71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2230
 
                           A-Engrossed
 
                         House Bill 2503
                   Ordered by the House May 30
             Including House Amendments dated May 30
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Establishes mandatory conditions of parole and post-prison
supervision for certain sex offenders.
 
                        A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; and amending
  ORS 144.102 and 144.270.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 144.102 is amended to read:
  144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
  (2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
  (a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
  (b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
  (c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
  (d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
  (e) Not own, possess or be in control of any weapon.
  (f) Respect and obey all municipal, county, state and federal
laws.
  (g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
  (h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation.  The board or supervisory authority shall not
order a person to pay a fee in excess of $5 under this paragraph.
  (i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
  (A) When supervision begins;
  (B) Within 10 days of a change in residence; and
  (C) Once each year within 10 days of the person's date of
birth.
  (3) { + (a) + } The board or supervisory authority may
establish special conditions as the board or supervisory
authority shall determine are necessary because of the individual
circumstances of the person on post-prison supervision.
   { +  (b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
  (A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
  (B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
  (C) A prohibition against frequenting, without the prior
written approval of the board, supervisory authority or
supervising officer, a place where persons under 18 years of age
regularly congregate.
  (D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
  (E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
  (F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
  (G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
  (H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
  (I) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
  (J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
  (K) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer. + }
  (4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
  (A) As determined, imposed or required by the sentencing court;
or
  (B) When previously required as a condition of any type of
supervision that is later revoked.
  (b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
  (A) Was ordered to pay restitution as a result of another
conviction; and
  (B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
  (5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
  (6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
  (b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
  (A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
  (B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
  (C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
  (D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
  (E) The person desires to be released to another state; or
  (F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
  (c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all the available
information in the following records:
  (i) An Oregon driver license, regardless of its validity;
  (ii) Records maintained by the Department of Revenue;
  (iii) Records maintained by the Department of State Police
Bureau of Criminal Identification;
  (iv) Records maintained by the Department of Human Services; or
  (v) Records maintained by the Department of Corrections.
  (B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
  (C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
  (D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
  SECTION 2. ORS 144.102, as amended by section 35, chapter 626,
Oregon Laws 1999, is amended to read:
 
  144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
  (2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
  (a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
  (b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
  (c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
  (d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
  (e) Not own, possess or be in control of any weapon.
  (f) Respect and obey all municipal, county, state and federal
laws.
  (g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
  (h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation.  The board or supervisory authority shall not
order a person to pay a fee in excess of $5 under this paragraph.
  (3) { + (a) + } The board or supervisory authority may
establish special conditions as the board or supervisory
authority shall determine are necessary because of the individual
circumstances of the person on post-prison supervision.
   { +  (b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
  (A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
  (B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
  (C) A prohibition against frequenting, without the prior
written approval of the board, supervisory authority or
supervising officer, a place where persons under 18 years of age
regularly congregate.
  (D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
  (E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
  (F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
  (G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
  (H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
  (I) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
  (J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
  (K) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer. + }
  (4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
  (A) As determined, imposed or required by the sentencing court;
or
  (B) When previously required as a condition of any type of
supervision that is later revoked.
  (b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
  (A) Was ordered to pay restitution as a result of another
conviction; and
  (B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
  (5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
  (6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
  (b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
  (A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
  (B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
  (C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
  (D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
  (E) The person desires to be released to another state; or
  (F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
 
  (c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all the available
information in the following records:
  (i) An Oregon driver license, regardless of its validity;
  (ii) Records maintained by the Department of Revenue;
  (iii) Records maintained by the Department of State Police
Bureau of Criminal Identification;
  (iv) Records maintained by the Department of Human Services; or
  (v) Records maintained by the Department of Corrections.
  (B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
  (C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
  (D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
  SECTION 3. ORS 144.270 is amended to read:
  144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
  (2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
  (a) Accept the parole granted subject to all terms and
conditions specified by the board.
  (b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
  (c) Answer all reasonable inquiries of the board or the parole
officer.
  (d) Report to the parole officer as directed by the board or
parole officer.
  (e) Not own, possess or be in control of any weapon.
  (f) Respect and obey all municipal, county, state and federal
laws.
  (g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
  (3) { + (a) + } The board may establish such special conditions
as it shall determine are necessary because of the individual
circumstances of the parolee.
   { +  (b) If the person is on parole following conviction of a
sex crime, as defined in ORS 181.594, the board shall include all
of the following as special conditions of the person's parole:
  (A) Agreement to comply with any curfew set by the board or the
supervising officer.
  (B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
  (C) A prohibition against frequenting, without the prior
written approval of the board or supervising officer, a place
where persons under 18 years of age regularly congregate.
  (D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
  (E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
 
  (F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
  (G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
  (H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
  (I) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
  (J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
  (K) A prohibition against using a post-office box unless
approved by the board or supervising officer. + }
  (4) It shall not be a cause for revocation of parole that the
parolee failed to apply for or accept employment at any workplace
where there is a labor dispute in progress. As used in this
subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.
  (5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
  (b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
  (A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
  (B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
  (C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
  (D) As another condition of parole, the inmate is required to
participate in a treatment program which is not available or
located in the county of residence;
  (E) The inmate desires to be paroled to another state; or
  (F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
  (c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all the available information in the following
records:
  (i) An Oregon driver's license, regardless of its validity;
  (ii) Records maintained by the Department of Revenue;
  (iii) Records maintained by the Department of State Police,
Bureau of Criminal Identification;
  (iv) Records maintained by the Department of Human Services; or
  (v) Records maintained by the Department of Corrections.
 
 
  (B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
  (C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
  (D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
  (E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
  (6) When the board grants an inmate parole from the custody of
the Department of Corrections and if the inmate is required to
report as a sex offender under ORS 181.595, the board, as a
condition of parole, shall order the inmate to report with the
Department of State Police, a chief of police, a county sheriff
or the supervising agency:
  (a) When supervision begins;
  (b) Within 10 days of a change in residence; and
  (c) Once each year within 10 days of the inmate's date of
birth.
  SECTION 4. ORS 144.270, as amended by section 36, chapter 626,
Oregon Laws 1999, is amended to read:
  144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
  (2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
  (a) Accept the parole granted subject to all terms and
conditions specified by the board.
  (b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
  (c) Answer all reasonable inquiries of the board or the parole
officer.
  (d) Report to the parole officer as directed by the board or
parole officer.
  (e) Not own, possess or be in control of any weapon.
  (f) Respect and obey all municipal, county, state and federal
laws.
  (g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
  (3) { + (a) + } The board may establish such special conditions
as it shall determine are necessary because of the individual
circumstances of the parolee.
   { +  (b) If the person is on parole following conviction of a
sex crime, as defined in ORS 181.594, the board shall include all
of the following as special conditions of the person's parole:
  (A) Agreement to comply with any curfew set by the board or the
supervising officer.
  (B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
  (C) A prohibition against frequenting, without the prior
written approval of the board or supervising officer, a place
where persons under 18 years of age regularly congregate.
  (D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
  (E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
  (F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
  (G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
  (H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
  (I) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
  (J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
  (K) A prohibition against using a post-office box unless
approved by the board or supervising officer. + }
  (4) It shall not be a cause for revocation of parole that the
parolee failed to apply for or accept employment at any workplace
where there is a labor dispute in progress. As used in this
subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.
  (5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
  (b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
  (A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
  (B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
  (C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
  (D) As another condition of parole, the inmate is required to
participate in a treatment program which is not available or
located in the county of residence;
  (E) The inmate desires to be paroled to another state; or
  (F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
  (c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all the available information in the following
records:
  (i) An Oregon driver's license, regardless of its validity;
  (ii) Records maintained by the Department of Revenue;
  (iii) Records maintained by the Department of State Police,
Bureau of Criminal Identification;
  (iv) Records maintained by the Department of Human Services; or
  (v) Records maintained by the Department of Corrections.
  (B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
  (C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
  (D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
  (E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
  SECTION 5.  { + The amendments to ORS 144.102 and 144.270 by
sections 1 to 4 of this 2001 Act apply to persons released on
parole or post-prison supervision on or after the effective date
of this 2001 Act for offenses committed before, on or after the
effective date of this 2001 Act. + }
                         ----------