75th OREGON LEGISLATIVE ASSEMBLY--2009 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 718
A-Engrossed
House Bill 2169
Ordered by the House March 19
Including House Amendments dated March 19
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of 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.
Modifies crime of failure to report as sex offender and
procedures related to sex offender reporting.
A BILL FOR AN ACT
Relating to sex offender reporting; creating new provisions; and
amending ORS 137.540, 144.102, 144.270, 181.595, 181.596,
181.597, 181.598, 181.599 and 423.478.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 registration form 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 - } { + city police
department or a county sheriff's office + } 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 crime;
(B) Having been found guilty except for insanity of a sex
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 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 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 crime if committed in this state by an
adult;
(d) Is discharged or placed on conditional release by the
juvenile panel of the Psychiatric Security Review Board after
having been found to be responsible except for insanity under ORS
419C.411 for an act that would constitute a sex crime if
committed by an adult; or
(e) Is discharged by the court under ORS 161.329 after having
been found guilty except for insanity of a sex crime.
(3)(a) { + A person required to report under this section
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office or, if the
person is under supervision, to the supervising agency:
(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. - }
{ - (b) After making the report required by paragraph (a) of
this subsection, the person shall report, in person: - }
{ - (A) - } { + (B) + } Within 10 days of a change of
residence;
{ - (B) - } { + (C) + } Once each year within 10 days of
the person's birth date, regardless of whether the person changed
residence;
{ - (C) - } { + (D) + } Within 10 days of the first day the
person works at, carries on a vocation at or attends an
institution of higher education; and
{ - (D) - } { + (E) + } Within 10 days of a change in work,
vocation or attendance status at an institution of higher
education.
{ - (c) The person shall make the reports required by
paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any. - }
{ - (d) - } { + (b) + } If the person required to report
under this subsection is a youth offender or young person, as
defined in ORS 419A.004, who is under supervision, the person
shall { - make the reports required by paragraphs (a) and (b)
of this subsection - } { + report + } to the agency supervising
the person.
{ - (e) - } { + (c) + } The obligation to report under this
subsection 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 { + and reporting requirements
of + }
{ - requirement under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, the { - chief of
police, the county sheriff - } { + city police department, the
county sheriff's office + } or the supervising agency:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section and each
time the person reports annually under this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 2. 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 registration form 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 - } { + city police
department or a county sheriff's office + } 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
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 crime;
(c) 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; 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 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) A person required to report under this section
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office or, if the
person is under supervision, to the supervising agency: + }
{ - (4)(a) - } { + (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. - }
{ - (b) After making the report required by paragraph (a) of
this subsection, the person shall report, in person: - }
{ - (A) - } { + (B) + } Within 10 days of a change of
residence;
{ - (B) - } { + (C) + } Once each year within 10 days of
the person's birth date, regardless of whether the person changed
residence;
{ - (C) - } { + (D) + } Within 10 days of the first day the
person works at, carries on a vocation at or attends an
institution of higher education; and
{ - (D) - } { + (E) + } Within 10 days of a change in work,
vocation or attendance status at an institution of higher
education.
{ - (c) The person shall make the reports required by
paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any. - }
{ - (d) - } { + (b) + } 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 paragraphs (a) and (b) of this
subsection - } { + report + } to the agency supervising the
person.
{ - (e) - } { + (c) + } The obligation to report under this
subsection 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 { + and reporting requirements
of + }
{ - requirement under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, the { - chief of
police, the county sheriff - } { + city police department, the
county sheriff's office + } or the supervising agency:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section and each
time the person reports annually under this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 3. 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, 'attends
school' means enrollment in any type of school on a full-time or
part-time basis.
(d) When a person reports under paragraph (a) of this
subsection, the agency { - or official to whom - } { + to
which + } the person reports shall complete a sex offender
registration form 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 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 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 { + and reporting requirements
of + }
{ - required under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, a city police
department or a sheriff's office:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section, each time
the person reports annually under subsection (1)(a)(C) of this
section and each time the person reports under subsection
(1)(b)(B) of this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 4. ORS 181.599 is amended to read:
181.599. (1) A person who is required to report as a sex
offender and who has knowledge of the reporting requirement
commits the crime of failure to report as a sex 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 when the person works at, carries on a vocation at
or attends an institution of higher education;
(c) Report following a change of residence, school enrollment
or employment status, including enrollment, employment or
vocation status at an institution of higher education;
(d) Make an annual report; { - or - }
(e) Provide complete and accurate information { + ;
(f) Sign the sex offender registration form as required; or
(g) Submit to fingerprinting or to having a photograph taken of
the person's face, identifying scars, marks or tattoos + }.
(2) Except as otherwise provided in subsection (3) of this
section, failure to report as a sex offender is a Class A
misdemeanor.
(3) Failure to report as a sex offender is a Class C felony if
the person violates:
(a) Subsection (1)(a) of this section; or
(b) Subsection (1)(b) { + , + } { - or - } (c) { + or
(f) + } 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 5. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation
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 parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
(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 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 if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) 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 - } { + city police department, a
county sheriff's office + } or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(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 probationer for
the protection of the public or reformation of the probationer,
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 is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469.160.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
(4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
(5) 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 - } { +
city police department + }, if the person is going to reside
within a city, and the county { - sheriff - } { + sheriff's
office + } of the county in which the person is going to reside
of the person's release and the conditions of the person's
release.
(6) 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.
(7) The court may at any time modify the conditions of
probation.
(8) 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.
(9) It is not 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.
(10) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 6. 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 may not order
a person to pay a fee in excess of $5 under this paragraph.
(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a { - chief of
police, a county sheriff - } { + city police department, a
county sheriff's office + } or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the person's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines
necessary because of the individual circumstances of the person
on post-prison supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under
18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use
primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board, supervisory
authority or supervising officer, or in which more than one other
sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or the director
of the supervisory authority, or a designee of the board or
director. As soon as practicable, the supervising officer of a
person subject to the requirements of this subparagraph shall
review the person's living arrangement with the person's sex
offender treatment provider to ensure that the arrangement
supports the goals of offender rehabilitation and community
safety. As used in this subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of
the person's post-prison supervision that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (6) of this section;
(ii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the
commission of the crime;
(iii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would
be materially significant in aiding in the rehabilitation of the
person or in the success of the post-prison supervision; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
post-prison supervision described in this paragraph at the time
of sentencing in person or through the prosecuting attorney. A
victim's request may be included in the judgment document.
(C) If the board or supervisory authority imposes the special
condition of post-prison supervision described in this paragraph
and if at any time during the period of post-prison supervision
the victim moves to within three miles of the person's residence,
the board or supervisory authority may not require the person to
change the person's residence in order to comply with the special
condition of 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 of the following:
(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;
and
(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.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 7. 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)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances
of the parolee.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
(A) Agreement to comply with any curfew set by the board or the
supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board or supervising
officer, at a place where persons under 18 years of age regularly
congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board or supervising officer, at,
or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons
under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or supervising
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides unless
approved by the board or a designee of the board. As soon as
practicable, the supervising officer of a person subject to the
requirements of this subparagraph shall review the person's
living arrangement with the person's sex offender treatment
provider to ensure that the arrangement supports the goals of
offender rehabilitation and community safety. As used in this
subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, or an assault, as defined in
ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special
condition of the person's parole that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (5) of this section;
(ii) The person demonstrates to the board by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the parole; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
parole described in this paragraph at the time of sentencing in
person or through the prosecuting attorney. A victim's request
may be included in the judgment document.
(C) If the board imposes the special condition of parole
described in this paragraph and if at any time during the period
of parole the victim moves to within three miles of the parolee's
residence, the board may not require the parolee to change the
parolee's residence in order to comply with the special condition
of parole.
(4) It is not 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 given that term 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 that 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 of the following:
(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;
and
(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 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 - } { + city police department, a county sheriff's
office + } or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the inmate's date of
birth;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 8. ORS 181.598 is amended to read:
181.598. (1) Agencies { - and officials - } required to
register offenders under ORS 181.595, 181.596 and 181.597 shall
use forms provided by the Department of State Police. The
department shall include places on the form to list all the names
used by the offender and the address of the offender. No later
than three working days after registration, the agency or
official completing the form shall:
(a) Send the original copy of the registration form to the
department; or
(b) Forward the registration information to the department by
any means and, within 10 working days after registration, send
the original copy of the registration form to the department.
(2) If the person is no longer under supervision, the
department shall verify the residence address of a person
determined to be a sexually violent dangerous offender as defined
in ORS 137.765 every 90 days by mailing a verification form to
the person at the person's last reported residence address. No
later than 10 days after receiving the form, the person shall
sign and return the form to the department.
(3) The department shall assess a person who is required to
report under ORS 181.595, 181.596 or 181.597 and who is not under
supervision a fee of $70 each year. Moneys received by the
department under this subsection are continuously appropriated to
the department for the purpose of carrying out the department's
duties under ORS 181.585 to 181.587, 181.588, 181.589, 181.594,
181.595, 181.596, 181.597, 181.598, 181.599, 181.601, 181.602,
181.603, 181.604, 181.605, 181.606 and 181.820.
SECTION 9. 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 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 - } { +
city police department or a county sheriff's office + } or to the
supervising agency, if any:
(a) When the person is released;
(b) Within 10 days of a change of residence;
(c) Once each year within 10 days of the person's birth date;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(4) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 10. { + The amendments to ORS 181.595, 181.596,
181.597 and 181.599 by sections 1 to 4 of this 2009 Act apply to
persons required to report on or after the effective date of this
2009 Act. + }
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