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 732
A-Engrossed
Senate Bill 370
Ordered by the Senate May 29
Including Senate Amendments dated May 29
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Oregon State Police)
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.
Repeals sunset on various provisions dealing with sex offender
registration.
{ + Limits authority of Department of State Police to post
sex offender information on Internet. Allows juvenile sex
offender to petition within 90 days after termination of wardship
for relief from duty to report. Specifies burden of proof and
criteria to be considered. Establishes presumptive life sentence
upon person's third conviction for felony sex crime. Modifies
provisions dealing with notification of chiefs of police,
sheriffs and public when sex offender is released.
Declares emergency, effective July 1, 2001. + }
A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; amending ORS
137.540, 144.260, 181.586, 181.588, 181.600, 419C.446 and
420A.122 and section 1, chapter 626, Oregon Laws 1999;
repealing sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46, chapter 626,
Oregon Laws 1999, and sections 3 and 4, chapter 843, Oregon
Laws 1999; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 25 (amending ORS 181.594), 26
(amending ORS 181.594), 27 (amending ORS 181.595), 28 (amending
ORS 181.596), 29 (amending ORS 181.597), 30 (amending OR
181.598), 31 (amending ORS 181.599), 32 (amending ORS 181.601),
33 (amending ORS 181.586), 34 (amending ORS 137.540), 35
(amending ORS 144.102), 36 (amending ORS 144.270), 37 (amending
ORS 181.588), 38 (amending ORS 181.589), 39 (amending ORS
181.606), 40 (amending ORS 419A.260), 41 (amending ORS 181.600),
42 (amending ORS 181.603), 43 (amending ORS 181.604), 44
(amending ORS 423.478), 45 (amending ORS 163.345) and 46, chapter
626, Oregon Laws 1999, and sections 3 (amending ORS 181.586) and
4, chapter 843, Oregon Laws 1999, are repealed. + }
SECTION 2. Section 1, chapter 626, Oregon Laws 1999, is amended
to read:
{ + Sec. 1. + } (1) The Department of State Police shall
enter into the Law Enforcement Data System the sex offender
information obtained from the sex offender registration forms
submitted under ORS 181.595, 181.596 and 181.597. The department
shall remove from the Law Enforcement Data System the sex
offender information obtained from the sex offender registration
form submitted under ORS 181.595, 181.596 or 181.597 if the
conviction or adjudication that gave rise to the registration
obligation is reversed or vacated or if the registrant is
pardoned.
(2)(a) When a person is under supervision for the first time as
a result of a conviction for an offense requiring reporting as a
sex offender, the department, a chief of police or a county
sheriff shall release, upon request, only the following
information about the sex offender:
(A) The sex offender's name and date of birth;
(B) A physical description of the sex offender and a
photograph, if applicable;
(C) The name and zip code of the city where the sex offender
resides; and
(D) The name and telephone number of a contact person at the
agency that is supervising the sex offender.
(b) Notwithstanding paragraph (a) of this subsection, if the
sex offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of
State Police, chief or police or county sheriff shall release
only:
(A) The sex offender's name and year of birth;
(B) The name and zip code of the city where the sex offender
resides; and
(C) The name and telephone number of a contact person at the
agency that is supervising the sex offender.
(c) An agency that supervises a sex offender shall release,
upon request, any information that may be necessary to protect
the public concerning the sex offender.
(3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the
first time as sex offenders, the Department of State Police, a
chief of police or a county sheriff shall release, upon request,
any information that may be necessary to protect the public
concerning sex offenders who reside in a specific area or
concerning a specific sex offender. However, the entity releasing
the information may not release the identity of a victim of a sex
crime.
(4) { + (a) + } The department may make the information
described in subsections (2) and (3) of this section available to
the public, without the need for a request, by electronic or
other means. The department shall make information about a person
who is under supervision for the first time as a result of a
conviction for an offense that requires reporting as a sex
offender accessible only by the use of the sex offender's name.
For all other sex offenders, the department may make the
information accessible in any manner the department chooses.
{ + (b) Notwithstanding paragraph (a) of this subsection, the
department may use the Internet to make the information described
in subsections (2) and (3) of this section available to the
public only if the information is about a person determined to be
a predatory sex offender as provided in ORS 181.585 or found to
be a sexually violent dangerous offender under ORS 144.635. + }
(5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of
the national sex offender registry in accordance with appropriate
state and federal procedures.
(6) As used in this section:
(a) 'Sex crime' has the meaning given that term in ORS 181.594.
(b) 'Sex offender' means a person who is required to report
under ORS 181.595, 181.596 or 181.597.
SECTION 3. ORS 181.600 is amended to read:
181.600. (1)(a) No sooner than 10 years after termination of
supervision on probation, conditional release, parole or
post-prison supervision, a person required to report { - by - }
{ + under + } ORS 181.595, 181.596 or 181.597 may file a
petition in the circuit court of the county in which the person
resides for an order relieving the person of the duty to report
if:
(A) The person has only one conviction for, or juvenile court
finding of jurisdiction based on, a sex crime;
(B) The sex crime was a misdemeanor or Class C felony or, if
committed in another state, would have been a misdemeanor or
Class C felony if committed in this state; and
(C) The person has not been determined to be a predatory sex
offender as described in ORS 181.585.
(b) The district attorney of the county shall be named and
served as the respondent in the petition.
(2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
(a) The nature of the offense that required reporting;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
reporting;
(e) The period of time during which the petitioner has not
reoffended;
(f) Whether the petitioner has successfully completed a
court-approved sex offender treatment program; and
(g) Any other relevant factors.
(3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to report.
(4) No { - sooner than 10 years - } { + later than 90
days + } after the termination of juvenile court wardship of a
person required to report under ORS 181.595, 181.596 or 181.597,
the person may file a petition in the circuit court for relief
from the duty to report
{ - as provided in subsections (1) to (3) of this section - }
. { + The person, the district attorney of the county and the
juvenile department of the county are parties to a hearing on a
petition filed under this subsection.
(5) When a person files a petition under subsection (4) of this
section, the state has the burden of proving by clear and
convincing evidence that the person is not rehabilitated and
continues to pose a threat to the safety of the public. In
determining whether the state has met its burden of proof, the
court may consider but need not be limited to considering:
(a) The extent and impact of any physical or emotional injury
to the victim;
(b) The nature of the act that subjected the person to the duty
of reporting as a sex offender;
(c) Whether the person used or threatened to use force in
committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of
authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
(i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
(j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
(k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the court may consider:
(A) The availability, duration and extent of treatment
activities;
(B) Reports and recommendations from the providers of the
treatment;
(C) The person's compliance with court or supervision
requirements regarding treatment; and
(D) The quality and thoroughness of the treatment program;
(m) The person's academic and employment history;
(n) The person's use of drugs or alcohol before and after the
adjudication;
(o) The person's history of public or private indecency;
(p) The person's compliance with and success in completing the
terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by the continued
existence of the records; and
(s) Any other relevant factors. + }
SECTION 4. { + (1) The presumptive sentence for a sex crime
that is a felony is life imprisonment without the possibility of
release or parole if the defendant has been sentenced for sex
crimes that are felonies at least two times prior to the current
sentence.
(2) The court may impose a sentence other than the presumptive
sentence provided by subsection (1) of this section if the court
imposes a departure sentence authorized by the rules of the
Oregon Criminal Justice Commission based upon findings of
substantial and compelling reasons.
(3) For purposes of this section:
(a) Sentences for two or more convictions that are imposed in
the same sentencing proceeding are considered to be one sentence;
and
(b) A prior sentence includes:
(A) Sentences imposed before, on or after the effective date of
this 2001 Act; and
(B) Sentences imposed by any other state or federal court for
comparable offenses.
(4) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594. + }
SECTION 5. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation,
which shall be subject to the following general conditions unless
specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the probation officer to visit the probationer or
the probationer's residence or work site, and report as required
and abide by the direction of the supervising officer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If under supervision for, or previously convicted of, a sex
offense under ORS 163.305 to 163.467, and if recommended by the
supervising officer, successfully complete a sex offender
treatment program approved by the supervising officer and submit
to polygraph examinations at the direction of the supervising
officer.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) If required to report as a sex offender under ORS 181.596,
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 probationer's date of
birth.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the defendant for the
protection of the public or reformation of the offender, or both,
including, but not limited to, that the probationer shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
{ + (3) When a person who is a sex offender, as defined in
ORS 181.594, is released on probation, the Department of
Corrections or the county community corrections agency, whichever
is appropriate, shall notify the chief of police, if the person
is going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release. + }
{ - (3) - } { + (4) + } Failure to abide by all general and
special conditions imposed by the court and supervised by the
Department of Corrections or a county community corrections
agency may result in arrest, modification of conditions,
revocation of probation or imposition of structured, intermediate
sanctions in accordance with rules adopted under ORS 137.595.
{ - (4) - } { + (5) + } The court may at any time modify
the conditions of probation.
{ - (5) - } { + (6) + } A court may not order revocation of
probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (6) - } { + (7) + } It shall not be a cause for
revocation of probation that the probationer 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.
SECTION 6. ORS 144.260 is amended to read:
144.260. { + (1) + } Prior to the release on parole or
post-prison supervision of a convicted person from a Department
of Corrections institution, the chairperson of the State Board of
Parole and Post-Prison Supervision shall inform the Department of
Corrections, the district attorney and the sheriff or arresting
agency of the prospective date of release and of any special
conditions thereof and shall inform the sentencing judge and the
trial counsel upon request. { + If the person is a sex offender,
as defined in ORS 181.594, the chairperson shall also inform the
chief of police, if the person is going to reside within a city,
and the county sheriff of the county in which the person is going
to reside of the person's release and the conditions of the
person's release.
(2) + }At least 30 days prior to the release from actual
physical custody of any convicted person, other than by parole or
post-prison supervision, whether such release is pursuant to work
release, institutional leave, or any other means, the Department
of Corrections shall notify the district attorney of the
impending release and shall notify the sentencing judge upon
request.
{ + (3) + } The victim may request notification of the
release and if the victim has requested notification, the State
Board of Parole and Post-Prison Supervision or the Department of
Corrections, as the case may be, shall notify the victim in the
same fashion and under the same circumstances it is required to
give notification to other persons under this section.
SECTION 7. ORS 420A.122 is amended to read:
420A.122. (1) Prior to a youth offender's release or discharge
from a youth correction facility, the Oregon Youth Authority
shall notify the following of the release or discharge:
(a) Law enforcement agencies in the community in which the
youth offender is going to reside; and
(b) The school district in which the youth offender is going to
reside.
(2) The youth authority shall include in the notification:
(a) The youth offender's name and date of release or discharge;
(b) The type of placement to which the youth offender is
released; { - and - }
(c) Whether school attendance is a condition of release { + ;
and
(d) If the youth offender is a sex offender, as defined in ORS
181.594, all other conditions of release + }.
(3) The youth authority, a law enforcement agency or anyone
employed by or acting on behalf of the youth authority or law
enforcement agency who sends records under this section is not
liable civilly or criminally for failing to disclose the
information under this section.
(4) No later than seven days after a youth offender's release
or discharge from a youth correction facility, the Department of
Education or its contractor shall provide the youth offender's
education records to the school district in which the youth
offender enrolls.
SECTION 8. ORS 419C.446 is amended to read:
419C.446. (1) When a youth has been found to be within its
jurisdiction, and when the court determines it would be in the
best interest and welfare of the youth, the court may place the
youth on probation. The court may direct that the youth remain in
the legal custody of the youth's parents or other person with
whom the youth is living, or the court may direct that the youth
be placed in the legal custody of some relative or some person
maintaining a foster home approved by the court, or in a child
care center or a youth care center authorized to accept the
youth.
(2) The court may specify particular requirements to be
observed during the probation consistent with recognized juvenile
court practice, including but not limited to restrictions on
visitation by the youth's parents, restrictions on the youth's
associates, occupation and activities, restrictions on and
requirements to be observed by the person having the youth's
legal custody, requirements that the youth pay any assessment
under ORS 137.290, requirements for visitation by and
consultation with a juvenile counselor or other suitable
counselor, requirements to make restitution under ORS 419C.450,
requirements of a period of detention under ORS 419C.453,
requirements to pay a fine under ORS 419C.459, requirements to
pay a supervision fee under ORS 419C.449, requirements to perform
community service under ORS 419C.462, or service for the victim
under ORS 419C.465, or requirements to submit to blood or buccal
testing under ORS 419C.473.
{ + (3) If the youth is a sex offender, as defined in ORS
181.594, the juvenile department shall notify the chief of
police, if the youth is going to reside within a city, and the
county sheriff of the county in which the youth is going to
reside of the youth's release on probation and the requirements
imposed on the youth's probation under subsection (2) of this
section. + }
SECTION 9. { + The amendments to ORS 137.540, 144.260,
419C.446 and 420A.122 by sections 5 to 8 of this 2001 Act apply
to persons released on or after the operative date of this
section. + }
SECTION 10. ORS 181.588 is amended to read:
181.588. (1) Notwithstanding any other provision of law,
{ + when a person who has been under supervision by the
Department of Corrections or a community corrections agency is no
longer under supervision, + } the Department of State Police, the
chief of police of a city police department or a county sheriff
may notify the public that { - a - } { + the + } person is a
predatory sex offender 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 and the person
is not under active supervision by the Department of Corrections
or a community corrections agency - } { + :
(a) While the person was under supervision, the person was
determined to be a predatory sex offender as provided in ORS
181.585 and notification under ORS 181.586 was made to someone
other than the person's family; and
(b) The person's last primary supervising authority has
notified the Department of State Police that the person was under
a high level of supervision at the termination of the person's
most recent period of supervision + }.
{ + (2) 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 if:
(a) The Department of State Police, the chief of police or the
county sheriff determines that the person is a predatory sex
offender as provided in ORS 181.585; and
(b) The person was not under supervision in this state or for
some other reason was not subject to a determination under ORS
181.586. + }
{ - (2) - } { + (3) + } Notification under subsection (1)
{ + or (2) + } of this section may include distribution of any
information listed in ORS 181.586 (3).
SECTION 11. 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, the agency
supervising the person shall notify anyone whom the agency
determines is appropriate that the person is a predatory sex
offender.
(b) When a predatory sex offender 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, 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, the agency supervising the
person shall:
(a) Notify the Department of State Police of the person's
status as a predatory sex offender;
(b) Enter into the Law Enforcement Data System the fact that
the person is a predatory sex offender; 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, the agency supervising the person
shall:
(a) Notify the Department of State Police { + : + }
{ + (A) + } Of the person's status as a predatory sex
offender; { - and - }
{ + (B) Whether the agency made a notification regarding the
person under this section; and
(C) Of the person's level of supervision immediately prior to
termination of supervision; 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 { + and in establishing the
person's level of supervision + }.
(7) The agency supervising a person determined to be a
predatory sex offender shall verify the residence address of the
person every 90 days.
SECTION 12. { + Notwithstanding ORS 181.588 (1), 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 who is no longer under supervision is a predatory sex
offender if the department, chief of police or sheriff has
determined, prior to the effective date of this 2001 Act, that
the person is a predatory sex offender as provided in ORS
181.585. + }
SECTION 13. { + There is appropriated to the Department of
State Police, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $446,731 for the purpose of carrying
out the provisions of section 1, chapter 626, Oregon Laws
1999. + }
SECTION 14. { + Sections 4, 9 and 12 of this 2001 Act, the
repeals made by section 1 of this 2001 Act and the amendments to
statutes and session law sections by sections 2, 3, 5 to 8, 10
and 11 of this 2001 Act become operative on January 1, 2002. + }
SECTION 15. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
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