71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 444
 
Sponsored by Senator METSGER; Senators L BEYER, BURDICK, DUNCAN,
  GORDLY, STARR, TROW, Representatives DEVLIN, GARDNER, KROPF,
  LEE, NELSON, SCHRADER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to sex offenders.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + As used in sections 2, 3 and 4 of this 2001
Act:
  (1) 'Locations where children are the primary occupants or
users' includes, but is not limited to, public and private
elementary and secondary schools and licensed day care centers.
  (2) 'Sex offender' means a:
  (a) Sexually violent dangerous offender as defined in ORS
137.765; or
  (b) Predatory sex offender as described in ORS 181.585.
  (3) 'Transitional housing' means housing intended to be
occupied by a sex offender for 45 days or less immediately after
release from incarceration. + }
  SECTION 2.  { + (1) The Department of Corrections, in
consultation with the State Board of Parole and Post-Prison
Supervision and community corrections agencies, shall adopt rules
establishing criteria to be considered in determining the
permanent residence requirements for a sex offender released on
post-prison supervision or parole. Transitional housing is not
subject to permanent residence requirements. The department shall
include in the rules:
  (a) A general prohibition against allowing a sex offender to
reside near locations where children are the primary occupants or
users;
  (b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized; and
  (c) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
  (2) Based upon the rules adopted under subsection (1) of this
section, the department shall develop a decision matrix to be
used in determining the permanent residence requirements for a
sex offender. + }
  SECTION 3.  { + (1) The State Board of Parole and Post-Prison
Supervision, in consultation with the Department of Corrections
and community corrections agencies, shall adopt rules
establishing criteria to be considered:
 
 
 
Enrolled Senate Bill 444 (SB 444-A)                        Page 1
 
 
 
  (a) In reviewing the proposed residence of a sex offender in a
release plan under ORS 144.096 or a parole plan under ORS
144.125; and
  (b) In determining the residence of a sex offender in a release
plan under ORS 144.096, as a condition of post-prison supervision
under ORS 144.102 or as a condition of parole under ORS 144.270.
  (2) The board shall include in the rules:
  (a) A general prohibition against allowing a sex offender to
reside near locations where children are the primary occupants or
users;
  (b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized; and
  (c) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
  (3) Based upon the rules adopted under subsections (1) and (2)
of this section, the board shall develop a decision matrix to be
used in determining the specific residence for a sex
offender. + }
  SECTION 4.  { + When a community corrections agency reviews a
proposed release plan for a sex offender, the agency shall follow
the rules adopted by and utilize the decision matrix developed by
the Department of Corrections under section 2 of this 2001 Act in
making decisions about the permanent residence of the sex
offender. + }
                         ----------
 
 
Passed by Senate March 22, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 21, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 444 (SB 444-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 444 (SB 444-A)                        Page 3