Chapter 626 Oregon Laws 1999

Session Law

AN ACT

SB 740

Relating to sex offenders; creating new provisions; amending ORS 137.540, 144.102, 144.270, 163.345, 181.586, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260 and 423.478; repealing sections 3 and 4, chapter 869, Oregon Laws 1999 (Enrolled House Bill 2612); appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Department of State Police shall enter into the Law Enforcement Data System the sex offender information obtained from the sex offender registration forms submitted under ORS 181.595, 181.596 and 181.597. The department 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 if the conviction or adjudication that gave rise to the registration obligation is reversed or vacated or if the registrant is pardoned.

(2)(a) When a person is under supervision for the first time as a result of a conviction for an offense requiring reporting as a sex offender, the department, a chief of police or a county sheriff shall release, upon request, only the following information about the sex offender:

(A) The sex offender's name and date of birth;

(B) A physical description of the sex offender and a photograph, if applicable;

(C) The name and zip code of the city where the sex offender resides; and

(D) The name and telephone number of a contact person at the agency that is supervising the sex offender.

(b) Notwithstanding paragraph (a) of this subsection, if the sex offender is under the supervision of the Oregon Youth Authority or a county juvenile department, the Department of State Police, chief or police or county sheriff shall release only:

(A) The sex offender's name and year of birth;

(B) The name and zip code of the city where the sex offender resides; and

(C) The name and telephone number of a contact person at the agency that is supervising the sex offender.

(c) An agency that supervises a sex offender shall release, upon request, any information that may be necessary to protect the public concerning the sex offender.

(3) Except as otherwise limited by subsection (2)(a) and (b) of this section regarding persons who are under supervision for the first time as sex offenders, the Department of State Police, a chief of police or a county sheriff shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender. However, the entity releasing the information may not release the identity of a victim of a sex crime.

(4) The department may make the information described in subsections (2) and (3) of this section available to the public, without the need for a request, by electronic or other means. The department shall make information about a person who is under supervision for the first time as a result of a conviction for an offense that requires reporting as a sex offender accessible only by the use of the sex offender's name. For all other sex offenders, the department may make the information accessible in any manner the department chooses.

(5) The Law Enforcement Data System may send sex offender information to the National Crime Information Center as part of the national sex offender registry in accordance with appropriate state and federal procedures.

(6) As used in this section:

(a) "Sex crime" has the meaning given that term in ORS 181.594.

(b) "Sex offender" means a person who is required to report under ORS 181.595, 181.596 or 181.597.

SECTION 2. ORS 181.594 is amended to read:

181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1)(a) "Correctional facility" means any place used for the confinement of persons:

(A) Charged with or convicted of a crime or otherwise confined under a court order.

(B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.

(b) "Correctional facility" applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.370.

(2) "Sex crime" means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state (1993 Edition);

(i) Paying for viewing a child's sexually explicit conduct (1993 Edition);

(j) Compelling prostitution;

(k) Promoting prostitution;

(L) Kidnapping in the first degree if the victim was under 18 years of age;

(m) Contributing to the sexual delinquency of a minor;

(n) Sexual misconduct if the offender is at least 18 years of age;

(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;

(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;

[(L)] (q) Any attempt to commit any of the crimes set forth in paragraphs (a) to [(k)] (p) of this subsection; or

[(m)] (r) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to [(k)] (p) of this subsection.

(3) "Sex offender" means a person who:

(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;

(c) Has been found to be within the jurisdiction of the juvenile court for having committed [a crime] an act that if committed by an adult would constitute a sex crime; or

(d) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state.

SECTION 2a. If House Bill 2612 becomes law, sections 3 (amending ORS 181.594) and 4, chapter 869, Oregon Laws 1999 (Enrolled House Bill 2612), are repealed and ORS 181.594, as amended by section 2 of this 1999 Act, is amended to read:

181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1)(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.

(2) "Sex crime" means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state (1993 Edition);

(i) Paying for viewing a child's sexually explicit conduct (1993 Edition);

(j) Compelling prostitution;

(k) Promoting prostitution;

(L) Kidnapping in the first degree if the victim was under 18 years of age;

(m) Contributing to the sexual delinquency of a minor;

(n) Sexual misconduct if the offender is at least 18 years of age;

(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;

(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;

(q) Any attempt to commit any of the crimes set forth in paragraphs (a) to (p) of this subsection; [or]

(r) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (p) or (s) of this subsection; or

(s) Public indecency or private indecency, if the person has a prior conviction for a crime listed in paragraphs (a) to (r) of this subsection.

(3) "Sex offender" means a person who:

(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;

(c) Has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a sex crime; or

(d) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state.

SECTION 3. ORS 181.595 is amended to read:

181.595. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the agency or official [in charge of supervising a person shall obtain the address where the person will reside upon release and shall enter into the Law Enforcement Data System the person's name and description, a description of the methodology of the offense, the person's address and the originating code of the parole or probation agency that is located closest to the address of the person when the person] 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 and provide the supervising agency with proof of the completed registration.

(2) Subsection (3) of this section applies to a person who:

[(A)] (a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:

[(i)] (A) Conviction of a sex crime;

[(ii)] (B) Having been found guilty except for insanity of a sex crime; or

[(iii)] (C) Having been found to be within the jurisdiction of the juvenile court for having committed [a crime] an act that if committed by an adult would constitute a sex crime;

[(B)] (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; [or]

[(C)] (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; or

(d) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.

[(b) The person in charge of supervising a person on active parole, post-prison supervision or other supervised or conditional release shall enter into the Law Enforcement Data System any change in the address of the parolee or person being supervised.]

[(2)] (3)(a) Within 10 days following discharge, release [from active] on parole, post-prison supervision or other supervised or conditional release, the person shall [provide] report, in person, [the address of the person] to the [Oregon] Department of State Police, a chief of police or a county sheriff or to the supervising agency, if any. Thereafter, [regardless of subsequent convictions or supervision for future convictions,] the person shall [provide] report, in person[, the address of the person to the Oregon State Police, a chief of police or a county sheriff]:

[(a)] (A) Within 10 days of a change of residence; and

[(b)] (B) Once each year within 10 days of the person's birth date, regardless of whether the person changed [address] residence.

(b) The person shall make the reports required by paragraph (a)(A) and (B) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.

(c) If the person required to report under this subsection is a youth offender, as defined in ORS 419A.004, who is under supervision, the person shall make the reports required by paragraph (a) of this subsection to the agency supervising the person.

(d) The obligation to report under this section terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.

[(3)] (4) As part of the registration requirement under this section, the [Oregon] Department of State Police, the chief of police, [or] the county sheriff or the supervising agency:

(a) Shall [may] photograph the person and obtain the signature of the [fingerprint a] person [as part of the registration requirement under this section]; and

(b) May fingerprint the person.

SECTION 4. ORS 181.596 is amended to read:

181.596. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the [probation] agency [of the county in which a person intends to reside upon release shall enter into the Law Enforcement Data System the person's name and description, the description of the methodology of the offense, the address where the person expects to reside upon release and the originating code of the probation agency that is located closest to the address of the person] 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.

(2) Subsection (4) of this section applies to a person who is discharged, released or placed on probation:

[(A)] (a) By the court after being convicted in this state of a sex crime;

[(B)] (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)] (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)] (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.

[(b) When the court discharges the person or places the person on bench probation, the district attorney shall cause the information required by paragraph (a) of this subsection to be entered into the Law Enforcement Data System.]

[(c)] (3) The court shall ensure that the person completes a form that documents the person's obligation to [register] report under ORS 181.595 or this section. No later than three working days after the person completes the form required by this [paragraph] subsection, the court shall ensure that the form is sent to the [Oregon] Department of State Police.

[(2)(a) Except as otherwise provided in paragraph (b) of this subsection, when a person is found guilty except for insanity of a sex crime and is discharged or released on conditional release by the court or the Psychiatric Security Review Board, the Psychiatric Security Review Board shall:]

[(A) Cause to be entered into the Law Enforcement Data System the person's name and description, the description of the methodology of the offense and the address where the person expects to reside upon release;]

[(B) Have the person complete a form that documents the person's obligation to register under ORS 181.595 or this section; and]

[(C) No later than three working days after the person completes the form required by subparagraph (B) of this paragraph, send the form to the Oregon State Police.]

[(b) When the person is discharged by the court, the district attorney shall cause the information required by paragraph (a) of this subsection to be entered into the Law Enforcement Data System.]

[(3)] (4)(a) Within 10 days following discharge or release [under subsection (1) or (2) of this section], the person shall [provide] report, in person, [the address of the person] to the [Oregon] Department of State Police, chief of police or county sheriff or to the supervising agency, if any. Thereafter, [regardless of subsequent convictions or supervision for future convictions,] the person shall [provide] report, in person[, the address of the person to the Oregon State Police, chief of police or county sheriff]:

[(a)] (A) Within 10 days of a change of residence; and

[(b)] (B) Once each year within 10 days of the person's birth date, regardless of whether the person changed [address] residence.

(b) The person shall make the reports required by paragraph (a)(A) and (B) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.

(d) The obligation to report under this section terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.

(5) As part of the registration requirement under this section, the Department of State Police, the chief of police, the county sheriff or the supervising agency:

(a) Shall photograph the person and obtain the signature of the person; and

(b) May fingerprint the person.

SECTION 5. 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 [register] report, the person shall [provide] report, in person, [the address of the person] to the Department of State Police, a city police department or a county sheriff's office:

[(a)] (A) No later than 10 days after moving into this state;

[(b)] (B) Within 10 days of a change of residence; and

[(c)] (C) Once each year within 10 days of the person's birth date, regardless of whether the person changed residence.

(b) When a person listed in subsection (2) of this section attends school or works in this state, resides in another state and is not otherwise required by ORS 181.595 or 181.596 to report, the person shall report, in person, to the department, a city police department or a county sheriff's office no later than 10 days after:

(A) The first day of school attendance or the 14th day of employment in this state; and

(B) A change in school enrollment or employment.

(c) As used in paragraph (b) of this subsection:

(A) "Attends school" means enrollment in any type of school on a full- or part-time basis.

(B) "Works" means full- or part-time employment, with or without compensation, for more than 14 days within a calendar year.

(d) When a person reports under paragraph (a) of this subsection, the agency or official to whom the person reports shall complete a sex offender 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 required under this section, the Department of State Police, a city police department or a sheriff's office:

(a) [may] Shall photograph the person and obtain the signature of the [fingerprint a] person; and

(b) [as part of the registration required under subsections (1) and (2) of this section] May fingerprint the person.

SECTION 6. ORS 181.598 is amended to read:

181.598. [(1) The Department of State Police shall provide forms on which a person required to register, or be registered, under ORS 181.595, 181.596 or 181.597 (1) and (2) must register. City police departments and county sheriffs' offices shall forward the original registration form to the Department of State Police no later than five working days after registration.]

[(2)] (1) [Entities] Agencies and officials required to register offenders under ORS 181.595, [and] 181.596 and 181.597 shall use forms provided by the Department of State Police [and shall enter the offender information into the Law Enforcement Data System. The original registration forms must be forwarded to the Department of State Police no later than five working days after registration]. 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 predatory sex offender under ORS 181.585 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 to 181.601, 181.602, 181.603, 181.604, 181.605 and 181.606.

SECTION 7. If House Bill 2327 becomes law, ORS 181.598, as amended by section 6 of this 1999 Act, 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 [predatory sex offender under ORS 181.585] sexually violent dangerous offender as defined in section 1, chapter 163, Oregon Laws 1999 (Enrolled House Bill 2327), 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.

SECTION 8. ORS 181.599 is amended to read:

181.599. (1) A person who is required to [register] report as a sex offender and who has knowledge of the [registration] reporting requirement commits the crime of failure to [register] 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 [registration with] report to the appropriate [law enforcement] agency or official;

(b) [Register] Report following a change of [address] residence, school enrollment or employment; [or]

(d) Provide complete and accurate information.

(2) Except as otherwise provided in subsection (3) of this section, failure to [register] report as a sex offender is a Class A misdemeanor.

(3) Failure to [register] 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) of this section and the crime for which the person is required to [register] 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 9. ORS 181.601 is amended to read:

181.601. (1)(a) When information about a person is first entered into the Law Enforcement Data System under [ORS 181.595, 181.596 or 181.597 (1) and (2)] section 1 of this 1999 Act, the person will be assigned a registry identification number.

(b) A victim shall be issued a victim identification number and shall be given the registry identification number of the person who committed the crime against the victim:

(A) At any time, upon request by the victim; and

(B) Upon verification of the identification of the victim.

(2) The [Oregon] Department of State Police shall establish a toll-free telephone number to provide victims with updates on the prison status, release information, parole status and [the area of residence, including, but not limited to, the county of residence, of] any other information authorized for release in section 1 (2) and (3) of this 1999 Act regarding the person who committed the crime against the victim. The telephone line shall be operational within the state during normal working hours.

(3) Access of the victim to the telephone line shall be revoked if the victim makes public, or otherwise misuses, information received.

(4) When a victim receives notification under ORS 144.120 (7) of upcoming parole release hearings, or at any other time that the victim is notified concerning the offender, the victim shall be provided a notice of rights under this section and information about the toll-free telephone number.

SECTION 10. ORS 181.586 is amended to read:

181.586. (1)(a) If the State Board of Parole and Post-Prison Supervision for a person on parole or post-prison supervision or the Department of Corrections or a community corrections agency for a person on probation makes a determination that the person under its supervision is a predatory sex offender, the agency supervising the person shall notify anyone whom the agency determines is appropriate that the person is a predatory sex offender.

(b) When a predatory sex offender has been subsequently convicted of another crime and is on supervision for that crime, the agency supervising the person may notify anyone whom the agency determines is appropriate that the person is a predatory sex offender, regardless of the nature of the crime for which the person is being supervised.

(2) In making a determination under subsection (1) of this section, the agency shall consider notifying:

(a) The person's family;

(b) The person's sponsor;

(c) Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent; and

(d) Any prior victim of the offender.

(3) When an agency determines that notification is necessary, the agency may use any method of communication that the agency determines is appropriate. The notification may include, but is not limited to, distribution of the following information:

(a) The person's name and address;

(b) A physical description of the person including, but not limited to, the person's age, height, weight and eye and hair color;

(d) Any conditions or restrictions upon the person's probation, parole, post-prison supervision or conditional release;

(e) A description of the person's primary and secondary targets;

(f) A description of the person's method of offense;

(g) A current photograph of the person; and

(h) The name or telephone number of the person's parole and probation officer.

(4) When an agency determines that a person under its supervision is a predatory sex offender, the agency, upon termination of its supervision, shall:

(a) Notify the [Oregon] Department of State Police of the person's status as a predatory sex offender;

(b) Enter into the Law Enforcement Data System the fact that the person is a predatory sex offender; and

(c) Send to the [Oregon] Department of State Police, by electronic or other means, the documents relied upon in determining that the person is a predatory sex offender.

(5) The agency supervising a person determined to be a predatory sex offender shall verify the residence address of the person every 90 days.

SECTION 11. ORS 137.540 is amended to read:

137.540. (1) The court may sentence the defendant to probation, which shall be subject to the following general conditions unless specifically deleted by the court. The probationer shall:

(a) Pay supervision fees, fines, restitution or other fees ordered by the court.

(b) Not use or possess controlled substances except pursuant to a medical prescription.

(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.

(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.

(e) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency.

(f) If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Any waiver of this requirement must be based on a finding by the court stating the reasons for the waiver.

(g) Change neither employment nor residence without prior permission from the Department of Corrections or a county community corrections agency.

(h) Permit the probation officer to visit the probationer or the probationer's residence or work site, and report as required and abide by the direction of the supervising officer.

(i) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.

(j) Obey all laws, municipal, county, state and federal.

(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.

(L) Not possess weapons, firearms or dangerous animals.

(m) If under supervision for, or previously convicted of, a sex offense under ORS 163.305 to 163.465, and if recommended by the supervising officer, successfully complete a sex offender treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer.

(n) Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.

(o) If required to report as a sex offender under ORS 181.596, report with the Department of State Police, a chief of police, a county sheriff or the supervising agency:

(A) When supervision begins;

(B) Within 10 days of a change in residence; and

(C) Once each year within 10 days of the probationer's date of birth.

(2) In addition to the general conditions, the court may impose any special conditions of probation that are reasonably related to the crime of conviction or the needs of the defendant for the protection of the public or reformation of the offender, or both, including, but not limited to, that the probationer shall:

(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after November 1, 1989, be confined to the county jail or be restricted to the probationer's own residence or to the premises thereof, or be subject to any combination of such confinement and restriction, such confinement or restriction or combination thereof to be for a period not to exceed one year or one-half of the maximum period of confinement that could be imposed for the offense for which the defendant is convicted, whichever is the lesser.

(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be subject to other custodial sanctions under community supervision, or both, as provided by rules of the Oregon Criminal Justice Commission.

(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as specifically ordered by the court in order to pay restitution.

(3) Failure to abide by all general and special conditions imposed by the court and supervised by the Department of Corrections or a county community corrections agency may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595.

(4) The court may at any time modify the conditions of probation.

(5) A court may not order revocation of probation as a result of the probationer's failure to pay restitution unless the court determines from the totality of the circumstances that the purposes of the probation are not being served.

(6) It shall not be a cause for revocation of probation that the probationer failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.

SECTION 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.

(d) Report to the parole officer as directed by the board, the department or the supervisory authority.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws.

(g) Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.

(h) Attend a victim impact treatment session in a county that has a victim impact program. If the board or supervisory authority requires attendance under this paragraph, the board or supervisory authority may require the person, as an additional condition of post-prison supervision, to pay a reasonable fee to the victim impact program to offset the cost of the person's participation. The board or supervisory authority shall not order a person to pay a fee in excess of $5 under this paragraph.

(i) If required to report as a sex offender under ORS 181.595, report with the Department of State Police, a chief of police, a county sheriff or the supervising agency:

(A) When supervision begins;

(B) Within 10 days of a change in residence; and

(C) Once each year within 10 days of the person's date of birth.

(3) The board or supervisory authority may establish special conditions as the board or supervisory authority shall determine are necessary because of the individual circumstances of the person under 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 may 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.

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.

(d) Report to the parole officer as directed by the board or parole officer.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws.

(g) Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the parolee, or in the best interest of society.

(3) The board may establish such special conditions as it shall determine are necessary because of the individual circumstances of the parolee.

(4) It shall not be a cause for revocation of parole that the parolee failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.

(5)(a) When the [State] board [of Parole and Post-Prison Supervision] 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 [State] board [of Parole and Post-Prison Supervision], an inmate, a victim or a district attorney, the [State] board [of Parole and Post-Prison Supervision] may waive the residency requirement only after making a finding that one of the following conditions has been met:

(A) The inmate provides proof of a job with no set ending date in a county other than the established county of residence;

(B) The inmate is found to pose a significant danger to the victim of the offender's crime, or the victim or victim's family is found to pose a significant danger to the inmate residing in the county of residence;

(C) The inmate has a spouse or biological or adoptive family residing in other than the county of residence who will be materially significant in aiding in the rehabilitation of the offender and in the success of the parole;

(D) As another condition of parole, the inmate is required to participate in a treatment program which is not available or located in the county of residence;

(E) The inmate desires to be paroled to another state; or

(F) The [State] board [of Parole and Post-Prison Supervision] finds other good cause, of a nature similar to the other conditions listed in this paragraph, for the waiver.

(c)(A) For purposes of this subsection, "residency" means the last address at the time of the offense, as established by an examination of all the available information in the following records:

(i) An Oregon driver's license, regardless of its validity;

(ii) Records maintained by the Department of Revenue;

(iii) Records maintained by the Department of State Police, Bureau of Criminal Identification;

(iv) Records maintained by the Department of Human Resources; or

(v) Records maintained by the Department of Corrections.

(B) When an inmate did not have one identifiable address of record at the time of the offense, the inmate shall be considered to have resided in the county where the offense occurred.

(C) If the inmate is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction.

(D) If the inmate is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

(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 or the supervising agency:

(a) When supervision begins;

(b) Within 10 days of a change in residence; and

(c) Once each year within 10 days of the inmate's date of birth.

SECTION 14. ORS 181.588 is amended to read:

181.588. (1) Notwithstanding any other provision of law, the Department of State Police, the chief of police of a city police department or a county sheriff may notify [anyone the Department of State Police, chief of police or sheriff determines is appropriate] the public that a person is a predatory sex offender if the Department of State Police, chief of police or sheriff, [in conjunction with the Department of Corrections] after consulting with the person's last primary supervising agency, determines that the person is a predatory sex offender as provided in ORS 181.585 and the person is not under active supervision by the Department of Corrections or a community corrections agency.

(2) Notification under subsection (1) of this section may include distribution of any information listed in ORS 181.586 (3).

[(3) The Department of State Police, a chief of police or a sheriff may not release lists of registered sex offenders or addresses of registered sex offenders to the public but may release lists of predatory sex offenders if the predatory sex offenders are no longer being supervised by an agency.]

SECTION 15. ORS 181.589 is amended to read:

181.589. (1) Notwithstanding any other provision of law, the [Oregon] Department of State Police, the chief of police of a city police department or a county sheriff may notify [anyone the Department of State Police, chief of police or county sheriff determines is appropriate] the public that a person is a predatory sex offender if:

(a) The person [is registered or] is required to [register] report under ORS 181.595, 181.596 or 181.597 [(1) and (2)] 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;

(b) The person is not under the supervision of the juvenile court; and

(c) The [Oregon] Department of State Police, chief of police or sheriff, [in conjunction with the Department of Corrections] after consulting with the person's last primary supervising agency, determines that the person is a predatory sex offender as provided in ORS 181.585.

(2) Notification under subsection (1) of this section may include any of the following information:

(a) The person's name and address;

(b) A physical description of the person including, but not limited to, the person's age, height, weight and eye and hair color;

(d) Any conditions or restrictions upon the person's release;

(e) A description of the person's primary and secondary victims of choice;

(f) A description of the person's method of offense;

(g) A current photograph of the person; and

(h) The name or work telephone number of the person's parole or probation officer.

SECTION 16. ORS 181.606 is amended to read:

181.606. A public agency and its employees are immune from liability, both civil and criminal, for the good faith performance of the agency's or employee's duties under ORS 181.585 to 181.587, 181.588, 181.589, 181.594 to 181.601 and 181.602 and section 1 of this 1999 Act.

SECTION 17. ORS 419A.260 is amended to read:

419A.260. (1) As used in this section and ORS 419A.262:

(a) "Contact" means any instance in which a person's act or behavior, or alleged act or behavior, which could result in a juvenile court's assumption of jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or 419C.005 comes to the attention of an agency specified in paragraph (d) of this subsection.

(b) "Expunction" means:

(A) The removal and destruction of a judgment or order related to a contact;

(B) The removal and destruction of all records and all references; and

(C) Where a record is kept by the State Office for Services to Children and Families or the Oregon Youth Authority, either the sealing of such record by the office or the Oregon Youth Authority or, in a multiperson file, the affixing to the front of the file, by the office or the youth authority, a stamp or statement identifying the name of the individual, the date of expunction and instruction that no further reference shall be made to the material that is subject to the expunction order except upon an order of a court of competent jurisdiction.

(d) "Record" includes a fingerprint or photograph file, report, exhibit or other material which contains information relating to a person's contact with any law enforcement agency or juvenile court or juvenile department and is kept manually, through the use of electronic data processing equipment, or by any other means by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon. "Record" does not include:

(A) A transcript of a student's academic record at [MacLaren School or Hillcrest School of Oregon] a youth correction facility, as defined in ORS 420.005;

(B) Material on file with a public agency which is necessary for obtaining federal financial participation regarding financial assistance or services on behalf of a person who has had a contact;

(C) Records kept or disseminated by the Department of Transportation, State Marine Board and State Fish and Wildlife Commission pursuant to juvenile or adult order or recommendation;

(D) Police and court records related to an order of waiver where the matter is still pending in the adult court or on appeal therefrom, or to any disposition as an adult pursuant to such order;

(E) Records related to a support obligation;

(F) Medical records;

(G) Records of a proposed or adjudicated termination of parental rights and adoptions;

(H) Any law enforcement record of a person who currently does not qualify for expunction or of current investigations or cases waived to the adult court;

(I) Records and case reports of the Oregon Supreme Court and the Oregon Court of Appeals;

(J) Any records in cases under ORS 419C.005 in which a juvenile court found a person to be within the jurisdiction of the court based upon the person's commission of an act which if done by an adult would constitute one of the following offenses:

(i) Aggravated murder under ORS 163.095;

(ii) Murder under ORS 163.115;

(iii) Attempt, solicitation or conspiracy to commit murder or aggravated murder;

(iv) Manslaughter in the first degree under ORS 163.118;

(v) Manslaughter in the second degree under ORS 163.125;

(vi) Criminally negligent homicide under ORS 163.145;

(vii) Assault in the first degree under ORS 163.185;

(viii) Criminal mistreatment in the first degree under ORS 163.205;

(ix) Kidnapping in the first degree under ORS 163.235;

(x) Rape in the third degree under ORS 163.355;

(xi) Rape in the second degree under ORS 163.365;

(xii) Rape in the first degree under ORS 163.375;

(xiii) Sodomy in the third degree under ORS 163.385;

(xiv) Sodomy in the second degree under ORS 163.395;

(xv) Sodomy in the first degree under ORS 163.405;

(xvi) Unlawful sexual penetration in the second degree under ORS 163.408;

(xvii) Unlawful sexual penetration in the first degree under ORS 163.411;

(xviii) Sexual abuse in the third degree under ORS 163.415;

(xix) Sexual abuse in the second degree under ORS 163.425;

(xx) Sexual abuse in the first degree under ORS 163.427;

(xxi) Promoting prostitution under ORS 167.012;

(xxii) Compelling prostitution under ORS 167.017; or

(xxiii) An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide;

(K) Blood samples, autoradiographs and other physical evidence and identification information obtained, stored or maintained by the Department of State Police under authority of ORS 137.076, 181.085 or 419C.473; or

(L) Records maintained in the Law Enforcement Data System under [ORS 181.595 and 181.596] section 1 of this 1999 Act.

(e) "Termination" means:

(A) For a person who is the subject of a record kept by a juvenile court or juvenile department, the final disposition of a case by informal means, by a decision not to place the person on probation or make the person a ward of the court after the person has been found to be within the court's jurisdiction, or by a discontinuance of probation or of the court's wardship.

(B) For a person who is the subject of a record kept by a law enforcement or public investigative agency, a juvenile court or juvenile department or an agency of the State of Oregon, the final disposition of the person's most recent contact with a law enforcement agency.

(2) The juvenile court or juvenile department shall make reasonable effort to provide written notice to a child who is within the court's jurisdiction under ORS 419B.100 (1)(a) to (c) and (f) or to a youth who is within the court's jurisdiction under ORS 419C.005, and to the child's or youth's parent, of the procedures for expunction of a record, the right to counsel under this chapter, and the legal effect of an expunction order, at the following times:

(a) At any dispositional hearing or at the time of entering into a formal accountability agreement;

(b) At the time of termination;

(c) Upon notice to the subject of an expunction pending pursuant to application of a juvenile department or motion on a juvenile court; and

(d) At the time of notice of execution of an expunction order.

SECTION 18. ORS 181.600 is amended to read:

181.600. (1)(a) No sooner than 10 years after termination of [active] supervision on probation, conditional release, parole or post-prison supervision, a person required to [register as required] report by ORS 181.595, [and] 181.596 or 181.597 [(1) and (2)] may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the duty to [register] report if:

(A) The person has only one conviction for, or juvenile court finding of jurisdiction based on, a sex crime;

(B) The sex crime was a misdemeanor or Class C felony or, if committed in another state, would have been a misdemeanor or Class C felony if committed in this state; and

(C) The person has not been determined to be a predatory sex offender as described in ORS 181.585.

(b) The district attorney of the county shall be named and served as the respondent in the petition.

(2) The court shall hold a hearing on the petition. In determining whether to grant the relief requested, the court shall consider:

(a) The nature of the offense that required [registration] reporting;

(b) The age and number of victims;

(d) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that required [registration] reporting;

(e) The period of time during which the petitioner has not reoffended;

(f) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

(g) Any other relevant factors.

(3) If the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall enter an order relieving the petitioner of the duty to [register] report.

(4) No sooner than 10 years after the termination of juvenile court wardship of a person required to [register] report under ORS 181.595, 181.596 or 181.597 [(1) and (2)], the person may file a petition in the circuit court for relief from the duty to [register] report as provided in subsections (1) to (3) of this section.

SECTION 19. ORS 181.603 is amended to read:

181.603. (1) When the court imposes sentence upon a person convicted of a sex crime the court shall notify the person of the requirement to [register] report as a sex offender under ORS 181.595 and 181.596.

(2) At the initial intake for incarceration or release on any type of supervised release, the sex offender shall complete a form that documents the offender's obligation to [register] report under ORS 181.595 or 181.596. The Department of State Police shall develop and provide the form. No later than three working days after the sex offender completes the form, the person responsible for the intake process shall send the form to the Department of State Police.

SECTION 20. ORS 181.604 is amended to read:

181.604. When the [Oregon] Department of State Police learns that a person required to [register] report under ORS 181.595, 181.596 or 181.597 is moving to another state, the [Oregon State Police] department shall notify the appropriate criminal justice agency of that state of that fact. The [Oregon State Police] department is not responsible for registering and tracking a person once the person has moved from this state.

SECTION 21. 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

(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;

(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; and

(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.

(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 or to the supervising agency, if any:

(a) When the person is released; and

(b) Within 10 days of a change of residence.

SECTION 22. Upon the request of the Department of State Police, a chief of police, a county sheriff or a supervising agency, a supervising agency or an agency having responsibility for community notification shall enter into agreements to resolve concerns regarding community notification. As used in this section:

(1) "Community notification" means the disclosure of information to the public as provided in ORS 181.585 to 181.587, 181.588 and 181.589.

(2) "Supervising agency" means a governmental entity responsible for supervising a person required to report under ORS 181.595 or 181.596.

SECTION 23. (1) Except as otherwise provided in subsection (2) of this section, sections 1 and 22 of this 1999 Act and the amendments to ORS 137.540, 144.102, 144.270, 181.586, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260 and 423.478 by sections 2 to 21 of this 1999 Act apply to persons convicted of crimes before, on or after the effective date of this 1999 Act.

(2) The amendments to ORS 137.540, 144.102, 144.270, 181.586, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260 and 423.478 by sections 2 to 21 of this 1999 Act apply to persons who, on or after the effective date of this 1999 Act, are:

(a) Convicted of a crime listed in ORS 181.594 (2)(L) to (p), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p) or convicted of an equivalent crime in another jurisdiction;

(b) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime listed in ORS 181.594 (2)(L) to (p), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p); or

(c) Found by a court in another jurisdiction to have committed an act while the person was under 18 years of age that if committed by an adult would constitute the equivalent of a crime listed in ORS 181.594 (2)(L) to (p), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p).

(3) The amendments to ORS 163.345 by section 24 of this 1999 Act apply to offenses committed on or after the effective date of this 1999 Act.

SECTION 23a. If House Bill 2612 becomes law, section 23 of this 1999 Act is amended to read:

Sec. 23. (1) Except as otherwise provided in subsection (2) of this section, sections 1 and 22 of this 1999 Act and the amendments to ORS 137.540, 144.102, 144.270, 181.586, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260 and 423.478 by sections 2 to 21 of this 1999 Act apply to persons convicted of crimes before, on or after the effective date of this 1999 Act.

(a) Convicted of a crime listed in ORS 181.594 (2)(L) to (p) or (s), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p) or (s) or convicted of an equivalent crime in another jurisdiction;

(b) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime listed in ORS 181.594 (2)(L) to (p) or (s), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p) or (s); or

(c) Found by a court in another jurisdiction to have committed an act while the person was under 18 years of age that if committed by an adult would constitute the equivalent of a crime listed in ORS 181.594 (2)(L) to (p) or (s), an attempt to commit a crime listed in ORS 181.594 (2)(L) to (p) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(L) to (p) or (s).

(3) The amendments to ORS 163.345 by section 24 of this 1999 Act apply to offenses committed on or after the effective date of this 1999 Act.

SECTION 24. ORS 163.345 is amended to read:

163.345. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, [or] 163.427 or 163.435 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(3) In any prosecution under ORS 163.445 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense.

SECTION 25. ORS 181.594, as amended by section 2 of this 1999 Act, is amended to read:

181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1)(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.

(2) "Sex crime" means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state (1993 Edition);

(i) Paying for viewing a child's sexually explicit conduct (1993 Edition);

(j) Compelling prostitution;

(k) Promoting prostitution;

[(L) Kidnapping in the first degree if the victim was under 18 years of age;]

[(m) Contributing to the sexual delinquency of a minor;]

[(n) Sexual misconduct if the offender is at least 18 years of age;]

[(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;]

[(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;]

[(q)] (L) Any attempt to commit any of the crimes set forth in paragraphs (a) to [(p)] (k) of this subsection; or

[(r)] (m) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to [(p)] (k) of this subsection.

(3) "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] a crime that if committed by an adult would constitute a sex crime; or

(d) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state.

SECTION 26. If House Bill 2612 becomes law, ORS 181.594, as amended by sections 2 and 2a of this 1999 Act, is amended to read:

181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1)(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.

(2) "Sex crime" means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state (1993 Edition);

(i) Paying for viewing a child's sexually explicit conduct (1993 Edition);

(j) Compelling prostitution;

(k) Promoting prostitution;

[(L) Kidnapping in the first degree if the victim was under 18 years of age;]

[(m) Contributing to the sexual delinquency of a minor;]

[(n) Sexual misconduct if the offender is at least 18 years of age;]

[(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;]

[(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;]

[(q)] (L) Any attempt to commit any of the crimes set forth in paragraphs (a) to [(p)] (k) of this subsection;

[(r)] (m) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to [(p) or (s)] (k) or (n) of this subsection; or

[(s)] (n) Public indecency or private indecency, if the person has a prior conviction for a crime listed in paragraphs (a) to [(r)] (m) of this subsection.

(3) "Sex offender" means a person who:

(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;

(c) Has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a sex crime; or

(d) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state.

SECTION 27. ORS 181.595, as amended by section 3 of this 1999 Act, is amended to read:

181.595. (1)(a) [Except as otherwise provided in paragraph (b) of this subsection,] The [agency or] official in charge of supervising a person shall obtain the address where the person will reside upon release and shall enter into the Law Enforcement Data System the person's name and description, a description of the methodology of the offense, the person's address and the originating code of the parole or probation agency that is located closest to the address of the person when the person: [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 and provide the supervising agency with proof of the completed registration.]

[(2) Subsection (3) of this section applies to a person who:]

[(a)] (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)] (i) Conviction of a sex crime;

[(B)] (ii) Having been found guilty except for insanity of a sex crime; or

[(C)] (iii) Having been found to be within the jurisdiction of the juvenile court for having committed [an act] a crime that if committed by an adult would constitute a sex crime;

[(b)] (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; or

[(c)] (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[; or].

[(d) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.]

(b) The person in charge of supervising a person on active parole, post-prison supervision or other supervised or conditional release shall enter into the Law Enforcement Data System any change in the address of the parolee or person being supervised.

[(3)(a)] (2) Within 10 days following discharge, release [on] from active parole, post-prison supervision or other supervised or conditional release, the person shall [report] provide, in person, the address of the person to the [Department of] Oregon State Police, a chief of police or a county sheriff [or to the supervising agency, if any]. Thereafter, regardless of subsequent convictions or supervision for future convictions, the person shall [report] provide, in person, the address of the person to the Oregon State Police, a chief of police or a county sheriff:

[(A)] (a) Within 10 days of a change of residence; and

[(B)] (b) Once each year within 10 days of the person's birth date, regardless of whether the person changed [residence] address.

[(b) The person shall make the reports required by paragraph (a)(A) and (B) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.]

[(c) If the person required to report under this subsection is a youth offender, as defined in ORS 419A.004, who is under supervision, the person shall make the reports required by paragraph (a) of this subsection to the agency supervising the person.]

[(d) The obligation to report under this section terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.]

[(4)] (3) [As part of the registration requirement under this section,] The [Department of] Oregon State Police, the chief of police[,] or the county sheriff [or the supervising agency:]

[(a) Shall] may photograph [the person] and [obtain the signature of the] fingerprint a person as part of the registration requirement under this section.[; and]

[(b) May fingerprint the person.]

SECTION 28. ORS 181.596, as amended by section 4 of this 1999 Act, is amended to read:

181.596. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the probation agency of the county in which a person intends to reside upon release shall enter into the Law Enforcement Data System the person's name and description, the description of the methodology of the offense, the address where the person expects to reside upon release and the originating code of the probation agency that is located closest to the address of the person [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.]

[(2) Subsection (4) of this section applies to a person who] is [discharged,] released or placed on probation:

[(a)] (A) By the court after being convicted in this state of a sex crime;

[(b)] (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)] (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)] (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.

(b) When the court discharges the person or places the person on bench probation, the district attorney shall cause the information required by paragraph (a) of this subsection to be entered into the Law Enforcement Data System.

[(3)] (c) The court shall ensure that the person completes a form that documents the person's obligation to [report] register under ORS 181.595 or this section. No later than three working days after the person completes the form required by this [subsection] paragraph, the court shall ensure that the form is sent to the [Department of] Oregon State Police.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, when a person is found guilty except for insanity of a sex crime and is discharged or released on conditional release by the court or the Psychiatric Security Review Board, the Psychiatric Security Review Board shall:

(A) Cause to be entered into the Law Enforcement Data System the person's name and description, the description of the methodology of the offense and the address where the person expects to reside upon release;

(B) Have the person complete a form that documents the person's obligation to register under ORS 181.595 or this section; and

(C) No later than three working days after the person completes the form required by subparagraph (B) of this paragraph, send the form to the Oregon State Police.

(b) When the person is discharged by the court, the district attorney shall cause the information required by paragraph (a) of this subsection to be entered into the Law Enforcement Data System.

[(4)(a)] (3) Within 10 days following discharge or release under subsection (1) or (2) of this section, the person shall [report] provide, in person, the address of the person to the [Department of] Oregon State Police, chief of police or county sheriff [or to the supervising agency, if any]. Thereafter, regardless of subsequent convictions or supervision for future convictions, the person shall [report] provide, in person, the address of the person to the Oregon State Police, chief of police or county sheriff:

[(A)] (a) Within 10 days of a change of residence; and

[(B)] (b) Once each year within 10 days of the person's birth date, regardless of whether the person changed [residence] address.

[(b) The person shall make the reports required by paragraph (a)(A) and (B) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.]

[(d) The obligation to report under this section terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.]

[(5) As part of the registration requirement under this section, the Department of State Police, the chief of police, the county sheriff or the supervising agency:]

[(a) Shall photograph the person and obtain the signature of the person; and]

[(b) May fingerprint the person.]

SECTION 29. ORS 181.597, as amended by section 5 of this 1999 Act, 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] register, the person shall [report] provide, in person, the address of the person to the Department of State Police, a city police department or a county sheriff's office:

[(A)] (a) No later than 10 days after moving into this state;

[(B)] (b) Within 10 days of a change of residence; and

[(C)] (c) Once each year within 10 days of the person's birth date, regardless of whether the person changed residence.

[(b) When a person listed in subsection (2) of this section attends school or works in this state, resides in another state and is not otherwise required by ORS 181.595 or 181.596 to report, the person shall report, in person, to the department, a city police department or a county sheriff's office no later than 10 days after:]

[(A) The first day of school attendance or the 14th day of employment in this state; and]

[(B) A change in school enrollment or employment.]

[(c) As used in paragraph (b) of this subsection:]

[(A) "Attends school" means enrollment in any type of school on a full- or part-time basis.]

[(B) "Works" means full- or part-time employment, with or without compensation, for more than 14 days within a calendar year.]

[(d) When a person reports under paragraph (a) of this subsection, the agency or official to whom the person reports shall complete a sex offender 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 required under this section,] The Department of State Police, a city police department or a sheriff's office[:]

[(a) Shall] may photograph [the person] and [obtain the signature of the] fingerprint a person [; and]

[(b) May fingerprint the person] as part of the registration required under subsections (1) and (2) of this section.

SECTION 30. ORS 181.598, as amended by section 7 of this 1999 Act, is amended to read:

181.598. (1) The Department of State Police shall provide forms on which a person required to register, or be registered, under ORS 181.595, 181.596 or 181.597 (1) and (2) must register. City police departments and county sheriffs' offices shall forward the original registration form to the Department of State Police no later than five working days after registration.

[(1)] (2) [Agencies and officials] Entities required to register offenders under ORS 181.595[,] and 181.596 [and 181.597] shall use forms provided by the Department of State Police and shall enter the offender information into the Law Enforcement Data System. The original registration forms must be forwarded to the Department of State Police no later than five working days after registration. [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 section 1, chapter 163, Oregon Laws 1999 (Enrolled House Bill 2327), 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 to 181.601, 181.602, 181.603, 181.604, 181.605 and 181.606.]

SECTION 31. ORS 181.599, as amended by section 8 of this 1999 Act, is amended to read:

181.599. (1) A person who is required to [report] register as a sex offender and who has knowledge of the [reporting] registration requirement commits the crime of failure to [report] register 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] registration with the appropriate law enforcement agency [or official];

(b) [Report] Register following a change of [residence, school enrollment or employment] address; or

[(d) Provide complete and accurate information.]

(2) Except as otherwise provided in subsection (3) of this section, failure to [report] register as a sex offender is a Class A misdemeanor.

(3) Failure to [report] register 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) of this section and the crime for which the person is required to [report] register 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 32. ORS 181.601, as amended by section 9 of this 1999 Act, is amended to read:

181.601. (1)(a) When information about a person is first entered into the Law Enforcement Data System under [section 1 of this 1999 Act] ORS 181.595, 181.596 or 181.597 (1) and (2), the person will be assigned a registry identification number.

(b) A victim shall be issued a victim identification number and shall be given the registry identification number of the person who committed the crime against the victim:

(A) At any time, upon request by the victim; and

(B) Upon verification of the identification of the victim.

(2) The [Department of] Oregon State Police shall establish a toll-free telephone number to provide victims with updates on the prison status, release information, parole status and the area of residence, including, but not limited to, the county of residence, of [any other information authorized for release in section 1 (2) and (3) of this 1999 Act regarding] the person who committed the crime against the victim. The telephone line shall be operational within the state during normal working hours.

(3) Access of the victim to the telephone line shall be revoked if the victim makes public, or otherwise misuses, information received.

SECTION 33. ORS 181.586, as amended by section 10 of this 1999 Act, is amended to read:

181.586. (1)[(a)] If the State Board of Parole and Post-Prison Supervision for a person on parole or post-prison supervision or the Department of Corrections or a community corrections agency for a person on probation makes a determination that the person under its supervision is a predatory sex offender, the agency supervising the person shall notify anyone whom the agency determines is appropriate that the person is a predatory sex offender.

[(b) When a predatory sex offender has been subsequently convicted of another crime and is on supervision for that crime, the agency supervising the person may notify anyone whom the agency determines is appropriate that the person is a predatory sex offender, regardless of the nature of the crime for which the person is being supervised.]

(2) In making a determination under subsection (1) of this section, the agency shall consider notifying:

(a) The person's family;

(b) The person's sponsor;

(c) Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent; and

(d) Any prior victim of the offender.

(a) The person's name and address;

(b) A physical description of the person including, but not limited to, the person's age, height, weight and eye and hair color;

(d) Any conditions or restrictions upon the person's probation, parole, post-prison supervision or conditional release;

(e) A description of the person's primary and secondary targets;

(f) A description of the person's method of offense;

(g) A current photograph of the person; and

(h) The name or telephone number of the person's parole and probation officer.

(4) When an agency determines that a person under its supervision is a predatory sex offender, the agency, upon termination of its supervision, shall:

(a) Notify the [Department of] Oregon State Police of the person's status as a predatory sex offender;

(b) Enter into the Law Enforcement Data System the fact that the person is a predatory sex offender; and

(c) Send to the [Department of] Oregon State Police, by electronic or other means, the documents relied upon in determining that the person is a predatory sex offender.

[(5) The agency supervising a person determined to be a predatory sex offender shall verify the residence address of the person every 90 days.]

SECTION 34. ORS 137.540, as amended by section 11 of this 1999 Act, is amended to read:

137.540. (1) The court may sentence the defendant to probation, which shall be subject to the following general conditions unless specifically deleted by the court. The probationer shall:

(a) Pay supervision fees, fines, restitution or other fees ordered by the court.

(b) Not use or possess controlled substances except pursuant to a medical prescription.

(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.

(g) Change neither employment nor residence without prior permission from the Department of Corrections or a county community corrections agency.

(h) Permit the probation officer to visit the probationer or the probationer's residence or work site, and report as required and abide by the direction of the supervising officer.

(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.

(n) Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.

[(o) If required to report as a sex offender under ORS 181.596, report with the Department of State Police, a chief of police, a county sheriff or the supervising agency:]

[(A) When supervision begins;]

[(B) Within 10 days of a change in residence; and]

[(C) Once each year within 10 days of the probationer's date of birth.]

(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.

(4) The court may at any time modify the conditions of probation.

SECTION 35. ORS 144.102, as amended by section 12 of this 1999 Act, is amended to read:

(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.

(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.

[(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 or the supervising agency:]

[(A) When supervision begins;]

[(B) Within 10 days of a change in residence; and]

[(C) Once each year within 10 days of the person's date of birth.]

(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.

SECTION 36. ORS 144.270, as amended by section 13 of this 1999 Act, is amended to read:

(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.

(d) Report to the parole officer as directed by the board or parole officer.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws.

(g) Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the parolee, or in the best interest of society.

(3) The board may establish such special conditions as it shall determine are necessary because of the individual circumstances of the parolee.

(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;

(D) As another condition of parole, the inmate is required to participate in a treatment program which is not available or located in the county of residence;

(E) The inmate desires to be paroled to another state; or

(F) The board finds other good cause, of a nature similar to the other conditions listed in this paragraph, for the waiver.

(c)(A) For purposes of this subsection, "residency" means the last address at the time of the offense, as established by an examination of all the available information in the following records:

(i) An Oregon driver's license, regardless of its validity;

(ii) Records maintained by the Department of Revenue;

(iii) Records maintained by the Department of State Police, Bureau of Criminal Identification;

(iv) Records maintained by the Department of Human Resources; or

(v) Records maintained by the Department of Corrections.

(B) When an inmate did not have one identifiable address of record at the time of the offense, the inmate shall be considered to have resided in the county where the offense occurred.

(C) If the inmate is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction.

(D) If the inmate is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

[(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 or the supervising agency:]

[(a) When supervision begins;]

[(b) Within 10 days of a change in residence; and]

[(c) Once each year within 10 days of the inmate's date of birth.]

SECTION 37. ORS 181.588, as amended by section 14 of this 1999 Act, is amended to read:

181.588. (1) Notwithstanding any other provision of law, the Department of State Police, the chief of police of a city police department or a county sheriff may notify [the public] anyone the Department of State Police, chief of police or sheriff determines is appropriate that a person is a predatory sex offender if the Department of State Police, chief of police or sheriff, in conjunction with the Department of Corrections [after consulting with the person's last primary supervising agency], determines that the person is a predatory sex offender as provided in ORS 181.585 and the person is not under active supervision by the Department of Corrections or a community corrections agency.

(2) Notification under subsection (1) of this section may include distribution of any information listed in ORS 181.586 (3).

(3) The Department of State Police, a chief of police or a sheriff may not release lists of registered sex offenders or addresses of registered sex offenders to the public but may release lists of predatory sex offenders if the predatory sex offenders are no longer being supervised by an agency.

SECTION 38. ORS 181.589, as amended by section 15 of this 1999 Act, is amended to read:

181.589. (1) Notwithstanding any other provision of law, the [Department of] Oregon State Police, the chief of police of a city police department or a county sheriff may notify [the public] anyone the Department of State Police, chief of police or county sheriff determines is appropriate that a person is a predatory sex offender if:

(a) The person is registered or is required to [report] register under ORS 181.595, 181.596 or 181.597 (1) and (2) 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;

(b) The person is not under the supervision of the juvenile court; and

(c) The [Department of] Oregon State Police, chief of police or sheriff, [after consulting with the person's last primary supervising agency] in conjunction with the Department of Corrections, determines that the person is a predatory sex offender as provided in ORS 181.585.

(2) Notification under subsection (1) of this section may include any of the following information:

(a) The person's name and address;

(b) A physical description of the person including, but not limited to, the person's age, height, weight and eye and hair color;

(d) Any conditions or restrictions upon the person's release;

(e) A description of the person's primary and secondary victims of choice;

(f) A description of the person's method of offense;

(g) A current photograph of the person; and

(h) The name or work telephone number of the person's parole or probation officer.

SECTION 39. ORS 181.606, as amended by section 16 of this 1999 Act, is amended to read:

SECTION 40. ORS 419A.260, as amended by section 17 of this 1999 Act, is amended to read:

419A.260. (1) As used in this section and ORS 419A.262:

(b) "Expunction" means:

(A) The removal and destruction of a judgment or order related to a contact;

(B) The removal and destruction of all records and all references; and

(A) A transcript of a student's academic record at MacLaren School or Hillcrest School of Oregon [a youth correction facility, as defined in ORS 420.005];

(B) Material on file with a public agency which is necessary for obtaining federal financial participation regarding financial assistance or services on behalf of a person who has had a contact;

(C) Records kept or disseminated by the Department of Transportation, State Marine Board and State Fish and Wildlife Commission pursuant to juvenile or adult order or recommendation;

(D) Police and court records related to an order of waiver where the matter is still pending in the adult court or on appeal therefrom, or to any disposition as an adult pursuant to such order;

(E) Records related to a support obligation;

(F) Medical records;

(G) Records of a proposed or adjudicated termination of parental rights and adoptions;

(H) Any law enforcement record of a person who currently does not qualify for expunction or of current investigations or cases waived to the adult court;

(I) Records and case reports of the Oregon Supreme Court and the Oregon Court of Appeals;

(i) Aggravated murder under ORS 163.095;

(ii) Murder under ORS 163.115;

(iii) Attempt, solicitation or conspiracy to commit murder or aggravated murder;

(iv) Manslaughter in the first degree under ORS 163.118;

(v) Manslaughter in the second degree under ORS 163.125;

(vi) Criminally negligent homicide under ORS 163.145;

(vii) Assault in the first degree under ORS 163.185;

(viii) Criminal mistreatment in the first degree under ORS 163.205;

(ix) Kidnapping in the first degree under ORS 163.235;

(x) Rape in the third degree under ORS 163.355;

(xi) Rape in the second degree under ORS 163.365;

(xii) Rape in the first degree under ORS 163.375;

(xiii) Sodomy in the third degree under ORS 163.385;

(xiv) Sodomy in the second degree under ORS 163.395;

(xv) Sodomy in the first degree under ORS 163.405;

(xvi) Unlawful sexual penetration in the second degree under ORS 163.408;

(xvii) Unlawful sexual penetration in the first degree under ORS 163.411;

(xviii) Sexual abuse in the third degree under ORS 163.415;

(xix) Sexual abuse in the second degree under ORS 163.425;

(xx) Sexual abuse in the first degree under ORS 163.427;

(xxi) Promoting prostitution under ORS 167.012;

(xxii) Compelling prostitution under ORS 167.017; or

(xxiii) An attempt to commit a crime listed in this subparagraph other than manslaughter in the second degree and criminally negligent homicide;

(L) Records maintained in the Law Enforcement Data System under ORS 181.595 and 181.596 [section 1 of this 1999 Act].

(e) "Termination" means:

(a) At any dispositional hearing or at the time of entering into a formal accountability agreement;

(b) At the time of termination;

(c) Upon notice to the subject of an expunction pending pursuant to application of a juvenile department or motion on a juvenile court; and

(d) At the time of notice of execution of an expunction order.

SECTION 41. ORS 181.600, as amended by section 18 of this 1999 Act, is amended to read:

181.600. (1)[(a)] No sooner than 10 years after termination of active supervision on probation, conditional release, parole or post-prison supervision, a person required to [report] register as required by ORS 181.595[,] and 181.596 or 181.597 (1) and (2) may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the duty to [report if:]

[(A) The person has only one conviction for, or juvenile court finding of jurisdiction based on, a sex crime;]

[(B) The sex crime was a misdemeanor or Class C felony or, if committed in another state, would have been a misdemeanor or Class C felony if committed in this state; and]

[(C) The person has not been determined to be a predatory sex offender as described in ORS 181.585] register.

[(b)] The district attorney of the county shall be named and served as the respondent in the petition.

(2) The court shall hold a hearing on the petition. In determining whether to grant the relief requested, the court shall consider:

(a) The nature of the offense that required [reporting] registration;

(b) The age and number of victims;

(d) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that required [reporting] registration;

(e) The period of time during which the petitioner has not reoffended;

(f) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

(g) Any other relevant factors.

(4) No sooner than 10 years after the termination of juvenile court wardship of a person required to [report] register under ORS 181.595, 181.596 or 181.597 (1) and (2), the person may file a petition in the circuit court for relief from the duty to [report] register as provided in subsections (1) to (3) of this section.

SECTION 42. ORS 181.603, as amended by section 19 of this 1999 Act, is amended to read:

181.603. (1) When the court imposes sentence upon a person convicted of a sex crime the court shall notify the person of the requirement to [report] register as a sex offender under ORS 181.595 and 181.596.

(2) At the initial intake for incarceration or release on any type of supervised release, the sex offender shall complete a form that documents the offender's obligation to [report] register under ORS 181.595 or 181.596. The Department of State Police shall develop and provide the form. No later than three working days after the sex offender completes the form, the person responsible for the intake process shall send the form to the Department of State Police.

SECTION 43. ORS 181.604, as amended by section 20 of this 1999 Act, is amended to read:

181.604. When the [Department of] Oregon State Police learns that a person required to [report] register under ORS 181.595, 181.596 or 181.597 is moving to another state, the [department] Oregon State Police shall notify the appropriate criminal justice agency of that state of that fact. The [department] Oregon State Police is not responsible for registering and tracking a person once the person has moved from this state.

SECTION 44. ORS 423.478, as amended by section 21 of this 1999 Act, 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

(a) On parole;

(b) On probation;

(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; and

(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 or to the supervising agency, if any:]

[(a) When the person is released; and]

[(b) Within 10 days of a change of residence.]

SECTION 45. ORS 163.345, as amended by section 24 of this 1999 Act, is amended to read:

163.345. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425 or [,] 163.427 [or 163.435] in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

[(3) In any prosecution under ORS 163.445 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense.]

SECTION 46. (1) Sections 1, 22, 23 and, if House Bill 2612 becomes law, 23a of this 1999 Act are repealed July 1, 2002.

(2) The amendments to ORS 137.540, 144.102, 144.270, 163.345, 181.586, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.600, 181.601, 181.603, 181.604, 181.606, 419A.260 and 423.478 by sections 25 to 45 of this 1999 Act become operative July 1, 2002.

SECTION 47. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect September 1, 1999.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date September 1, 1999

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