Chapter 365 Oregon Laws 2001

AN ACT

SB 444

Relating to sex offenders.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 2, 3 and 4 of this 2001 Act:

(1) “Locations where children are the primary occupants or users” includes, but is not limited to, public and private elementary and secondary schools and licensed day care centers.

(2) “Sex offender” means a:

(a) Sexually violent dangerous offender as defined in ORS 137.765; or

(b) Predatory sex offender as described in ORS 181.585.

(3) “Transitional housing” means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration.

SECTION 2. (1) The Department of Corrections, in consultation with the State Board of Parole and Post-Prison Supervision and community corrections agencies, shall adopt rules establishing criteria to be considered in determining the permanent residence requirements for a sex offender released on post-prison supervision or parole. Transitional housing is not subject to permanent residence requirements. The department shall include in the rules:

(a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

(b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized; and

(c) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender’s residence to be informed of the decision making process before the offender is released.

(2) Based upon the rules adopted under subsection (1) of this section, the department shall develop a decision matrix to be used in determining the permanent residence requirements for a sex offender.

SECTION 3. (1) The State Board of Parole and Post-Prison Supervision, in consultation with the Department of Corrections and community corrections agencies, shall adopt rules establishing criteria to be considered:

(a) In reviewing the proposed residence of a sex offender in a release plan under ORS 144.096 or a parole plan under ORS 144.125; and

(b) In determining the residence of a sex offender in a release plan under ORS 144.096, as a condition of post-prison supervision under ORS 144.102 or as a condition of parole under ORS 144.270.

(2) The board shall include in the rules:

(a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

(b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized; and

(c) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender’s residence to be informed of the decision making process before the offender is released.

(3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender.

SECTION 4. When a community corrections agency reviews a proposed release plan for a sex offender, the agency shall follow the rules adopted by and utilize the decision matrix developed by the Department of Corrections under section 2 of this 2001 Act in making decisions about the permanent residence of the sex offender.

Approved by the Governor June 13, 2001

Filed in the office of Secretary of State June 13, 2001

Effective date January 1, 2002

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