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 913
A-Engrossed
House Bill 2175
Ordered by the House March 4
Including House Amendments dated March 4
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 class of non-Oregon convictions or juvenile
delinquency adjudications that require sex offender reporting.
{ + Requires interstate compact administrators to determine
whether person transferring supervision to Oregon is required to
report as sex offender under Oregon law. Requires administrators
to notify person before responding to request to transfer
supervision to this state. + }
A BILL FOR AN ACT
Relating to sex offender reporting; creating new provisions; and
amending ORS 135.873, 137.540, 144.102, 144.270, 181.585,
181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.826,
181.830, 181.833 and 423.478 and section 6, chapter 627, Oregon
Laws 2007, section 1, chapter 35, Oregon Laws 2008, and section
2, chapter 50, Oregon Laws 2008.
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 { + this section and + } ORS 181.595,
181.596, 181.597 { + , + } { - and - } 181.603 { + , 181.826,
181.830 and 181.833 + }:
{ + (1) 'Another United States court' means a federal court,
a military court, the tribal court of a federally recognized
Indian tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands. + }
{ - (1) - } { + (2) + } 'Attends' means is enrolled on a
full-time or part-time basis.
{ - (2)(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 or a
secure intensive community inpatient facility 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.
{ - (3) - } { + (4) + } 'Institution of higher education'
means a public or private educational institution that provides a
program of post-secondary education.
{ - (4) - } { + (5) + } '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;
(i) Paying for viewing a child's sexually explicit conduct;
(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) Online sexual corruption of a child in any degree if the
offender reasonably believed the child to be more than five years
younger than the offender;
(r) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (q) of this subsection;
(s) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (q) or (t) of this
subsection; or
(t) Public indecency or private indecency, if the person has a
prior conviction for a crime listed in this subsection.
{ - (5) - } { + (6) + } '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 - } { + United States
court + } of a crime that would constitute a sex crime if
committed in this state { + ; or
(e) Is paroled to or otherwise placed in this state after
having been found by another United States court 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 + }.
{ - (6) - } { + (7) + } 'Works' or 'carries on a vocation'
means full-time or part-time employment for more than 14 days
within one calendar year whether financially compensated,
volunteered or for the purpose of governmental or educational
benefit.
SECTION 2. 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 - }
{ + to which + } 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 - } { + city + } police { + department + } or a
county { + sheriff's office + }
{ - 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 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 - } { + United States
court + } 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 - } { + United States court + } 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 described in subsection (2) of 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 requirement under this section,
the Department of State Police, the { - chief of - } { +
city + } police { + department + }, the county { + sheriff's
office + } { - sheriff - } or the supervising agency:
(a) Shall photograph the person and obtain the signature of the
person; and
(b) May fingerprint the person.
SECTION 3. 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 - }
{ + to which + } 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 - } { + city + } police { + department + } or a
county { + sheriff's office + }
{ - 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
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 - } { + United States court + } 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 - } { + United States
court + } 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 described in subsection (2) of 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 { + , + }
{ - or - } release { + or placement on probation; + } { - ,
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 requirement under this section,
the Department of State Police, the { - chief of - } { +
city + } police { + department + }, the county { + sheriff's
office + } { - 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 181.597 is amended to read:
181.597. (1)(a) When a person { - listed - }
{ + described + } 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 - } { + described + } 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 { + of State Police + }, 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) When a person described in subsection (2) of this
section resides in this state at the time of the conviction or
adjudication giving rise to the obligation to report, continues
to reside in this state following the conviction or adjudication
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) Within 10 days following:
(i) Discharge, release on parole or release on any form of
supervised or conditional release, from a jail, prison or other
correctional facility or detention facility; or
(ii) Discharge, release or placement on probation, by another
United States court;
(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 has changed residence. + }
{ - (c) - } { + (d) + } 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) - } { + (e) + } 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) - } { + (f) + } 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 - } { +
United States court + } of a crime if the elements of the crime
would constitute a sex crime;
(b) A person found by { - a court in another jurisdiction - }
{ + another United States court + } 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 required under this section,
the Department of State Police, { - a - } { + the + } city
police department or
{ - a - } { + the + } sheriff's office:
(a) Shall photograph the person and obtain the signature of the
person; and
(b) May fingerprint the person.
SECTION 5. 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.
(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) 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 6. ORS 181.826 is amended to read:
181.826. (1) Except as provided in subsection (6) of this
section, when a person is required to report under ORS 181.595,
181.596 or 181.597 as a result of having been found in a juvenile
adjudication { + in another United States 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, the person 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 been registered as a sex offender in this
state for at least two years;
(b) At least two years, but not more than five years, have
elapsed since the termination of supervision on probation or
parole; and
(c) The person submits with the petition all releases and
waivers necessary to allow the district attorney for the county
in which the petition is filed to obtain the following documents
from the jurisdiction in which the person was adjudicated for
the { + act for which reporting is required + } { - sex
crime - } :
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the { - sex crime - } { +
act + } for which reporting is required;
(F) The order terminating jurisdiction for the { - sex
crime - } { + act + } for which reporting is required; and
(G) The evaluation and treatment records or reports of the
person that are related to the { - sex crime - } { + act + }
for which reporting is required.
(2) A person filing a petition under this section has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public.
(3) Unless the court finds good cause for a continuance, the
court shall hold a hearing on the petition no sooner than 90 days
and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of this section, if a
person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years.
(5) If a person who files a petition under this section is
required to report as a sex offender for having committed an act
that if committed in this state could have subjected the person
to prosecution as an adult under ORS 137.707, the court may not
grant the petition notwithstanding the fact that the person has
met the burden of proof established in subsection (2) of this
section unless the court determines that to do so is in the
interest of public safety.
(6) This section does not apply to a person who is required to
register as a sex offender for life in the jurisdiction in which
the offense occurred.
(7) In a hearing under this section, the court may receive
testimony, reports and other evidence without regard to whether
the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determination and
findings required under this section. As used in this subsection,
' relevant evidence' has the meaning given that term in ORS
40.150.
(8) If the court is satisfied by clear and convincing evidence
that the person is rehabilitated and that the person does not
pose a threat to the safety of the public, the court shall enter
an order relieving the person of the duty to report. When the
court enters an order under this subsection, the person shall
send a certified copy of the court order to the Department of
State Police.
SECTION 7. ORS 181.833 is amended to read:
181.833. (1) A person who meets the criteria described in ORS
181.830 and seeks relief from the requirement to report under ORS
181.595, 181.596 or 181.597 shall:
(a) If the person was convicted in this state of the offense or
adjudicated in this state for the act giving rise to the
obligation to report, file a motion for relief from the
requirement to report and an affidavit of eligibility with the
circuit court of the county in which the person was convicted or
adjudicated and serve a copy of the motion and affidavit on the
district attorney for that county.
(b) If the person was convicted in another
{ - jurisdiction - } { + United States court + } of
{ - an - } { + the + } offense or adjudicated in another
{ - jurisdiction - } { + United States court + } for
{ - an - } { + the + } act giving rise to the obligation to
report, file a petition for relief from the requirement to report
and an affidavit of eligibility with the circuit court of the
county in which the person resides and serve a copy of the
petition and affidavit on the district attorney for that county.
(2) The court shall schedule a hearing more than 90 days from
the date of the filing described in subsection (1) of this
section. The court shall notify the person and the district
attorney of the date of the hearing.
(3)(a) Upon receipt of the affidavit described in subsection
(1) of this section, the district attorney shall determine
whether the district attorney contests the request for relief.
(b) If the district attorney does not contest the request for
relief, the district attorney shall submit an order to the court
relieving the person of the reporting requirements described in
ORS 181.595, 181.596 or 181.597. The court shall enter the order.
(c) If the district attorney contests the request for relief,
the district attorney shall notify the person of that
determination within 90 days.
(4) At the hearing, the state has the burden of proving that
the person does not meet the eligibility requirements described
in ORS 181.830.
(5)(a) If the court finds, by a preponderance of the evidence,
that the person does not meet the eligibility requirements
described in ORS 181.830, the court shall enter an order denying
the request for relief.
(b) If the court does not make the finding described in
paragraph (a) of this subsection, the court shall enter an order
relieving the person from the requirement to report.
(6)(a) If the court relieves the person from the requirement to
report, the person shall send a certified copy of the court order
to the Department of State Police.
(b) Upon receipt of the order, the Department of State Police
shall remove from the Law Enforcement Data System the sex
offender information obtained from the sex offender registration
form submitted under ORS 181.595, 181.596 or 181.597.
(7) The order entered under subsection (5) of this section is
not subject to appeal.
(8) The Oregon Evidence Code does not apply to the hearing
described in subsection (4) of this section.
SECTION 8. Section 6, chapter 627, Oregon Laws 2007, is amended
to read:
{ + Sec. 6. + } { - Section 3 of this 2007 Act - }
{ + ORS 181.833 + } applies to persons:
(1) Convicted of an offense or adjudicated for an act in this
state before { - the effective date of this 2007 Act - }
{ + January 1, 2008 + }; and
(2) Convicted of an offense or adjudicated for an act in
another { - jurisdiction - } { + United States court + }
before, on or after
{ - the effective date of this 2007 Act - } { + January 1,
2008 + }.
SECTION 9. ORS 181.830 is amended to read:
181.830. A person otherwise required to report under ORS
181.595, 181.596 or 181.597 is not required to report, and if
currently reporting is no longer required to report, if:
(1)(a) The person has been convicted of:
(A) Rape in the third degree as defined in ORS 163.355;
(B) Sodomy in the third degree as defined in ORS 163.385;
(C) Sexual abuse in the third degree as defined in ORS 163.415;
(D) Contributing to the sexual delinquency of a minor as
defined in ORS 163.435;
(E) Sexual misconduct as defined in ORS 163.445; or
(F) An attempt to commit an offense listed in subparagraphs (A)
to (E) of this paragraph;
(b) The person has been found guilty except for insanity of an
offense listed in paragraph (a) of this subsection;
(c) The person 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 an offense listed in paragraph (a)
of this subsection; or
(d) The person is paroled to this state under ORS 144.610 after
being convicted in another { + United States court + }
{ - jurisdiction - } of a crime that would constitute an
offense listed in paragraph (a) of this subsection;
(2)(a) The person is less than five years older than the
victim;
(b) The victim's lack of consent was due solely to incapacity
to consent by reason of being less than a specified age;
(c) At the time of the offense or act, the person had no prior
conviction for { - an offense listed in ORS 181.594 (4) - }
{ + a sex crime + } or adjudication for an act that if
committed by an adult would constitute { - an offense listed in
ORS 181.594 (4) - } { + a sex crime + }, or no prior conviction
or adjudication { + in another United States court + } for
conduct { - in another jurisdiction - } that if committed in
this state by an adult would constitute { - an offense listed
in ORS 181.594 (4) - } { + a sex crime + }; and
(d) The victim was at least 14 years of age at the time of the
offense or act; and
(3) The court enters an order relieving the person of the
requirement to report under ORS 181.832 or 181.833.
SECTION 10. ORS 135.873 is amended to read:
135.873. (1) As used in this section:
(a) 'Local government' has the meaning given that term in ORS
174.116.
(b) 'Sexual offense' includes but is not limited to a
{ - crime listed in - } { + sex crime as defined in + } ORS
181.594 { - (4) - } .
(c) 'State government' has the meaning given that term in ORS
174.111.
(d) 'Victim' has the meaning given that term in ORS 131.007.
(2) Upon a showing of good cause, the court may at any time
order that specified disclosures be denied, restricted or
deferred, or make such other order as is appropriate.
(3) Upon request of any party, the court may permit a showing
of good cause for denial or regulation of disclosures, or portion
of such showing, to be made in camera. A record shall be made of
such proceedings.
(4) If the court enters an order granting relief following a
showing in camera, the entire record of the showing shall be
sealed and preserved in the records of the court, to be made
available to the appellate court in the event of an appeal.
Except for information or materials subject to an order that has
been entered under subsection (5) or (6) of this section, the
trial court, in its discretion, may, after the case has been
concluded, unseal matters previously sealed.
(5) Upon the request of a district attorney or the victim, the
court shall enter a protective order prohibiting any party to or
attorney in, or the agent of a party to or attorney in, criminal
proceedings involving a sexual offense, an offense involving the
visual or audio recording of sexual conduct by a child or
invasion of personal privacy under ORS 163.700 from copying or
disseminating any information of a sexually explicit nature
including, but not limited to, photographs depicting a person in
a state of nudity, photographs of human genitalia, any
information of the prior sexual history of the victim and any
visual or audio recording of the sexual victimization.
(6) Upon the request of a district attorney or the victim,
unless the court finds good cause to do otherwise, the court
shall enter a protective order prohibiting any party to or
attorney in, or the agent of a party to or attorney in, criminal
proceedings involving a sexual offense, an offense involving the
visual or audio recording of sexual conduct by a child or
invasion of personal privacy under ORS 163.700 from copying or
disseminating a visual or audio recording of the victim
describing the victim's sexual victimization.
(7) Notwithstanding a protective order entered under subsection
(5) or (6) of this section, information or materials described in
subsections (5) and (6) may be copied or disseminated for the
purpose of:
(a) Providing discovery;
(b) Submitting evidence to a grand jury, a court, an agency of
state government, a local government or a federal agency for use
in judicial or administrative proceedings;
(c) Having the information or materials examined by an expert
witness for the court, the state or any party;
(d) Providing copies of the information or materials to the
parties' attorneys or agents; or
(e) Sharing the information or materials with an agency of
state government for use in carrying out duties imposed on the
agency by statute.
(8) Upon the request of the victim, the court may order that
the victim be provided with a copy of information or materials
described in subsections (5) and (6) of this section.
SECTION 11. 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 - }
{ + city + } police { + department + }, a county
{ - sheriff - } { + 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, if the person is
going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release.
(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 12. 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 - }
{ + city + } police { + department + }, a county
{ - sheriff - } { + 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 13. 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 - } { + city + }
police { + department + }, a county { - sheriff - }
{ + 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 14. 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
{ - (4)(a) - } { + (5)(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 15. 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 16. 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 - } { + city + } police { +
department + } or a county { - sheriff - } { + 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 17. Section 1, chapter 35, Oregon Laws 2008, is amended
to read:
{ + Sec. 1. + } (1) When a court sentences a defendant to a
term of incarceration that exceeds one year, the defendant may
request a determination of the defendant's eligibility for
release on post-prison supervision under ORS 421.508 (4). The
court shall order in the judgment that the Department of
Corrections may release the defendant on post-prison supervision
under ORS 421.508 (4) only if, after a hearing, the court finds
that:
(a) The defendant meets the eligibility requirements of
subsections (2) and (3) of this section;
(b) The defendant was not on probation, parole or post-prison
supervision for an offense listed in ORS 137.712 (4) or 811.705
(2)(b) at the time of the commission of the current crime of
conviction;
(c) The defendant has not previously been released on
post-prison supervision under ORS 421.508 (4);
(d) The harm or loss caused by the crime is not greater than
usual for that type of crime;
(e) The crime was not part of an organized criminal operation;
and
(f) After considering the nature of the offense and the harm to
the victim, the defendant's successful completion of the program
would:
(A) Increase public safety;
(B) Enhance the likelihood that the defendant would be
rehabilitated; and
(C) Not unduly reduce the appropriate punishment.
(2) Except as provided in subsection (4) of this section, a
defendant may not be released on post-prison supervision under
ORS 421.508 (4) if the defendant is being sentenced for a crime
under ORS 163.145, 163.165 (1)(a) or (b), 163.525 or 811.705
(2)(b).
(3) A defendant may not be released on post-prison supervision
under ORS 421.508 (4) if the defendant is being sentenced for a
crime listed in ORS 137.700, 137.707 { - , - } { + or + }
163.095 or { + a sex crime as defined in ORS + } 181.594
{ - (4) - } .
(4) Notwithstanding subsection (1) of this section, the parties
may stipulate to a defendant's eligibility for release on
post-prison supervision under ORS 421.508 (4). If the court
accepts the stipulation, the court does not need to make explicit
findings regarding the factors described in subsection (1)(b) to
(f) of this section. The parties may not stipulate to the
defendant's release on post-prison supervision under ORS 421.508
(4) if the defendant is being sentenced for a crime described in
subsection (3) of this section.
(5) If the court makes the findings described in subsection (1)
of this section or accepts the stipulation of the parties under
subsection (4) of this section, the court shall:
(a) Order on the record in open court as part of the sentence
imposed that the defendant may be considered by the department
for release on post-prison supervision under ORS 421.508 (4); and
(b) Include the order described in paragraph (a) of this
subsection in the judgment.
(6) Subject to the requirements of this section, the court may
order that the defendant serve a minimum period of incarceration
before the defendant is released on post-prison supervision under
ORS 421.508 (4). Nothing in this section authorizes the release
of the defendant on post-prison supervision before the defendant
has served the period of time described in ORS 421.508 (4)(b).
SECTION 18. Section 2, chapter 50, Oregon Laws 2008, is amended
to read:
{ + Sec. 2. + } (1)(a) When a youth makes a first appearance
before the juvenile court on a petition described in subsection
(4) of this section alleging that the youth is within the
jurisdiction of the juvenile court under ORS 419C.005, the
district attorney or other person filing the petition under ORS
419C.250 shall notify:
(A) The superintendent of the school district in which the
youth resides or the superintendent's designee; or
(B) If the person filing the petition has information that the
youth is enrolled in a private school or charter school, the
principal of the school in which the youth is enrolled.
(b) If the juvenile court sets aside or dismisses a petition as
provided in ORS 419C.261 for which notice was given under
subsection (1)(a) of this section, or if the juvenile court
determines that the youth is not within the jurisdiction of the
juvenile court, the district attorney or other person prosecuting
the case shall notify:
(A) The superintendent of the school district in which the
youth resides or the superintendent's designee; or
(B) If the person prosecuting the case has information that the
youth is enrolled in a private school or charter school, the
principal of the school in which the youth is enrolled.
(2) The notice required under subsection (1) of this section
may be communicated by mail or other method of delivery,
including but not limited to electronic transmission. The notice
must include:
(a) The name and date of birth of the youth;
(b) The names and addresses of the youth's parents or
guardians;
(c) The alleged basis for the juvenile court's jurisdiction
over the youth;
(d) The act alleged in the petition that, if committed by an
adult, would constitute a crime; and
(e) If notice is required under subsection (1)(b) of this
section, that portion of the juvenile court order providing for
the legal disposition of the youth.
(3) The notice required under subsection (1) of this section
must be given within 15 days after:
(a) The youth makes a first appearance before the juvenile
court on a petition;
(b) The petition is dismissed or set aside; or
(c) The juvenile court determines that the youth is not within
the jurisdiction of the juvenile court after a hearing on the
merits of the petition.
(4) This section applies to petitions filed alleging that the
youth engaged in conduct that, if committed by an adult, would
constitute a crime involving:
(a) Harm or threatened harm to another person, including
criminal homicide, felony assault or any attempt to cause serious
physical injury to another person;
(b) Sexual assault of an animal or animal abuse in any degree;
(c) A sex offense listed in ORS 181.594 { - (4) - } , except
for rape in the third degree under ORS 163.355;
(d) A weapon, as defined in ORS 166.360, or the threatened use
of a weapon;
(e) Possession or manufacture of a destructive device, as
defined in ORS 166.382, or possession of a hoax destructive
device, as defined in ORS 166.385; or
(f) An offense for which manufacture or delivery of alcohol or
a controlled substance is an element of the crime.
(5) Except as otherwise provided in ORS 192.490, a person who
sends or receives notice under this section is not civilly or
criminally liable for failing to disclose the information under
this section.
SECTION 19. { + (1) Before granting permission to a sending
state to authorize a delinquent juvenile on probation or parole
to reside in this state, the Juvenile Compact Administrator
described in ORS 417.040 shall determine whether the delinquent
juvenile is required to report as a sex offender under ORS
181.595, 181.596 or 181.597. If the delinquent juvenile is
required to report as a sex offender, the Juvenile Compact
Administrator shall notify the sending state, the delinquent
juvenile and the attorney for the delinquent juvenile of the
obligation to report before granting permission for the
delinquent juvenile to reside in this state.
(2) As used in this section, 'delinquent juvenile, ' '
probation or parole' and 'sending state' have the meanings given
those terms in ORS 417.030. + }
SECTION 20. { + (1) Before responding to a transfer request
under the Interstate Compact for Adult Offender Supervision
described in ORS 144.600, the Compact Administrator shall
determine whether the offender is required to report as a sex
offender under ORS 181.595, 181.596 or 181.597. If the offender
is required to report as a sex offender, the Compact
Administrator shall notify the sending state, the offender and
the offender's attorney of the obligation to report before
accepting the transfer of the offender.
(2) As used in this section, 'Compact Administrator' and '
offender' have the meanings given those terms in ORS 144.600. + }
SECTION 21. { + (1) The amendments to ORS 181.595 by section 2
of this 2009 Act apply to persons paroled to or otherwise placed
in this state on or after the effective date of this 2009 Act.
(2) The amendments to ORS 181.596 by section 3 of this 2009 Act
apply to persons discharged, released or placed on probation to
this state on or after the effective date of this 2009 Act.
(3)(a) Except as provided in paragraph (b) of this subsection,
the amendments to ORS 181.597 by section 4 of this 2009 Act apply
to persons who move into this state, or whose first day of school
attendance or work in this state occurs, on or after effective
date of this 2009 Act.
(b) ORS 181.597 (1)(c) applies to persons convicted of a crime
or adjudicated for an act on or after the effective date of this
2009 Act.
(4) The amendments to ORS 181.599 by section 5 of this 2009 Act
apply to conduct occurring on or after the effective date of this
2009 Act.
(5) The amendments to ORS 181.826, 181.830 and 181.833 by
sections 6, 7 and 9 of this 2009 Act apply to petitions or
motions filed on or after the effective date of this 2009
Act. + }
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