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 1713
 
                         Senate Bill 444
 
Sponsored by Senator METSGER; Senators L BEYER, BURDICK, DUNCAN,
  GORDLY, STARR, TROW, Representatives DEVLIN, GARDNER, KROPF,
  LEE, SCHRADER
 
 
                             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.
 
  Requires Department of Corrections and State Board of Parole
and Post-Prison Supervision to adopt rules to be followed when
deciding where to place certain sex offenders upon release from
custody.
 
                        A BILL FOR 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 likely to be present '
includes, but is not limited to, public and private elementary
and secondary schools and day care centers.
  (2) 'Sex offender' means a:
  (a) Sexually violent dangerous offender as defined in ORS
137.765;
  (b) Predatory sex offender as described in ORS 181.585; or
  (c) Sex offender, as defined in ORS 181.594, who poses a
significant risk to children. + }
  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
specific residence for a sex offender placed on probation or
released on post-prison supervision or parole. The department
shall include in the rules:
  (a) A general prohibition against allowing a sex offender to
reside near locations where children are likely to be present;
  (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 involved in the decision
making process before the final residence decision is made.
  (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 specific residence 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:
  (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 likely to be present;
  (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 involved in the decision
making process before the final residence decision is made.
  (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 residence of the sex offender. + }
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