies for statutory licensing,
			 employment and regulatory purposes and for other purposes authorized by
			 law.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0060 - Information Access and Dissemination

Current through Register Vol. 63, No. 7, July 1, 2024
Information is made available to LEDS users from various
				sources and agencies, including LEDS and other state information system files,
				motor vehicle departments, NCIC, Oregon State Police Identification Services
				Section, etc. Each user must observe any restrictions placed on the use or
				dissemination of information by its source. It is LEDS' responsibility to
				advise user agencies of any restrictions which apply to any information
				accessed via the Law Enforcement Data System.
(1) Investigative Files: Information from
			 investigative files maintained by LEDS, NCIC, or other agencies is for criminal
			 justice use only and is not to be disseminated to any person for other than an
			 official criminal justice purpose. Inquiries from the public regarding the
			 status of an investigative file should be referred to the agency holding the
			 case.
(2) Oregon Computerized
			 Criminal History Records (CCH):
(a) Oregon
			 criminal history records are available via LEDS, from the Oregon State Police
			 Computerized Criminal History Files, to agencies which are authorized by the
			 Oregon State Police.
(b) All
			 agencies accessing the Oregon CCH files must have a signed agreement with the
			 Oregon State Police and must adhere to Oregon Administrative Rules (OAR)
			 257-010-0025  through 257-010-0050  adopted by the Department of State
			 Police.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0070 - System Security and Privacy

Current through Register Vol. 63, No. 7, July 1, 2024
The data stored in the LEDS, NCIC, and other criminal justice
				information system files is documented criminal justice information. This
				information must be protected to ensure its integrity and its correct, legal
				and efficient storage, dissemination and use. It is incumbent upon and agency
				operating a LEDS terminal, or a terminal on another system which has access to
				the LEDS network, to implement the procedures necessary to make the terminal
				secure from any unauthorized use. All agency personnel authorized to access the
				LEDS network must be instructed in the proper use and dissemination of the
				information.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0080 - Criteria for Terminal Access to LEDS

Current through Register Vol. 63, No. 7, July 1, 2024
LEDS uses the following criteria to determine if an agency
				qualifies for placement of a LEDS terminal, or for access via a terminal on
				another system which has access to the LEDS network. Questions about whether or
				not an agency meets one of these criteria or whether LEDS access is appropriate
				will be resolved by the LEDS Advisory Committee:
(1) The agency is a criminal justice agency
			 as defined in OAR 257-015-0030(5); or
(2) The agency is a service agency which
			 provides computer services, dispatching support, or other direct support
			 service to one or more criminal justice agencies, and which has signed a
			 management control agreement with a criminal justice agency; or
(3) The agency is a non-criminal justice
			 agency with a statutory requirement to use information or capabilities which
			 may be available via LEDS, and use of a terminal by the agency will not
			 adversely affect criminal justice agency users, and use of the terminal will be
			 for a criminal justice purpose as defined in OAR 257-015-0030(6); or
(4) The agency is a non-criminal justice
			 agency which provides information or capabilities needed by criminal justice
			 agencies for a criminal justice purpose, and use of a terminal will improve the
			 ability to provide such information or capabilities; or
(5) The agency is a non-criminal justice
			 agency with statutory requirement to use information or capabilities which may
			 be available via LEDS, and use of a terminal by the agency will not adversely
			 affect criminal justice agency users, and use of the terminal will be for the
			 specific non-criminal justice purpose(s) for which the agency is authorized
			 access to the information or capabilities available via LEDS, and the agency
			 has been approved for terminal access by the LEDS Advisory Committee.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280