Chapter 843 Oregon Laws 1999

Session Law

AN ACT

HB 2807

Relating to offender notification; creating new provisions; and amending ORS 181.586.

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

SECTION 1. ORS 181.586 is amended to read:

181.586. (1) 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.

(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) Not later than 10 days after making its determination that a person is a predatory sex offender, the agency supervising the person shall:

(a) Notify the 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 Department of State Police, by electronic or other means, all of the information listed in subsection (3) of this section that is available.

(5) When the Department of State Police receives information regarding a person under subsection (4) of this section, the Department of State Police, upon request, may make the information available to the public.

[(4)] (6) [When an agency determines that a person under its supervision is a predatory sex offender, the agency,] Upon termination of its supervision of a person determined to be a predatory sex offender, the agency supervising the person shall:

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

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

[(c)] (b) 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.

SECTION 2. If Senate Bill 740 becomes law, section 1 of this 1999 Act (amending ORS 181.586) is repealed and ORS 181.586, as amended by section 10, chapter 626, Oregon Laws 1999 (Enrolled Senate Bill 740), 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) Not later than 10 days after making its determination that a person is a predatory sex offender, the agency supervising the person shall:

(a) Notify the 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 Department of State Police, by electronic or other means, all of the information listed in subsection (3) of this section that is available.

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

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

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

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

SECTION 3. If Senate Bill 740 becomes law, ORS 181.586, as amended by sections 10 and 33, chapter 626, Oregon Laws 1999 (Enrolled Senate Bill 740), is amended to read:

(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) Not later than 10 days after making its determination that a person is a predatory sex offender, the agency supervising the person shall:

(a) Notify the 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 Oregon State Police, by electronic or other means, all of the information listed in subsection (3) of this section that is available.

(5) When the Oregon State Police receives information regarding a person under subsection (4) of this section, the Oregon State Police, upon request, may make the information available to the public.

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

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

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

SECTION 4. The amendments to ORS 181.586 by section 3 of this 1999 Act become operative July 1, 2002.

Approved by the Governor July 22, 1999

Filed in the office of Secretary of State July 22, 1999

Effective date October 23, 1999

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