Chapter 924 Oregon Laws 1999

Session Law

AN ACT

HB 2328

Relating to dangerous offenders; appropriating money; and declaring an emergency.

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

SECTION 1. (1) As used in this section and section 2 of this 1999 Act:

(a) "History of sexual assault" means that a person has engaged in unlawful sexual conduct that:

(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and

(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

(b) "Sexually violent dangerous offender" means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the State Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subsection (3) of this section.

(2) When a person is released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subsection (3) of this section, the board or local supervisory authority shall subject the person to intensive supervision for the full period of the person's parole or post-prison supervision if:

(a) The person was 18 years of age or older at the time the person committed the offense; and

(b) The board or local supervisory authority finds that the person is a sexually violent dangerous offender.

(3) The crimes to which subsection (2) of this section applies are:

(a) Rape in the first degree and sodomy in the first degree if the victim was:

(A) Subjected to forcible compulsion by the person;

(B) Under 12 years of age; or

(C) Incapable of consent by reason of mental defect, mental incapacitation or physical helplessness;

(b) Unlawful sexual penetration in the first degree; and

(c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection.

SECTION 2. The Department of Corrections and the State Board of Parole and Post-Prison Supervision, in consultation with local supervisory authorities, shall jointly adopt rules establishing:

(1) Procedures for identifying sexually violent dangerous offenders; and

(2) Methods of intensive supervision for sexually violent dangerous offenders.

SECTION 3. (1)(a) In addition to and not in lieu of any other appropriations, there is appropriated to the Department of Corrections, for the biennium beginning July 1, 1999, out of the General Fund, the amount of $29,534, which may be expended only for carrying out the purposes of sections 1 and 2 of this 1999 Act.

(b) In carrying out its responsibilities under sections 1 and 2 of this 1999 Act, the department may allocate moneys appropriated under paragraph (a) of this subsection to local supervisory authorities for intensive supervision of sexually violent dangerous offenders.

(2) In addition to and not in lieu of any other appropriations, there is appropriated to the State Board of Parole and Post-Prison Supervision, for the biennium beginning July 1, 1999, out of the General Fund, the amount of $5,580, which may be expended only for carrying out the purposes of sections 1 and 2 of this 1999 Act.

SECTION 4. Once each biennium, the Department of Corrections, the State Board of Parole and Post-Prison Supervision and local supervisory authorities shall determine the number of offenders expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium.

SECTION 5. 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 on its passage.

Approved by the Governor August 2, 1999

Filed in the office of Secretary of State August 2, 1999

Effective date August 2, 1999

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