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Predatory Sex Offender Notice Procedure
      181.585 “Predatory sex offender” defined; determination. (1) For purposes of ORS 181.585 to 181.587, a person is a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and has been convicted of a sex crime listed in ORS 181.594 (4)(a) to (d), has been convicted of attempting to commit one of those crimes or has been found guilty except for insanity of one of those crimes.
      (2) In determining whether a person is a predatory sex offender, an agency shall use a sex offender risk assessment scale approved by the Department of Corrections or a community corrections agency. [Formerly 181.507; 1997 c.538 §10; 2005 c.567 §16]
 
      Note: 181.585 to 181.587 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.586 Notice to appropriate persons of supervised predatory sex offender; content; additional duties of supervising agency. (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:
      (A) Anyone whom the agency determines is appropriate that the person is a predatory sex offender; and
      (B) A long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility.
      (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, regardless of the nature of the crime for which the person is being supervised:
      (A) May notify anyone whom the agency determines is appropriate that the person is a predatory sex offender; and
      (B) Shall notify a long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility.
      (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:
      (a) 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;
      (C) The type of vehicle that the person is known to drive;
      (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.
      (b) Shall include, if the notification is required under subsection (1)(a)(B) or (b)(B) of this section, the information described in paragraph (a)(D), (F) and (H) of this subsection.
      (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.
      (6) Upon termination of its supervision of a person determined to be a predatory sex offender, the agency supervising the person shall:
      (a) Notify the Department of State Police:
      (A) Of the person’s status as a predatory sex offender;
      (B) Whether the agency made a notification regarding the person under this section; and
      (C) Of the person’s level of supervision immediately prior to termination of supervision; and
      (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 and in establishing the person’s level of supervision.
      (7) The agency supervising a person determined to be a predatory sex offender shall verify the residence address of the person every 90 days. [Formerly 181.508; 1997 c.538 §11; 1999 c.626 §10; 1999 c.843 §2; amendments by 1999 c.626 §33 and 1999 c.843 §3 repealed by 2001 c.884 §1; 2001 c.884 §11; 2005 c.671 §11]
 
      Note: See note under 181.585.
 
      181.587 Availability of information on supervised predatory sex offender. (1) Unless the agency determines that release of the information would substantially interfere with the treatment or rehabilitation of the supervised person, an agency that supervises a predatory sex offender shall make any information regarding the person that the agency determines is appropriate, including, but not limited to, the information listed in ORS 181.586 (3), available to any other person upon request.
      (2) Notwithstanding subsection (1) of this section, the agency shall make the information listed in ORS 181.586 (3), or any other information regarding the supervised person that the agency determines is appropriate, available to any other person upon request if the person under supervision:
      (a) Is a predatory sex offender; and
      (b) Is neglecting to take treatment or participate in rehabilitation. [Formerly 181.509]
 
      Note: See note under 181.585.
 
      181.588 Notice to public of unsupervised predatory sex offender; content. (1) Notwithstanding any other provision of law, when a person who has been under supervision by the Department of Corrections or a community corrections agency is no longer under supervision, the Department of State Police, the chief of police of a city police department or a county sheriff may notify the public that the person is a predatory sex offender if:
      (a) While the person was under supervision, the person was determined to be a predatory sex offender as provided in ORS 181.585 and notification under ORS 181.586 was made to someone other than the person’s family; and
      (b) The person’s last primary supervising authority has notified the Department of State Police that the person was under a high level of supervision at the termination of the person’s most recent period of supervision.
      (2) The Department of State Police, the chief of police of a city police department or a county sheriff may notify the public that a person is a predatory sex offender if:
      (a) The Department of State Police, the chief of police or the county sheriff determines that the person is a predatory sex offender as provided in ORS 181.585; and
      (b) The person was not under supervision in this state or for some other reason was not subject to a determination under ORS 181.586.
      (3) When the circumstances authorizing notification to the public of a person’s status as a predatory sex offender under subsection (1) or (2) of this section exist, the Department of State Police, chief of police or county sheriff shall notify a long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the department, chief of police or county sheriff knows that the person is seeking admission to the facility.
      (4) Notification under subsection (1), (2) or (3) of this section may include distribution of any information listed in ORS 181.586 (3)(a). Notification under subsection (3) of this section shall include distribution of the information listed in ORS 181.586 (3)(b). [1995 c.429 §11; 1997 c.538 §12; 1999 c.626 §14; amendments by 1999 c.626 §37 repealed by 2001 c.884 §1; 2001 c.884 §10; 2005 c.671 §12]
 
      Note: 181.588 and 181.589 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.589 Notice to public of unsupervised juvenile predatory sex offender; content. (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 that a person is a predatory sex offender if:
      (a) The person is required to report under ORS 181.595, 181.596 or 181.597 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 State Police, chief of police or sheriff, 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;
      (c) The type of vehicle the person is known to drive;
      (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 and probation officer. [1995 c.422 §§62,62a; 1997 c.538 §15; 1999 c.626 §15; amendments by 1999 c.626 §38 repealed by 2001 c.884 §1; 2005 c.264 §19]
 
      Note: See note under 181.588.
 
      181.590 Agreements to resolve concerns about community notification. 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. [1999 c.626 §22]
 
      Note: 181.590 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
SEX OFFENDER REGISTRATION
 
      181.592 Sex offender information; release to public. (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;
      (D) The name and telephone number of a contact person at the agency that is supervising the sex offender; and
      (E) The name of institutions of higher education that the sex offender attends or at which the sex offender works or carries on a vocation.
      (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;
      (C) The name and telephone number of a contact person at the agency that is supervising the sex offender; and
      (D) The name of institutions of higher education that the sex offender attends or at which the sex offender works or carries on a vocation.
      (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)(a) 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.
      (b) Notwithstanding paragraph (a) of this subsection, the department may not use the Internet to make information available to the public except as required by paragraph (c) of this subsection.
      (c) Notwithstanding subsections (2) and (3) of this section, the department shall use the Internet to make the information described in paragraph (d) of this subsection available to the public if the information is about a person:
      (A) Determined to be a predatory sex offender, as provided in ORS 181.585, who has also been determined, pursuant to rules of the agency making the predatory sex offender determination, to present the highest risk of reoffending and to require the widest range of notification; or
      (B) Found to be a sexually violent dangerous offender under ORS 144.635.
      (d) The information required to be made available under paragraph (c) of this subsection is:
      (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;
      (C) The type of vehicle that the person is known to drive;
      (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;
      (H) If the person is under supervision, the name or telephone number of the person’s parole and probation officer; and
      (I) If the person is not under supervision, contact information for the Department of State Police.
      (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) “Attends,” “institution of higher education,” “sex crime,” “works” and “carries on a vocation” have the meanings given those terms in ORS 181.594.
      (b) “Sex offender” means a person who is required to report under ORS 181.595, 181.596 or 181.597. [1999 c.626 §1; 2001 c.884 §2; 2005 c.567 §13; 2005 c.812 §1]
 
      Note: 181.592 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.593 Internet website. The Department of State Police shall consider:
      (1) Contracting with a private vendor to build and maintain the Internet website required by ORS 181.592 (4)(c).
      (2) Adding links on the website required by ORS 181.592 (4)(c) that connect to other sex offender websites run by Oregon counties and by the federal government. [2005 c.812 §2]
 
      Note: 181.593 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.594 Definitions for ORS 181.595, 181.596, 181.597 and 181.603. As used in ORS 181.595, 181.596, 181.597 and 181.603:
      (1) “Attends” means is enrolled on a full-time or part-time basis.
      (2)(a) “Correctional facility” means any place used for the confinement of persons:
      (A) Charged with or convicted of a crime or otherwise confined under a court order.
      (B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.
      (b) “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.370.
      (3) “Institution of higher education” means a public or private educational institution that provides a program of post-secondary education.
      (4) “Sex crime” means:
      (a) Rape in any degree;
      (b) Sodomy in any degree;
      (c) Unlawful sexual penetration in any degree;
      (d) Sexual abuse in any degree;
      (e) Incest with a child victim;
      (f) Using a child in a display of sexually explicit conduct;
      (g) Encouraging child sexual abuse in any degree;
      (h) Transporting child pornography into the state;
      (i) Paying for viewing a child’s sexually explicit conduct;
      (j) Compelling prostitution;
      (k) Promoting prostitution;
      (L) Kidnapping in the first degree if the victim was under 18 years of age;
      (m) Contributing to the sexual delinquency of a minor;
      (n) Sexual misconduct if the offender is at least 18 years of age;
      (o) Possession of materials depicting sexually explicit conduct of a child in the first degree;
      (p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;
      (q) Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender;
      (r) Any attempt to commit any of the crimes set forth in paragraphs (a) to (q) of this subsection;
      (s) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (q) or (t) of this subsection; or
      (t) Public indecency or private indecency, if the person has a prior conviction for a crime listed in this subsection.
      (5) “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.
      (6) “Works” or “carries on a vocation” means full-time or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit. [Formerly 181.517; 1997 c.538 §2; 1997 c.709 §4; 1999 c.626 §§2,2a; amendments by 1999 c.626 §§25 and 26 repealed by 2001 c.884 §1; 2005 c.483 §1; 2005 c.567 §5; 2005 c.685 §11; 2007 c.876 §6]
 
      Note: 181.594 to 181.596 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.595 Reporting by sex offender who is discharged, paroled or released on supervised release from correctional facility or another state; change of residence procedure. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the agency or official to whom a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.
      (b) When a person who is under supervision reports to the agency supervising the person, the supervising agency may require the person to report instead to the Department of State Police, a chief of police or a county sheriff and provide the supervising agency with proof of the completed registration.
      (2) Subsection (3) of this section applies to a person who:
      (a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:
      (A) Conviction of a sex crime;
      (B) Having been found guilty except for insanity of a sex crime; or
      (C) Having been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a sex crime;
      (b) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state;
      (c) Is paroled to or otherwise placed in this state after having been found by a court in another jurisdiction to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult;
      (d) Is discharged or placed on conditional release by the juvenile panel of the Psychiatric Security Review Board after having been found to be responsible except for insanity under ORS 419C.411 for an act that would constitute a sex crime if committed by an adult; or
      (e) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.
      (3)(a) Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release, the person shall report, in person, to the Department of State Police, a chief of police or a county sheriff or to the supervising agency, if any.
      (b) After making the report required by paragraph (a) of this subsection, the person shall report, in person:
      (A) Within 10 days of a change of residence;
      (B) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
      (C) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
      (D) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
      (c) The person shall make the reports required by paragraph (b) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.
      (d) If the person required to report under this subsection is a youth offender or young person, as defined in ORS 419A.004, who is under supervision, the person shall make the reports required by paragraphs (a) and (b) of this subsection to the agency supervising the person.
      (e) The obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.
      (4) As part of the registration requirement under this section, the Department of State Police, the chief of 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. [Formerly 181.518; 1997 c.538 §3; 1997 c.709 §1; 1999 c.626 §3; amendments by 1999 c.626 §27 repealed by 2001 c.884 §1; 2005 c.567 §6; 2005 c.843 §34]
 
      Note: See note under 181.594.
 
      181.596 Reporting by sex offender released or discharged; change of residence procedure. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the agency or official to whom a person reports under subsection (4) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (4) of this section.
      (b) When a person who is under supervision reports to the agency supervising the person, the supervising agency may require the person to report instead to the Department of State Police, a chief of police or a county sheriff and provide the supervising agency with proof of the completed registration.
      (2) Subsection (4) of this section applies to a person who is discharged, released or placed on probation:
      (a) By the court after being convicted in this state of a sex crime;
      (b) By the juvenile court after being found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a sex crime;
      (c) To this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state; or
      (d) To this state after having been found by a court in another jurisdiction to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult.
      (3) The court shall ensure that the person completes a form that documents the person’s obligation to report under ORS 181.595 or this section. No later than three working days after the person completes the form required by this subsection, the court shall ensure that the form is sent to the Department of State Police.
      (4)(a) Within 10 days following discharge or release, the person shall report, in person, to the Department of State Police, chief of police or county sheriff or to the supervising agency, if any.
      (b) After making the report required by paragraph (a) of this subsection, the person shall report, in person:
      (A) Within 10 days of a change of residence;
      (B) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
      (C) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
      (D) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
      (c) The person shall make the reports required by paragraph (b) of this subsection to the department, a chief of police, a county sheriff or the supervising agency, if any.
      (d) If the person required to report under this subsection is a youth offender, as defined in ORS 419A.004, who is under supervision, the person shall make the reports required by paragraphs (a) and (b) of this subsection to the agency supervising the person.
      (e) The obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.
      (5) As part of the registration requirement under this section, the Department of State Police, the chief of 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. [Formerly 181.519; 1997 c.538 §4; 1997 c.709 §2; 1997 c.727 §13; 1999 c.626 §4; amendments by 1999 c.626 §28 repealed by 2001 c.884 §1; 2005 c.567 §7]
 
      Note: See note under 181.594.
 
      181.597 Reporting by certain persons upon moving into state; reporting by certain nonresidents. (1)(a) When a person listed in subsection (2) of this section moves into this state and is not otherwise required by ORS 181.595 or 181.596 to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office:
      (A) No later than 10 days after moving into this state;
      (B) Within 10 days of a change of residence; and
      (C) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence.
      (b) When a person listed in subsection (2) of this section attends school or works in this state, resides in another state and is not otherwise required by ORS 181.595 or 181.596 to report, the person shall report, in person, to the department, a city police department or a county sheriff’s office no later than 10 days after:
      (A) The first day of school attendance or the 14th day of employment in this state; and
      (B) A change in school enrollment or employment.
      (c) As used in paragraph (b) of this subsection, “attends school” means enrollment in any type of school on a full-time or part-time basis.
      (d) When a person reports under paragraph (a) of this subsection, the agency or official to whom 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 photograph the person and obtain the signature of the person; and
      (b) May fingerprint the person. [1995 c.429 §§2,4; 1997 c.538 §5; 1997 c.709 §3; 1999 c.626 §5; amendments by 1999 c.626 §29 repealed by 2001 c.884 §1; 2005 c.567 §15]
 
      Note: 181.597 to 181.602 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.598 Registration forms; state police to provide; fee. (1) Agencies and officials required to register offenders under ORS 181.595, 181.596 and 181.597 shall use forms provided by the Department of State Police. The department shall include places on the form to list all the names used by the offender and the address of the offender. No later than three working days after registration, the agency or official completing the form shall:
      (a) Send the original copy of the registration form to the department; or
      (b) Forward the registration information to the department by any means and, within 10 working days after registration, send the original copy of the registration form to the department.
      (2) If the person is no longer under supervision, the department shall verify the residence address of a person determined to be a sexually violent dangerous offender as defined in ORS 137.765 every 90 days by mailing a verification form to the person at the person’s last reported residence address. No later than 10 days after receiving the form, the person shall sign and return the form to the department.
      (3) The department shall assess a person who is required to report under ORS 181.595, 181.596 or 181.597 and who is not under supervision a fee of $70 each year. Moneys received by the department under this subsection are continuously appropriated to the department for the purpose of carrying out the department’s duties under ORS 181.585 to 181.587, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.601, 181.602, 181.603, 181.604, 181.605, 181.606 and 181.820. [1995 c.429 §3; 1999 c.626 §§6,7; amendments by 1999 c.626 §30 repealed by 2001 c.884 §1]
 
      Note: See note under 181.597.
 
      181.599 Failure to report as sex offender. (1) A person who is required to report as a sex offender and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person fails, as required by ORS 181.595, 181.596 or 181.597, to:
      (a) Make the initial report to the appropriate agency or official;
      (b) Report when the person works at, carries on a vocation at or attends an institution of higher education;
      (c) Report following a change of residence, school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;
      (d) Make an annual report; or
      (e) Provide complete and accurate information.
      (2) Except as otherwise provided in subsection (3) of this section, failure to report as a sex offender is a Class A misdemeanor.
      (3) Failure to report as a sex offender is a Class C felony if the person violates:
      (a) Subsection (1)(a) of this section; or
      (b) Subsection (1)(b) or (c) of this section and the crime for which the person is required to report is a felony.
      (4) A person who fails to sign and return an address verification form as required by ORS 181.598 (2) commits a violation. [1991 c.389 §4; 1995 c.429 §5; 1997 c.538 §6; 1999 c.626 §8; amendments by 1999 c.626 §31 repealed by 2001 c.884 §1; 2005 c.567 §11]
 
      Note: See note under 181.597.
 
      181.600 [1991 c.389 §5; 1993 c.147 §4; 1995 c.422 §§63,63a; 1999 c.626 §18; amendments by 1999 c.626 §41 repealed by 2001 c.884 §1; 2001 c.884 §3; 2005 c.567 §1; renumbered 181.820 in 2007]
 
      181.601 Victim access to sex offender information; toll-free telephone number. (1)(a) When information about a person is first entered into the Law Enforcement Data System under ORS 181.592, 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 State Police shall establish a toll-free telephone number to provide victims with updates on the prison status, release information, parole status and any other information authorized for release in ORS 181.592 (2) and (3) 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. [1991 c.389 §6; 1995 c.429 §7; 1997 c.538 §7; 1999 c.626 §9; amendments by 1999 c.626 §32 repealed by 2001 c.884 §1]
 
      Note: See note under 181.597.
 
      181.602 Purpose of sex offender reporting requirements. The purpose of ORS 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.601 and 181.820 is to assist law enforcement agencies in preventing future sex offenses. [1991 c.389 §7; 1995 c.429 §8]
 
      Note: See note under 181.597.
 
      181.603 Notice of reporting requirement to be given at sentencing; procedure at intake. (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 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 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. [1997 c.538 §1; 1999 c.626 §19; amendments by 1999 c.626 §42 repealed by 2001 c.884 §1]
 
      Note: 181.603 to 181.606 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      181.604 Notice required when offender moves to another state. When the Department of State Police learns that a person required to report under ORS 181.595, 181.596 or 181.597 is moving to another state, the department shall notify the appropriate criminal justice agency of that state of that fact. The department is not responsible for registering and tracking a person once the person has moved from this state. [1997 c.538 §8; 1999 c.626 §20; amendments by 1999 c.626 §43 repealed by 2001 c.884 §1]
 
      Note: See note under 181.603.
 
      181.605 Offender profiling. (1) For those sex offenders designated as a predatory sex offender by a community corrections agency, the Department of Corrections and any other agency that is responsible for supervising or treating sex offenders, the agency or department shall provide the Department of State Police, by electronic or other means, at the termination of supervision, with the following information for the purpose of offender profiling:
      (a) Presentence investigations;
      (b) Violation reports;
      (c) Parole and probation orders;
      (d) Conditions of parole and probation and other corrections records;
      (e) Sex offender risk assessment tools; and
      (f) Any other information that the agency determines is appropriate disclosure of which is not otherwise prohibited by law.
      (2) The Oregon Youth Authority and county juvenile departments shall provide access to information in their files to the Oregon State Police for the purpose of offender profiling.
      (3)(a) Except as otherwise provided by law, the Oregon State Police may not disclose information received under subsection (1) or (2) of this section.
      (b) The Department of State Police may release information on the methodology of offenses and behavior profiles derived from information received under subsection (1) or (2) of this section to local law enforcement agencies. [1997 c.538 §9]
 
      Note: See note under 181.603.
 
      181.606 Immunity. 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, 181.592, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.601, 181.602 and 181.820. [1997 c.538 §13; 1999 c.626 §16; amendments by 1999 c.626 §39 repealed by 2001 c.884 §1]
 
      Note: See note under 181.603.
 
      181.607 [2001 c.884 §3a; 2003 c.530 §1; 2005 c.567 §2; 2005 c.843 §30; 2007 c.609 §§5,6; renumbered 181.823 in 2007]
 
      181.608 [2003 c.530 §2; 2005 c.567 §3; renumbered 181.826 in 2007]
 
RELIEF FROM SEX OFFENDER REPORTING REQUIREMENT
 
      181.820 Relief from reporting requirement generally; procedure. (1)(a) No sooner than 10 years after termination of supervision on probation, conditional release, parole or post-prison supervision, a person required to report under ORS 181.595, 181.596 or 181.597 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.
      (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;
      (b) The age and number of victims;
      (c) The degree of violence involved in the offense;
      (d) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that required 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 report. When the court enters an order under this subsection, the petitioner shall send a certified copy of the court order to the Department of State Police. [Formerly 181.600]
 
      181.823 Relief from reporting requirement; juvenile offenders. (1)(a) No sooner than two years, but no later than five years, after the termination of juvenile court jurisdiction or, if the person was placed under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529, board jurisdiction over a person required to report under ORS 181.595, 181.596 or 181.597, the person may file a petition for relief from the duty to report. The person must file the petition in the juvenile court in which the person was adjudicated for the act that requires reporting.
      (b) The juvenile court in which a petition under this section is filed may transfer the matter to the juvenile court of the county that last supervised the person if the court determines that the convenience of the parties, the victim and witnesses require the transfer.
      (c) The juvenile court has exclusive original jurisdiction in any proceeding under this section.
      (d) The person, the district attorney and the juvenile department are parties to a hearing on a petition filed under this section.
      (2) When a person files a petition under this section and the petition was filed:
      (a) No later than three years after the termination of juvenile court jurisdiction or, if the person was placed under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529, board jurisdiction, the state has the burden of proving by clear and convincing evidence that the person is not rehabilitated and continues to pose a threat to the safety of the public.
      (b) More than three years, but no later than five years, after the termination of juvenile court jurisdiction or, if the person was placed under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529, board jurisdiction, the person has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public.
      (3) In determining whether the state or the person has met the burden of proof established in subsection (2) of this section, the juvenile court may consider but need not be limited to considering:
      (a) The extent and impact of any physical or emotional injury to the victim;
      (b) The nature of the act that subjected the person to the duty of reporting as a sex offender;
      (c) Whether the person used or threatened to use force in committing the act;
      (d) Whether the act was premeditated;
      (e) Whether the person took advantage of a position of authority or trust in committing the act;
      (f) The age of any victim at the time of the act, the age difference between any victim and the person and the number of victims;
      (g) The vulnerability of the victim;
      (h) Other acts committed by the person that would be crimes if committed by an adult and criminal activities engaged in by the person before and after the adjudication;
      (i) Statements, documents and recommendations by or on behalf of the victim or the parents of the victim;
      (j) The person’s willingness to accept personal responsibility for the act and personal accountability for the consequences of the act;
      (k) The person’s ability and efforts to pay the victim’s expenses for counseling and other trauma-related expenses or other efforts to mitigate the effects of the act;
      (L) Whether the person has participated in and satisfactorily completed a sex offender treatment program or any other intervention, and if so the juvenile court may also consider:
      (A) The availability, duration and extent of the treatment activities;
      (B) Reports and recommendations from the providers of the treatment;
      (C) The person’s compliance with court, board or supervision requirements regarding treatment; and
      (D) The quality and thoroughness of the treatment program;
      (m) The person’s academic and employment history;
      (n) The person’s use of drugs or alcohol before and after the adjudication;
      (o) The person’s history of public or private indecency;
      (p) The person’s compliance with and success in completing the terms of supervision;
      (q) The results of psychological examinations of the person;
      (r) The protection afforded the public by the continued existence of the records; and
      (s) Any other relevant factors.
      (4) In a hearing under this section, the juvenile court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150.
      (5) When a petition is filed under this section, the state has the right to have a psychosexual evaluation of the person conducted. The state shall file notice with the juvenile court of its intention to have the person evaluated. If the person objects to the evaluator chosen by the state, the juvenile court for good cause shown may direct the state to select a different evaluator.
      (6) As soon as practicable after a petition has been filed under this section, the district attorney or juvenile department shall make a reasonable effort to notify the victim of the crime that the person has filed a petition seeking relief under this section and, if the victim has requested, to inform the victim of the date, time and place of a hearing on the petition in advance of the hearing.
      (7)(a) When a petition has been filed under this section and the petition was filed:
      (A) No later than three years after the termination of juvenile court jurisdiction or, if the person was placed under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529, board jurisdiction, the court shall hold a hearing on the petition no sooner than 60 days and no later than 120 days after the date of filing.
      (B) More than three years, but no later than five years, after the termination of juvenile court jurisdiction or, if the person was placed under the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529, board jurisdiction, the court shall hold a hearing no sooner than 90 days and no later than 150 days after the date of filing.
      (b) Notwithstanding paragraph (a) of this subsection, upon a showing of good cause, the court may extend the period of time in which a hearing on the petition must be held.
      (8) When the state has the burden of proof under subsection (2) of this section and proves by clear and convincing evidence that the person is not rehabilitated and continues to pose a threat to the safety of the public, the court shall deny the petition. When the person has the burden of proof under subsection (2) of this section and proves by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public, the court shall grant the petition.
      (9) When a juvenile court enters an order relieving a person of the requirement to report under ORS 181.595, 181.596 or 181.597, the person shall send a certified copy of the juvenile court order to the Department of State Police.
      (10) If a person commits an act that could be charged as a sex crime listed in ORS 137.707 and the person is 15, 16 or 17 years of age at the time the act is committed, the state and the person may stipulate that the person may not petition for relief under this section as part of an agreement that the person be subject to the jurisdiction of the juvenile court rather than being prosecuted as an adult under ORS 137.707. [Formerly 181.607]
 
      181.826 Relief from reporting requirement; juvenile offenders from different jurisdiction. (1) Except as provided in subsection (6) of this section, when a person is required to report under ORS 181.595, 181.596 or 181.597 as a result of having been found in a juvenile adjudication in another jurisdiction to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult, the person may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the duty to report if:
      (a) The person has been registered as a sex offender in this state for at least two years;
      (b) At least two years, but not more than five years, have elapsed since the termination of supervision on probation or parole; and
      (c) The person submits with the petition all releases and waivers necessary to allow the district attorney for the county in which the petition is filed to obtain the following documents from the jurisdiction in which the person was adjudicated for the sex crime:
      (A) The juvenile court petition;
      (B) The dispositional report to the court;
      (C) The order of adjudication or jurisdiction;
      (D) Any other relevant court documents;
      (E) The police report relating to the sex crime for which reporting is required;
      (F) The order terminating jurisdiction for the sex crime for which reporting is required; and
      (G) The evaluation and treatment records or reports of the person that are related to the sex crime for which reporting is required.
      (2) A person filing a petition under this section has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public.
      (3) Unless the court finds good cause for a continuance, the court shall hold a hearing on the petition no sooner than 90 days and no later than 150 days after the date the petition is filed.
      (4) Notwithstanding subsection (1)(b) of this section, if a person has not been registered as a sex offender in this state for two years until more than five years have elapsed since the termination of supervision on probation or parole, the person may file a petition seeking relief under this section if the person files the petition no later than 90 days after the date on which the person has been registered as a sex offender in this state for two years.
      (5) If a person who files a petition under this section is required to report as a sex offender for having committed an act that if committed in this state could have subjected the person to prosecution as an adult under ORS 137.707, the court may not grant the petition notwithstanding the fact that the person has met the burden of proof established in subsection (2) of this section unless the court determines that to do so is in the interest of public safety.
      (6) This section does not apply to a person who is required to register as a sex offender for life in the jurisdiction in which the offense occurred.
      (7) In a hearing under this section, the court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150.
      (8) If the court is satisfied by clear and convincing evidence that the person is rehabilitated and that the person does not pose a threat to the safety of the public, the court shall enter an order relieving the person of the duty to report. When the court enters an order under this subsection, the person shall send a certified copy of the court order to the Department of State Police. [Formerly 181.608]
 
      181.830 Relief from reporting requirement; circumstances; order. A person otherwise required to report under ORS 181.595, 181.596 or 181.597 is not required to report, and if currently reporting is no longer required to report, if:
      (1)(a) The person has been convicted of:
      (A) Rape in the third degree as defined in ORS 163.355;
      (B) Sodomy in the third degree as defined in ORS 163.385;
      (C) Sexual abuse in the third degree as defined in ORS 163.415;
      (D) Contributing to the sexual delinquency of a minor as defined in ORS 163.435;
      (E) Sexual misconduct as defined in ORS 163.445; or
      (F) An attempt to commit an offense listed in subparagraphs (A) to (E) of this paragraph;
      (b) The person has been found guilty except for insanity of an offense listed in paragraph (a) of this subsection;
      (c) The person has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute an offense listed in paragraph (a) of this subsection; or
      (d) The person is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute an offense listed in paragraph (a) of this subsection;
      (2)(a) The person is less than five years older than the victim;
      (b) The victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;
      (c) At the time of the offense or act, the person had no prior conviction for an offense listed in ORS 181.594 (4) or adjudication for an act that if committed by an adult would constitute an offense listed in ORS 181.594 (4), or no prior conviction or adjudication for conduct in another jurisdiction that if committed in this state by an adult would constitute an offense listed in ORS 181.594 (4); and
      (d) The victim was at least 14 years of age at the time of the offense or act; and
      (3) The court enters an order relieving the person of the requirement to report under ORS 181.832 or 181.833. [2007 c.627 §1]
 
      181.832 Procedure for relief under ORS 181.830; upon conviction or adjudication. (1) When a person is convicted of an offense or adjudicated for an act described in ORS 181.830 (1), the court shall determine whether the person is required to report under ORS 181.595 or 181.596.
      (2) The court shall enter an order relieving the person of the requirement to report, unless:
      (a) The court finds by a preponderance of the evidence that the person does not meet the eligibility requirements described in ORS 181.830; or
      (b) The district attorney and the person stipulate that the person is required to report.
      (3) The state has the burden of proving that the person does not meet the eligibility requirements described in ORS 181.830. [2007 c.627 §2]
 
      181.833 Procedure for relief under ORS 181.830; after conviction or adjudication. (1) A person who meets the criteria described in ORS 181.830 and seeks relief from the requirement to report under ORS 181.595, 181.596 or 181.597 shall:
      (a) If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a motion for relief from the requirement to report and an affidavit of eligibility with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the motion and affidavit on the district attorney for that county.
      (b) If the person was convicted in another jurisdiction of an offense or adjudicated in another jurisdiction for an act giving rise to the obligation to report, file a petition for relief from the requirement to report and an affidavit of eligibility with the circuit court of the county in which the person resides and serve a copy of the petition and affidavit on the district attorney for that county.
      (2) The court shall schedule a hearing more than 90 days from the date of the filing described in subsection (1) of this section. The court shall notify the person and the district attorney of the date of the hearing.
      (3)(a) Upon receipt of the affidavit described in subsection (1) of this section, the district attorney shall determine whether the district attorney contests the request for relief.
      (b) If the district attorney does not contest the request for relief, the district attorney shall submit an order to the court relieving the person of the reporting requirements described in ORS 181.595, 181.596 or 181.597. The court shall enter the order.
      (c) If the district attorney contests the request for relief, the district attorney shall notify the person of that determination within 90 days.
      (4) At the hearing, the state has the burden of proving that the person does not meet the eligibility requirements described in ORS 181.830.
      (5)(a) If the court finds, by a preponderance of the evidence, that the person does not meet the eligibility requirements described in ORS 181.830, the court shall enter an order denying the request for relief.
      (b) If the court does not make the finding described in paragraph (a) of this subsection, the court shall enter an order relieving the person from the requirement to report.
      (6)(a) If the court relieves the person from the requirement to report, the person shall send a certified copy of the court order to the Department of State Police.
      (b) Upon receipt of the order, the Department of State Police shall remove from the Law Enforcement Data System the sex offender information obtained from the sex offender registration form submitted under ORS 181.595, 181.596 or 181.597.
      (7) The order entered under subsection (5) of this section is not subject to appeal.
      (8) The Oregon Evidence Code does not apply to the hearing described in subsection (4) of this section. [2007 c.627 §3]
 
      Note: Section 6, chapter 627, Oregon Laws 2007, provides:
      Sec. 6. Section 3 of this 2007 Act [181.833] applies to persons:
      (1) Convicted of an offense or adjudicated for an act in this state before the effective date of this 2007 Act [January 1, 2008]; and
      (2) Convicted of an offense or adjudicated for an act in another jurisdiction before, on or after the effective date of this 2007 Act. [2007 c.627 §6]