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
B-Engrossed
Senate Bill 370
Ordered by the Senate June 25
Including Senate Amendments dated May 29 and June 25
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 - }
{ + juvenile court jurisdiction + } 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, 419A.260, 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; limiting expenditures; 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 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. - }
SECTION 3a. { + (1)(a) No later than 90 days after the
termination of juvenile court jurisdiction over a person required
to report under ORS 181.595, 181.596 or 181.597, the person may
file a petition for relief from the duty to report. The person
must file the petition in the juvenile court in which the person
was adjudicated for the act that requires reporting.
(b) The juvenile court in which a petition under this section
is filed may transfer the matter to the juvenile court of the
county that last supervised the person if the court determines
that the convenience of the parties, the victim and witnesses
require the transfer.
(c) The juvenile court has exclusive original jurisdiction in
any proceeding under this section.
(d) The person, the district attorney and the juvenile
department are parties to a hearing on a petition filed under
this section.
(2) When a person files a petition under 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 juvenile 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 juvenile court may also consider:
(A) The availability, duration and extent of the 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.
(3) If the person or, if the person is less than 18 years of
age, the parent or guardian of the person requests counsel for
the person but is without sufficient financial means to employ
suitable counsel possessing skills and experience commensurate
with the nature of the petition, the court may appoint suitable
counsel to represent the person. Appointment of counsel under
this subsection is subject to ORS 419C.200, 419C.203, 419C.206
and 419C.209.
(4) When a petition is filed under this section, the state has
the right to have a psychosexual evaluation of the person
conducted. The state shall file notice with the juvenile court of
its intention to have the person evaluated. If the person objects
to the evaluator chosen by the state, the juvenile court for good
cause shown may direct the state to select a different evaluator.
(5) As soon as practicable after a petition has been filed
under this section, the district attorney shall make a reasonable
effort to notify the victim of the crime that the person has
filed a petition seeking relief under this section.
(6) When a juvenile court enters an order relieving a person of
the requirement to report under ORS 181.595, 181.596 or 181.597,
the person is responsible for sending a certified copy of the
juvenile court order to the Department of State Police. + }
SECTION 3b. ORS 419A.260 is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) Where a record is kept by the State Office for Services to
Children and Families or the Oregon Youth Authority, either the
sealing of such record by the office or the Oregon Youth
Authority or, in a multiperson file, the affixing to the front of
the file, by the office or the youth authority, a stamp or
statement identifying the name of the individual, the date of
expunction and instruction that no further reference shall be
made to the material that is subject to the expunction order
except upon an order of a court of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a student's academic record at a youth
correction facility, as defined in ORS 420.005;
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017; or
(xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
(K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law Enforcement Data System under
section 1, chapter 626, Oregon Laws 1999.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, { - and - } the legal effect of an expunction
order { + and the procedures for seeking relief from the duty to
report as a sex offender provided under section 3a of this 2001
Act + }, at the following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
SECTION 3c. { + Section 3a of this 2001 Act and the amendments
to ORS 419A.260 by section 3b of this 2001 Act apply only to
persons found to be within the jurisdiction of the juvenile court
for having committed, on or after the operative date of this
section, an act that requires reporting under ORS 181.595,
181.596 or 181.597. + }
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 3a, 3c, 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, 3b, 5 to
8, 10 and 11 of this 2001 Act become operative on January 1,
2002. + }
SECTION 15. { + Notwithstanding any other law limiting
expenditures for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds, for the biennium beginning July 1, 2001, the expenditure
limitation established for the Department of State Police for
criminal investigations and gaming activities and operations by
section 2 (3), chapter __, Oregon Laws 2001 (Enrolled Senate Bill
5538), is increased by $174,998 for the purpose of carrying out
the duties resulting from the enactment of section 1 of this 2001
Act. + }
SECTION 16. { + 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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