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 2005
Senate Bill 462
Sponsored by Senator ATKINSON, Representative WILSON (at the
request of Chuck Miller)
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.
Establishes registration system for persons convicted of arson
crimes. Defines arson crime.
A BILL FOR AN ACT
Relating to offender registration; amending ORS 137.540, 144.102,
144.270, 181.585, 181.594, 181.595, 181.596, 181.597, 181.599,
181.600, 181.602, 181.603 and 423.478 and section 23, chapter
626, Oregon Laws 1999.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.594 is amended to read:
181.594. As used in ORS 181.595, 181.596, 181.597 { + ,
181.600 + } and 181.603:
{ + (1) 'Arson crime' means:
(a) Arson in any degree;
(b) An attempt to commit arson in any degree;
(c) Unlawful possession of a destructive device; or
(d) Unlawful manufacture of a destructive device.
(2) 'Arson offender' means a person who:
(a) Has been convicted of an arson crime;
(b) Has been found guilty except for insanity of an arson
crime;
(c) Has been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute an arson crime; or
(d) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute an arson crime if committed in this state. + }
{ - (1)(a) - } { + (3)(a) + } 'Correctional facility' means
any place used for the confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined
under a court order.
(B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
(b) 'Correctional facility' applies to a state hospital only as
to persons detained therein charged with or convicted of a crime,
or detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370.
{ - (2) - } { + (4) + } 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state (1993
Edition);
(i) Paying for viewing a child's sexually explicit conduct
(1993 Edition);
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the victim was under 18
years of age;
(m) Contributing to the sexual delinquency of a minor;
(n) Sexual misconduct if the offender is at least 18 years of
age;
(o) Possession of materials depicting sexually explicit conduct
of a child in the first degree;
(p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
(q) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (p) of this subsection;
(r) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (p) or (s) of this
subsection; or
(s) Public indecency or private indecency, if the person has a
prior conviction for a crime listed in paragraphs (a) to (r) of
this subsection.
{ - (3) - } { + (5) + } 'Sex offender' means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for insanity of a sex crime;
(c) Has been 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; or
(d) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state.
SECTION 2. ORS 181.594, as amended by sections 25 and 26,
chapter 626, Oregon Laws 1999, is amended to read:
181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:
{ + (1) 'Arson crime' means:
(a) Arson in any degree;
(b) An attempt to commit arson in any degree;
(c) Unlawful possession of a destructive device; or
(d) Unlawful manufacture of a destructive device.
(2) 'Arson offender' means a person who:
(a) Has been convicted of an arson crime;
(b) Has been found guilty except for insanity of an arson
crime;
(c) Has been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute an arson crime; or
(d) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute an arson crime if committed in this state. + }
{ - (1)(a) - } { + (3)(a) + } 'Correctional facility' means
any place used for the confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined
under a court order.
(B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
(b) 'Correctional facility' applies to a state hospital only as
to persons detained therein charged with or convicted of a crime,
or detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370.
{ - (2) - } { + (4) + } 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state (1993
Edition);
(i) Paying for viewing a child's sexually explicit conduct
(1993 Edition);
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (k) of this subsection;
(m) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (k) or (n) of this
subsection; or
(n) Public indecency or private indecency, if the person has a
prior conviction for a crime listed in paragraphs (a) to (m) of
this subsection.
{ - (3) - } { + (5) + } 'Sex offender' means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for insanity of a sex crime;
(c) Has been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute a sex crime; or
(d) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state.
SECTION 3. ORS 181.595 is amended to read:
181.595. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person
reports under subsection (3) of this section shall complete a sex
offender { + or arson offender + } registration form { + ,
whichever is appropriate, + } concerning the person when the
person reports under subsection (3) of this section.
(b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
chief of police or a county sheriff and provide the supervising
agency with proof of the completed registration.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
(A) Conviction of a sex { + or arson + } crime;
(B) Having been found guilty except for insanity of a sex { +
or arson + } crime; or
(C) Having been 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 { + or arson + } crime;
(b) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex { + or arson + } crime if committed in this
state;
(c) Is paroled to or otherwise placed in this state after
having been found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex { + or arson + } crime if committed in
this state by an adult; or
(d) Is discharged by the court under ORS 161.329 after having
been found guilty except for insanity of a sex { + or arson + }
crime.
(3)(a) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional
release, the person shall report, in person, to the Department of
State Police, a chief of police or a county sheriff or to the
supervising agency, if any. Thereafter, the person shall report,
in person:
(A) Within 10 days of a change of residence; and
(B) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
(b) The person shall make the reports required by paragraph
(a)(A) and (B) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any.
(c) If the person required to report under this subsection is a
youth offender, as defined in ORS 419A.004, who is under
supervision, the person shall make the reports required by
paragraph (a) of this subsection to the agency supervising the
person.
(d) The obligation to report under this section terminates if
the conviction or adjudication that gave rise to the obligation
is reversed or vacated or if the registrant is pardoned.
(4) As part of the registration requirement under this section,
the Department of State Police, the chief of police, the county
sheriff or the supervising agency:
(a) Shall photograph the person and obtain the signature of the
person; and
(b) May fingerprint the person.
SECTION 4. ORS 181.595, as amended by section 27, chapter 626,
Oregon Laws 1999, is amended to read:
181.595. (1)(a) The official in charge of supervising a person
shall obtain the address where the person will reside upon
release and shall enter into the Law Enforcement Data System the
person's name and description, a description of the methodology
of the offense, the person's address and the originating code of
the parole or probation agency that is located closest to the
address of the person when the person:
(A) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
(i) Conviction of a sex { + or arson + } crime;
(ii) Having been found guilty except for insanity of a sex
{ + or arson + } crime; or
(iii) Having been found to be within the jurisdiction of the
juvenile court for having committed a crime that if committed by
an adult would constitute a sex { + or arson + } crime;
(B) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex { + or arson + } crime if committed in this
state; or
(C) Is paroled to or otherwise placed in this state after
having been found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex { + or arson + } crime if committed in
this state by an adult.
(b) The person in charge of supervising a person on active
parole, post-prison supervision or other supervised or
conditional release shall enter into the Law Enforcement Data
System any change in the address of the parolee or person being
supervised.
(2) Within 10 days following discharge, release from active
parole, post-prison supervision or other supervised or
conditional release, the person shall provide, in person, the
address of the person to the Oregon State Police, a chief of
police or a county sheriff. Thereafter, regardless of subsequent
convictions or supervision for future convictions, the person
shall provide, in person, the address of the person to the Oregon
State Police, a chief of police or a county sheriff:
(a) Within 10 days of a change of residence; and
(b) Once each year within 10 days of the person's birth date,
regardless of whether the person changed address.
(3) The Oregon State Police, the chief of police or the county
sheriff may photograph and fingerprint a person as part of the
registration requirement under this section.
SECTION 5. ORS 181.596 is amended to read:
181.596. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person
reports under subsection (4) of this section shall complete a sex
offender { + or arson offender + } registration form { + ,
whichever is appropriate, + } concerning the person when the
person reports under subsection (4) of this section.
(b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
chief of police or a county sheriff and provide the supervising
agency with proof of the completed registration.
(2) Subsection (4) of this section applies to a person who is
discharged, released or placed on probation:
(a) By the court after being convicted in this state of a sex
{ + or arson + } crime;
(b) By the juvenile court 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 { + or
arson + } crime;
(c) To this state under ORS 144.610 after being convicted in
another jurisdiction of a crime that would constitute a sex
{ + or arson + } crime if committed in this state; or
(d) To this state after having been found by a court in another
jurisdiction to have committed an act while the person was under
18 years of age that would constitute a sex { + or arson + }
crime if committed in this state by an adult.
(3) The court shall ensure that the person completes a form
that documents the person's obligation to report under ORS
181.595 or this section. No later than three working days after
the person completes the form required by this subsection, the
court shall ensure that the form is sent to the Department of
State Police.
(4)(a) Within 10 days following discharge or release, the
person shall report, in person, to the Department of State
Police, chief of police or county sheriff or to the supervising
agency, if any. Thereafter, the person shall report, in person:
(A) Within 10 days of a change of residence; and
(B) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
(b) The person shall make the reports required by paragraph
(a)(A) and (B) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any.
(c) If the person required to report under this subsection is a
youth offender, as defined in ORS 419A.004, who is under
supervision, the person shall make the reports required by
paragraph (a) of this subsection to the agency supervising the
person.
(d) The obligation to report under this section terminates if
the conviction or adjudication that gave rise to the obligation
is reversed or vacated or if the registrant is pardoned.
(5) As part of the registration requirement under this section,
the Department of State Police, the chief of police, the county
sheriff or the supervising agency:
(a) Shall photograph the person and obtain the signature of the
person; and
(b) May fingerprint the person.
SECTION 6. ORS 181.596, as amended by section 28, chapter 626,
Oregon Laws 1999, is amended to read:
181.596. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the probation agency of the county in which a
person intends to reside upon release shall enter into the Law
Enforcement Data System the person's name and description, the
description of the methodology of the offense, the address where
the person expects to reside upon release and the originating
code of the probation agency that is located closest to the
address of the person when the person is released or placed on
probation:
(A) By the court after being convicted in this state of a sex
{ + or arson + } crime;
(B) By the juvenile court 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 { + or
arson + } crime;
(C) To this state under ORS 144.610 after being convicted in
another jurisdiction of a crime that would constitute a sex
{ + or arson + } crime if committed in this state; or
(D) To this state after having been found by a court in another
jurisdiction to have committed an act while the person was under
18 years of age that would constitute a sex { + or arson + }
crime if committed in this state by an adult.
(b) When the court discharges the person or places the person
on bench probation, the district attorney shall cause the
information required by paragraph (a) of this subsection to be
entered into the Law Enforcement Data System.
(c) The court shall ensure that the person completes a form
that documents the person's obligation to register under ORS
181.595 or this section. No later than three working days after
the person completes the form required by this paragraph, the
court shall ensure that the form is sent to the Oregon State
Police.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, when a person is found guilty except for insanity of
a sex { + or arson + } crime and is discharged or released on
conditional release by the court or the Psychiatric Security
Review Board, the Psychiatric Security Review Board shall:
(A) Cause to be entered into the Law Enforcement Data System
the person's name and description, the description of the
methodology of the offense and the address where the person
expects to reside upon release;
(B) Have the person complete a form that documents the person's
obligation to register under ORS 181.595 or this section; and
(C) No later than three working days after the person completes
the form required by subparagraph (B) of this paragraph, send the
form to the Oregon State Police.
(b) When the person is discharged by the court, the district
attorney shall cause the information required by paragraph (a) of
this subsection to be entered into the Law Enforcement Data
System.
(3) Within 10 days following discharge or release under
subsection (1) or (2) of this section, the person shall provide,
in person, the address of the person to the Oregon State Police,
chief of police or county sheriff. Thereafter, regardless of
subsequent convictions or supervision for future convictions, the
person shall provide, in person, the address of the person to the
Oregon State Police, chief of police or county sheriff:
(a) Within 10 days of a change of residence; and
(b) Once each year within 10 days of the person's birth date,
regardless of whether the person changed address.
SECTION 7. ORS 181.597 is amended to read:
181.597. (1)(a) When a person listed in subsection (2) of this
section moves into this state and is not otherwise required by
ORS 181.595 or 181.596 to report, the person shall report, in
person, to the Department of State Police, a city police
department or a county sheriff's office:
(A) No later than 10 days after moving into this state;
(B) Within 10 days of a change of residence; and
(C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
(b) When a person listed in subsection (2) of this section
attends school or works in this state, resides in another state
and is not otherwise required by ORS 181.595 or 181.596 to
report, the person shall report, in person, to the department, a
city police department or a county sheriff's office no later than
10 days after:
(A) The first day of school attendance or the 14th day of
employment in this state; and
(B) A change in school enrollment or employment.
(c) As used in paragraph (b) of this subsection:
(A) 'Attends school' means enrollment in any type of school on
a full- or part-time basis.
(B) 'Works' means full- or part-time employment, with or
without compensation, for more than 14 days within a calendar
year.
(d) When a person reports under paragraph (a) of this
subsection, the agency or official to whom the person reports
shall complete a sex offender { + or arson offender + }
registration form { + , whichever is appropriate, + } concerning
the person.
(e) The obligation to report under this section terminates if
the conviction or adjudication that gave rise to the obligation
is reversed or vacated or if the registrant is pardoned.
(2) Subsection (1) of this section applies to:
(a) A person convicted in another jurisdiction of a crime if
the elements of the crime would constitute a sex { + or
arson + } crime;
(b) A person found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex { + or arson + } crime if committed in
this state by an adult; and
(c) A person required to register in another state for having
committed a sex offense in that state regardless of whether the
crime would constitute a sex crime in this state.
(3) As part of the registration required under this section,
the Department of State Police, a city police department or a
sheriff's office:
(a) Shall photograph the person and obtain the signature of the
person; and
(b) May fingerprint the person.
SECTION 8. ORS 181.597, as amended by section 29, chapter 626,
Oregon Laws 1999, is amended to read:
181.597. (1) When a person listed in subsection (2) of this
section moves into this state and is not otherwise required by
ORS 181.595 or 181.596 to register, the person shall provide, in
person, the address of the person to the Department of State
Police, a city police department or a county sheriff's office:
(a) No later than 10 days after moving into this state;
(b) Within 10 days of a change of residence; and
(c) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
(2) Subsection (1) of this section applies to:
(a) A person convicted in another jurisdiction of a crime if
the elements of the crime would constitute a sex { + or
arson + } crime;
(b) A person found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex { + or arson + } crime if committed in
this state by an adult; and
(c) A person required to register in another state for having
committed a sex offense in that state regardless of whether the
crime would constitute a sex crime in this state.
(3) The Department of State Police, a city police department or
a sheriff's office may photograph and fingerprint a person as
part of the registration required under subsections (1) and (2)
of this section.
SECTION 9. ORS 181.599 is amended to read:
181.599. (1) A person who is required to report as a sex
offender { + or arson offender + } and who has knowledge of the
reporting requirement commits the crime of failure to report as a
sex { + or arson + } offender if the person fails, as required
by ORS 181.595, 181.596 or 181.597, to:
(a) Make the initial report to the appropriate agency or
official;
(b) Report following a change of residence, school enrollment
or employment;
(c) Make an annual report; or
(d) Provide complete and accurate information.
(2) Except as otherwise provided in subsection (3) of this
section, failure to report as a sex { + or arson + } offender is
a Class A misdemeanor.
(3) Failure to report as a sex { + or arson + } offender is a
Class C felony if the person violates:
(a) Subsection (1)(a) of this section; or
(b) Subsection (1)(b) of this section and the crime for which
the person is required to report is a felony.
(4) A person who fails to sign and return an address
verification form as required by ORS 181.598 (2) commits a
violation.
SECTION 10. ORS 181.599, as amended by section 31, chapter 626,
Oregon Laws 1999, is amended to read:
181.599. (1) A person who is required to register as a sex
{ + or arson + } offender and who has knowledge of the
registration requirement commits the crime of failure to register
as a sex { + or arson + } offender if the person fails, as
required by ORS 181.595, 181.596 or 181.597, to:
(a) Make the initial registration with the appropriate law
enforcement agency;
(b) Register following a change of address; or
(c) File an annual registration.
(2) Except as otherwise provided in subsection (3) of this
section, failure to register as a sex { + or arson + } offender
is a Class A misdemeanor.
(3) Failure to register as a sex { + or arson + } offender is
a Class C felony if the person violates subsection (1)(a) or (b)
of this section and the crime for which the person is required to
register is a felony.
SECTION 11. 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 ORS
181.595, 181.596 or 181.597 { + as a sex offender + } 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)(a) No sooner than eight years after termination of
supervision on probation, conditional release, parole or
post-prison supervision, a person required to report by ORS
181.595, 181.596 or 181.597 as an arson offender 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, an arson crime; and
(B) The arson 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.
(b) The district attorney of the county shall be named and
served as the respondent in the petition. + }
{ - (2) - } { + (3) + } The court shall hold a hearing on
{ - the - } { + a + } petition { + filed under subsection
(1) or (2) of this section + }. 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) { + If the petitioner is a sex offender, + } whether the
petitioner has successfully completed a court-approved sex
offender treatment program; and
(g) Any other relevant factors.
{ - (3) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (1)
to (4) + } of this section.
SECTION 12. ORS 181.600, as amended by section 41, chapter 626,
Oregon Laws 1999, is amended to read:
181.600. (1) No sooner than 10 years after termination of
active supervision on probation, conditional release, parole or
post-prison supervision, a person required to register { - as
required - } by ORS 181.595 and 181.596 or 181.597 (1) and (2)
{ + as a sex offender + } 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 register. The district
attorney of the county shall be named and served as the
respondent in the petition.
{ + (2)(a) No sooner than eight years after termination of
active supervision on probation, conditional release, parole or
post-prison supervision, a person required to register by ORS
181.595 and 181.596 or 181.597 (1) and (2) as an arson offender
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 register if:
(A) The person has only one conviction for, or juvenile court
finding of jurisdiction based on, an arson crime; and
(B) The arson 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.
(b) The district attorney of the county shall be named and
served as the respondent in the petition. + }
{ - (2) - } { + (3) + } The court shall hold a hearing on
{ - the - } { + a + } petition { + filed under subsection
(1) or (2) of this section + }. In determining whether to grant
the relief requested, the court shall consider:
(a) The nature of the offense that required registration;
(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
registration;
(e) The period of time during which the petitioner has not
reoffended;
(f) { + If the petitioner is a sex offender, + } whether the
petitioner has successfully completed a court-approved sex
offender treatment program; and
(g) Any other relevant factors.
{ - (3) - } { + (4) + } 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 register.
{ - (4) - } { + (5) + } No sooner than 10 years after the
termination of juvenile court wardship of a person required to
register under ORS 181.595, 181.596 or 181.597 (1) and (2), the
person may file a petition in the circuit court for relief from
the duty to register as provided in subsections { - (1) to
(3) - } { + (1) to (4) + } of this section.
SECTION 13. ORS 181.602 is amended to read:
181.602. The purpose of ORS 181.594 to 181.601 is to assist law
enforcement agencies in preventing future sex { + and arson + }
offenses.
SECTION 14. ORS 181.603 is amended to read:
181.603. (1) When the court imposes sentence upon a person
convicted of a sex { + or arson + } crime the court shall notify
the person of the requirement to report as a sex offender { + or
arson offender + } under ORS 181.595 and 181.596.
(2) At the initial intake for incarceration or release on any
type of supervised release, the sex offender { + or arson
offender + } shall complete a form that documents the offender's
obligation to report under ORS 181.595 or 181.596. The Department
of State Police shall develop and provide the form. No later than
three working days after the sex offender { + or arson
offender + } completes the form, the person responsible for the
intake process shall send the form to the Department of State
Police.
SECTION 15. ORS 181.603, as amended by section 42, chapter 626,
Oregon Laws 1999, is amended to read:
181.603. (1) When the court imposes sentence upon a person
convicted of a sex { + or arson + } crime the court shall notify
the person of the requirement to register as a sex offender
{ + or arson offender + } under ORS 181.595 and 181.596.
(2) At the initial intake for incarceration or release on any
type of supervised release, the sex offender { + or arson
offender + } shall complete a form that documents the offender's
obligation to register under ORS 181.595 or 181.596. The
Department of State Police shall develop and provide the form. No
later than three working days after the sex offender { + or
arson offender + } completes the form, the person responsible for
the intake process shall send the form to the Department of State
Police.
SECTION 16. 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 { + or arson
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) 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) The court may at any time modify the conditions of
probation.
(5) 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) 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 17. ORS 137.540, as amended by section 34, chapter 626,
Oregon Laws 1999, 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 an arson 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) 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) The court may at any time modify the conditions of
probation.
(5) 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) 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 18. Section 23, chapter 626, Oregon Laws 1999, as
amended by section 23a, chapter 626, Oregon Laws 1999, is amended
to read:
{ + Sec. 23. + } (1) Except as otherwise provided in
subsection (2) of this section, sections 1 and 22 { + , chapter
626, Oregon Laws 1999, + }
{ - of this 1999 Act - } and the amendments to ORS 137.540,
144.102, 144.270, 181.586, 181.588, 181.589, 181.594, 181.595,
181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603,
181.604, 181.606, 419A.260 and 423.478 by sections 2 to 21 { + ,
chapter 626, Oregon Laws 1999, + } { - of this 1999 Act - }
apply to persons convicted of crimes before, on or after
{ - the effective date of this 1999 Act - } { + September 1,
1999 + }.
(2) The amendments to ORS 137.540, 144.102, 144.270, 181.586,
181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598,
181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260
and 423.478 by sections 2 to 21 { + , chapter 626, Oregon Laws
1999, + } { - of this 1999 Act - } apply to persons who, on or
after { - the effective date of this 1999 Act - } { +
September 1, 1999 + }, are:
(a) Convicted of a crime listed in ORS 181.594 { - (2)(L) - }
{ + (4)(L) + } to (p) or (s), an attempt to commit a crime
listed in ORS 181.594 { - (2)(L) - } { + (4)(L) + } to (p) or
burglary if committed with the intent to commit a crime listed in
ORS 181.594 { - (2)(L) - } { + (4)(L) + } to (p) or (s) or
convicted of an equivalent crime in another jurisdiction;
(b) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime listed in ORS 181.594 { - (2)(L) - } { +
(4)(L) + } to (p) or (s), an attempt to commit a crime listed in
ORS 181.594 { - (2)(L) - } { + (4)(L) + } to (p) or burglary
if committed with the intent to commit a crime listed in ORS
181.594 { - (2)(L) - } { + (4)(L) + } to (p) or (s); or
(c) Found by a court in another jurisdiction to have committed
an act while the person was under 18 years of age that if
committed by an adult would constitute the equivalent of a crime
listed in ORS 181.594 { - (2)(L) - } { + (4)(L) + } to (p) or
(s), an attempt to commit a crime listed in ORS 181.594
{ - (2)(L) - } { + (4)(L) + } to (p) or burglary if committed
with the intent to commit a crime listed in ORS 181.594
{ - (2)(L) - } { + (4)(L) + } to (p) or (s).
(3) The amendments to ORS 163.345 by section 24 { + , chapter
626, Oregon Laws 1999, + } { - of this 1999 Act - } apply to
offenses committed on or after { - the effective date of this
1999 Act - } { + September 1, 1999 + }.
SECTION 19. 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 { + or arson
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.
SECTION 20. 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.
{ + (i) If required to report as an arson 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.
SECTION 21. 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 { + or arson 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.
SECTION 22. 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 and if the inmate is
required to report as an arson 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. + }
SECTION 23. ORS 181.585 is amended to read:
181.585. (1) For purposes of ORS 181.585 to 181.587, a person
is a predatory sex offender if the person exhibits
characteristics showing a tendency to victimize or injure others
and has been convicted of a sex crime listed in ORS 181.594
{ - (2)(a) - } { + (4)(a) + } to (d), has been convicted of
attempting to commit one of those crimes or has been found guilty
except for insanity of one of those crimes.
(2) In determining whether a person is a predatory sex
offender, an agency shall use a sex offender risk assessment
scale approved by the Department of Corrections or a community
corrections agency.
SECTION 24. ORS 423.478 is amended to read:
423.478. (1) The Department of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of
incarceration for more than 12 months;
(b) Provide central information and data services sufficient
to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions,
supervision, services and programs, and future criminal conduct;
and
(c) Provide interstate compact administration and jail
inspections.
(2) Subject to ORS 423.483, the county, in partnership with the
department, shall assume responsibility for community-based
supervision, sanctions and services for offenders convicted of
felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration;
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for violation of a condition of parole,
probation or post-prison supervision; and
(f) On conditional release under ORS 420A.206.
(3) Notwithstanding the fact that the court has sentenced a
person to a term of incarceration, when an offender is committed
to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority. If the supervisory
authority releases a person from custody under this subsection
and the person is required to report as a sex offender { + or
arson offender + } under ORS 181.595, the supervisory authority,
as a condition of release, shall order the person to report to
the Department of State Police, a chief of police or a county
sheriff or to the supervising agency, if any:
(a) When the person is released; and
(b) Within 10 days of a change of residence.
SECTION 25. ORS 423.478, as amended by section 44, chapter 626,
Oregon Laws 1999, is amended to read:
423.478. (1) The Department of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of
incarceration for more than 12 months;
(b) Provide central information and data services sufficient
to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions,
supervision, services and programs, and future criminal conduct;
and
(c) Provide interstate compact administration and jail
inspections.
(2) Subject to ORS 423.483, the county, in partnership with the
department, shall assume responsibility for community-based
supervision, sanctions and services for offenders convicted of
felonies who are:
(a) On parole;
(b) On probation;
(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or
less incarceration;
(e) Sanctioned, on or after January 1, 1997, by a court or the
State Board of Parole and Post-Prison Supervision to 12 months or
less incarceration for violation of a condition of parole,
probation or post-prison supervision; and
(f) On conditional release under ORS 420A.206.
(3) Notwithstanding the fact that the court has sentenced a
person to a term of incarceration, when an offender is committed
to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the
sentence by imposing sanctions other than incarceration if deemed
appropriate by the supervisory authority. { + If the supervisory
authority releases a person from custody under this subsection
and the person is required to report as an arson offender under
ORS 181.595, the supervisory authority, as a condition of
release, shall order the person to report to the Department of
State Police, a chief of police or a county sheriff or to the
supervising agency, if any:
(a) When the person is released; and
(b) Within 10 days of a change of residence. + }
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