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 4078
House Bill 3916
Sponsored by Representative MINNIS; Representatives BACKLUND,
BROWN, DOYLE, HILL, JENSON, KING, KNOPP, KRIEGER, KROPF, KRUSE,
LEE, MORGAN, NELSON, PATRIDGE, SHETTERLY, G SMITH, P SMITH, T
SMITH, STARR, C WALKER, WESTLUND, WILSON, WINTERS, WITT,
Senators CLARNO, HARPER, MINNIS, STARR
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 as
introduced.
Prohibits certain sex offenders from living within one mile of
school while on parole or post-prison supervision. Expands
predatory sex offender notification requirements to include
certain sex offenders who are not predatory.
A BILL FOR AN ACT
Relating to sex offenders; amending ORS 144.096, 144.102,
144.125, 144.270, 181.586, 181.588 and 181.589.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 144.096 is amended to read:
144.096. (1)(a) The Department of Corrections shall prepare a
proposed release plan for an inmate prior to the inmate's release
from prison.
(b) The department shall submit the proposed release plan to
the State Board of Parole and Post-Prison Supervision not less
than 60 days prior to the inmate's release.
(c) If the proposed release plan is not approved by the board,
the board shall return the plan to the department with its
recommended modifications. The department shall submit a revised
plan to the board not less than 10 days prior to the inmate's
release.
(d) If the revised plan is not acceptable to the board, the
board shall determine the provisions of the final plan prior to
the inmate's release.
(2) The local supervisory authority that is responsible for
correctional services for an inmate shall prepare a proposed
release plan for the inmate prior to the inmate's release from
jail. The local supervisory authority shall approve the release
plan under its rules.
(3) A release plan prepared under subsection (1) or (2) of this
section must include:
(a) A description of support services and program opportunities
available to the inmate;
(b) The recommended conditions of post-prison supervision;
(c) The level of supervision that shall be consistent with the
inmate's risk assessment classification;
(d) Any other conditions and requirements as may be necessary
to promote public safety;
(e) For all inmates whose sentence to make restitution under
ORS 137.106 has been suspended for the term of imprisonment, a
restitution payment schedule; { - and - }
{ + (f) If the inmate was convicted of a sex crime, as
defined in ORS 181.594, and the victim was under 18 years of age,
a requirement that the inmate not live within one mile of a
public or private elementary or secondary school; and + }
{ - (f) - } { + (g) + } Any conditions necessary to assist
the reformation of the inmate.
SECTION 2. 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) 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.
(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.
{ + (7) 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 not live within one mile
of a public or private elementary or secondary school if the
person:
(a) Was imprisoned upon conviction of a sex crime, as defined
in ORS 181.594; and
(b) The victim was under 18 years of age. + }
SECTION 3. 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) 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.
(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.
{ + (7) 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 not live within one mile
of a public or private elementary or secondary school if the
person:
(a) Was imprisoned upon conviction of a sex crime, as defined
in ORS 181.594; and
(b) The victim was under 18 years of age. + }
SECTION 4. ORS 144.125 is amended to read:
144.125. (1) Prior to the scheduled release of any prisoner on
parole and prior to release rescheduled under this section, the
State Board of Parole and Post-Prison Supervision may upon
request of the Department of Corrections or on its own initiative
interview the prisoner to review the prisoner's parole plan and
psychiatric or psychological report, if any, and the record of
the prisoner's conduct during confinement. To accommodate such
review by the board, the Department of Corrections shall provide
to the board any psychiatric or psychological reports held by the
department regarding the prisoner. However, if the psychiatrist
or psychologist who prepared any report or any treating
psychiatrist or psychologist determines that disclosure to the
prisoner of the contents of the report would be detrimental to
the prisoner's mental or emotional health, the psychiatrist or
psychologist may indorse upon the report a recommendation that it
not be disclosed to the prisoner. The department may withhold
from the board any report so indorsed.
(2) The board shall postpone a prisoner's scheduled release
date if it finds, after a hearing, that the prisoner engaged in
serious misconduct during confinement. The board shall adopt
rules defining serious misconduct and specifying periods of
postponement for such misconduct.
(3)(a) If the board finds the prisoner has a present severe
emotional disturbance such as to constitute a danger to the
health or safety of the community, the board may order the
postponement of the scheduled parole release until a specified
future date.
(b) If the board finds the prisoner has a present severe
emotional disturbance such as to constitute a danger to the
health or safety of the community, but also finds that the
prisoner can be adequately controlled with supervision and mental
health treatment and that the necessary supervision and treatment
are available, the board may order the prisoner released on
parole subject to conditions that are in the best interests of
community safety and the prisoner's welfare.
(4) { + (a) + } Each prisoner shall furnish the board with a
parole plan prior to the scheduled release of the prisoner on
parole. The board shall adopt rules specifying the elements of an
adequate parole plan and may defer release of the prisoner for
not more than three months if it finds that the parole plan is
inadequate. The Department of Corrections shall assist prisoners
in preparing parole plans.
{ + (b) If the prisoner was convicted of a sex crime, as
defined in ORS 181.594, and the victim was under 18 years of age,
the board shall require as an element of an adequate parole plan
that the prisoner not live within one mile of a public or private
elementary or secondary school. + }
SECTION 5. 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) The board may establish such special conditions as it shall
determine are necessary because of the individual circumstances
of the parolee.
(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.
{ + (7) When the board grants an inmate parole from the
custody of the Department of Corrections, the board, as a
condition of parole, shall order that the inmate not live within
one mile of a public or private elementary or secondary school if
the inmate:
(a) Was imprisoned upon conviction of a sex crime, as defined
in ORS 181.594; and
(b) The victim was under 18 years of age. + }
SECTION 6. 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) The board may establish such special conditions as it shall
determine are necessary because of the individual circumstances
of the parolee.
(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, the board, as a
condition of parole, shall order that the inmate not live within
one mile of a public or private elementary or secondary school if
the inmate:
(a) Was imprisoned upon conviction of a sex crime, as defined
in ORS 181.594; and
(b) The victim was under 18 years of age. + }
SECTION 7. ORS 181.586 is amended to read:
181.586. (1)(a) If the State Board of Parole and Post-Prison
Supervision for a person on parole or post-prison supervision or
the Department of Corrections or a community corrections agency
for a person on probation makes a determination that the person
under its supervision is a predatory sex offender { + or a sex
offender who has offended against minor victims + }, the agency
supervising the person shall notify anyone whom the agency
determines is appropriate that the person is a predatory sex
offender { + or a sex offender who has offended against minor
victims + }.
(b) When a predatory sex offender { + or a sex offender who
has offended against minor victims + } has been subsequently
convicted of another crime and is on supervision for that crime,
the agency supervising the person may notify anyone whom the
agency determines is appropriate that the person is a predatory
sex offender { + or a sex offender who has offended against
minor victims + }, regardless of the nature of the crime for
which the person is being supervised.
(2) In making a determination under subsection (1) of this
section, the agency shall consider notifying:
(a) The person's family;
(b) The person's sponsor;
(c) Residential neighbors and churches, community parks,
schools, convenience stores, businesses and other places that
children or other potential victims may frequent; and
(d) Any prior victim of the offender.
(3) When an agency determines that notification is necessary,
the agency may use any method of communication that the agency
determines is appropriate. The notification may include, but is
not limited to, distribution of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle that the person is known to drive;
(d) Any conditions or restrictions upon the person's probation,
parole, post-prison supervision or conditional release;
(e) A description of the person's primary and secondary
targets;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or telephone number of the person's parole and
probation officer.
(4) Not later than 10 days after making its determination that
a person is a predatory sex offender { + or a sex offender who
has offended against minor victims + }, the agency supervising
the person shall:
(a) Notify the Department of State Police of the person's
status as a predatory sex offender { + or a sex offender who has
offended against minor victims + };
(b) Enter into the Law Enforcement Data System the fact that
the person is a predatory sex offender { + or a sex offender who
has offended against minor victims + }; and
(c) Send to the Department of State Police, by electronic or
other means, all of the information listed in subsection (3) of
this section that is available.
(5) When the Department of State Police receives information
regarding a person under subsection (4) of this section, the
Department of State Police, upon request, may make the
information available to the public.
(6) Upon termination of its supervision of a person determined
to be a predatory sex offender { + or a sex offender who has
offended against minor victims + }, the agency supervising the
person shall:
(a) Notify the Department of State Police of the person's
status as a predatory sex offender { + or a sex offender who has
offended against minor victims + }; and
(b) Send to the Department of State Police, by electronic or
other means, the documents relied upon in determining that the
person is a predatory sex offender { + or a sex offender who has
offended against minor victims + }.
(7) The agency supervising a person determined to be a
predatory sex offender { + or a sex offender who has offended
against minor victims + } shall verify the residence address of
the person every 90 days.
SECTION 8. ORS 181.586, as amended by section 33, chapter 626,
Oregon Laws 1999, and section 3, chapter 843, Oregon Laws 1999,
is amended to read:
181.586. (1) If the State Board of Parole and Post-Prison
Supervision for a person on parole or post-prison supervision or
the Department of Corrections or a community corrections agency
for a person on probation makes a determination that the person
under its supervision is a predatory sex offender { + or a sex
offender who has offended against minor victims + }, the agency
supervising the person shall notify anyone whom the agency
determines is appropriate that the person is a predatory sex
offender { + or a sex offender who has offended against minor
victims + }.
(2) In making a determination under subsection (1) of this
section, the agency shall consider notifying:
(a) The person's family;
(b) The person's sponsor;
(c) Residential neighbors and churches, community parks,
schools, convenience stores, businesses and other places that
children or other potential victims may frequent; and
(d) Any prior victim of the offender.
(3) When an agency determines that notification is necessary,
the agency may use any method of communication that the agency
determines is appropriate. The notification may include, but is
not limited to, distribution of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle that the person is known to drive;
(d) Any conditions or restrictions upon the person's probation,
parole, post-prison supervision or conditional release;
(e) A description of the person's primary and secondary
targets;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or telephone number of the person's parole and
probation officer.
(4) Not later than 10 days after making its determination that
a person is a predatory sex offender { + or a sex offender who
has offended against minor victims + }, the agency supervising
the person shall:
(a) Notify the Oregon State Police of the person's status as a
predatory sex offender { + or a sex offender who has offended
against minor victims + };
(b) Enter into the Law Enforcement Data System the fact that
the person is a predatory sex offender { + or a sex offender who
has offended against minor victims + }; and
(c) Send to the Oregon State Police, by electronic or other
means, all of the information listed in subsection (3) of this
section that is available.
(5) When the Oregon State Police receives information regarding
a person under subsection (4) of this section, the Oregon State
Police, upon request, may make the information available to the
public.
(6) Upon termination of its supervision of a person determined
to be a predatory sex offender { + or a sex offender who has
offended against minor victims + }, the agency supervising the
person shall:
(a) Notify the Oregon State Police of the person's status as a
predatory sex offender { + or a sex offender who has offended
against minor victims + }; and
(b) Send to the Oregon State Police, by electronic or other
means, the documents relied upon in determining that the person
is a predatory sex offender { + or a sex offender who has
offended against minor victims + }.
SECTION 9. ORS 181.588 is amended to read:
181.588. (1) Notwithstanding any other provision of law, the
Department of State Police, the chief of police of a city police
department or a county sheriff may notify the public that a
person is a predatory sex offender { + or a sex offender who has
offended against minor victims + } if the Department of State
Police, chief of police or sheriff, after consulting with the
person's last primary supervising agency, determines that the
person is a predatory sex offender as provided in ORS 181.585
{ + or a sex offender who has offended against minor victims + }
and the person is not under active supervision by the Department
of Corrections or a community corrections agency.
(2) Notification under subsection (1) of this section may
include distribution of any information listed in ORS 181.586
(3).
SECTION 10. ORS 181.588, as amended by section 37, chapter 626,
Oregon Laws 1999, is amended to read:
181.588. (1) Notwithstanding any other provision of law, the
Department of State Police, the chief of police of a city police
department or a county sheriff may notify anyone the Department
of State Police, chief of police or sheriff determines is
appropriate that a person is a predatory sex offender { + or a
sex offender who has offended against minor victims + } if the
Department of State Police, chief of police or sheriff, in
conjunction with the Department of Corrections, determines that
the person is a predatory sex offender as provided in ORS 181.585
{ + or a sex offender who has offended against minor victims + }
and the person is not under active supervision by the Department
of Corrections or a community corrections agency.
(2) Notification under subsection (1) of this section may
include distribution of any information listed in ORS 181.586
(3).
(3) The Department of State Police, a chief of police or a
sheriff may not release lists of registered sex offenders or
addresses of registered sex offenders to the public but may
release lists of predatory sex offenders { + or sex offenders
who have offended against minor victims + } if the predatory sex
offenders { + or sex offenders who have offended against minor
victims + } are no longer being supervised by an agency.
SECTION 11. ORS 181.589 is amended to read:
181.589. (1) Notwithstanding any other provision of law, the
Department of State Police, the chief of police of a city police
department or a county sheriff may notify the public that a
person is a predatory sex offender { + or a sex offender who has
offended against minor victims + } if:
(a) The person is required to report under ORS 181.595, 181.596
or 181.597 after being found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute a sex crime;
(b) The person is not under the supervision of the juvenile
court; and
(c) The Department of State Police, chief of police or sheriff,
after consulting with the person's last primary supervising
agency, determines that the person is a predatory sex offender as
provided in ORS 181.585 { + or a sex offender who has offended
against minor victims + }.
(2) Notification under subsection (1) of this section may
include any of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle the person is known to drive;
(d) Any conditions or restrictions upon the person's release;
(e) A description of the person's primary and secondary victims
of choice;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or work telephone number of the person's parole or
probation officer.
SECTION 12. ORS 181.589, as amended by section 38, chapter 626,
Oregon Laws 1999, is amended to read:
181.589. (1) Notwithstanding any other provision of law, the
Oregon State Police, the chief of police of a city police
department or a county sheriff may notify anyone the Department
of State Police, chief of police or county sheriff determines is
appropriate that a person is a predatory sex offender { + or a
sex offender who has offended against minor victims + } if:
(a) The person is registered or is required to register under
ORS 181.595, 181.596 or 181.597 (1) and (2) after being found to
be within the jurisdiction of the juvenile court for having
committed an act that if committed by an adult would constitute a
sex crime;
(b) The person is not under the supervision of the juvenile
court; and
(c) The Oregon State Police, chief of police or sheriff, in
conjunction with the Department of Corrections, determines that
the person is a predatory sex offender as provided in ORS 181.585
{ + or a sex offender who has offended against minor
victims + }.
(2) Notification under subsection (1) of this section may
include any of the following information:
(a) The person's name and address;
(b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(c) The type of vehicle the person is known to drive;
(d) Any conditions or restrictions upon the person's release;
(e) A description of the person's primary and secondary victims
of choice;
(f) A description of the person's method of offense;
(g) A current photograph of the person; and
(h) The name or work telephone number of the person's parole or
probation officer.
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