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History of Sex Offender Registration

 

Oregon’s first registration laws were enacted in 1989. 

  • Community Corrections was responsible for all registration and began when an offender was released on parole or was sentenced to a term of probation.  The registration requirement was for 5 years.
  • Community Corrections was required to enter offender information into the Law Enforcement Data System (LEDS) (i.e., name, description, address and offense).  The information was updated only when the offender changed residences and could give an address update “in writing” by mail.
  • There were no criminal penalties for failing to register.
 
In 1991 new crimes are added requiring registration. 
  • Supervised adult offenders coming into Oregon via Interstate Compact Agreement are made subject to registration.
  • During their supervision, offenders are required to register with Community Corrections; post supervision offenders are to register with Oregon State Police.
  • Annual registration and within 30 days of an address change is added to the requirements.
  • Penalties are added for non-compliance ranging from a violation to Class C Felony.
  • Registration is changed to lifetime from the 5-year requirement and the ability for the offender to petition the court for relief from registration 10 years after the end of their supervision is added.  The new laws “grandfather” offenders in from 1989.

 
In 1993 “Predatory” designation is created for convictions of: 

Rape in any degree, Sodomy in any degree, Penetration with an Object in any degree, Sex Abuse in any degree and attempts to commit any of the above AND “Exhibits characteristics showing a tendency to victimize or injure others”.  Language regarding the use of a risk assessment tool is included. 

  • Non-mandatory public notification is included, with any level of notification available at the discretion of the supervising official.
  • Persons found “guilty except for insanity” of a sex crime are required to register the same as other sex offenders.
 
In 1995 additional crimes are added to the list requiring registration. 
  • The registration requirement is changed to include offenders who move into Oregon from another “jurisdiction” or another state.
  • The registration requirement is reduced from 30 days to 10 days for annual and address changes.
  • Misdemeanor sex crimes are added to the list of offenses that are not eligible for petition to set aside a conviction.
  • Predatory offender “community notification” authority is extended to law enforcement after the termination of an offender’s parole/probation.
  • Changes are made to include juveniles who commit sex crimes including mandatory sentencing and remanding to adult court.
  • Lifetime registration for juveniles is enacted with the ability to petition for relief from registration after 10 years.
  • Youth may now be considered predatory and subject to community notification.
 
In 1997 all registration offenses became Class A Misdemeanor or Class C Felony. 
  • Supervising agencies must provide additional information to the State Police for purposes of offender profiling.
  • Oregon Youth Authority and county juvenile departments are mandated to allow Oregon State Police access to their files for offender profiling.
  • Agencies and employees are given immunity from liability in performing their registration/notification duties.
 
In 1999 Oregon complied with the federal registration mandates surrounding the Jacob Wetterling Act by instigating a central registration repository at the Oregon State Police. 
  • To comply with Megan’s Law Oregon enacted public access to registered offender information via telephone, in-person inquiry, and internet access language.
  • New crimes were added requiring registration.
  • Oregon State Police develops the software to provide public web site access, the system is tested and ready to implement.
  • Court injunctions are filed against the Oregon State Police in Marion County Circuit Court, prohibiting the release of offender information on the internet.
  • Language is added limiting the release of address and conviction information by Oregon State police on supervised sex offenders.
 
In 2002 a legislative change occurred which allowed the Oregon State Police to use the internet to make predatory sex offender information available to the public. 
  • An additional court injunction is filed against Oregon State Police prohibiting release of offender information on the internet and the 1999 injunction continues.
  • Language to allow juveniles relief from the duty to register is added.
  • Prior to release, notification must be made to appropriate law enforcement by the Parole Board when an offender is released on parole or post-prison supervision (same applies to offenders on probation).
  • Language is added which outlines criteria to be used by Oregon State Police or local law enforcement to determine if an offender now off of supervision qualifies for predatory status and public notification.

 
In 2003 the injunctions against Oregon State Police were vacated. 

Due to budget cuts, Oregon State Police laid off approximately 129 Troopers and 125 professional staff, not including existing vacancy cuts.  No funding existed to implement a public web site for sex offender notification. 
 
In 2004 language is changed allowing juveniles to petition for registration relief. 
 
In 2005 legislative changes were made to create a public sex offender internet site and track offenders working or attending colleges in Oregon.

  • High risk Predatory sex offenders are posted to a public website at sexoffenders.oregon.gov which is available to the public on June 29, 2006.
  • Registered sex offenders who are employed or enrolled at a post-secondary institution are required to report to law enforcement within 10 days of enrollment or 10 days from their 14th day of employment (effective January 1, 2006).
  • Persons receiving relief from registration are required to send a certified copy of the court orders to the Oregon State Police Sex Offender Registration Unit.
  • A second conviction of public or private indecency is now a registerable crime.