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Sex Offender Relief/Reclassification

 

For Adults:
 
 Classification of Sex Offenders
 

Enabling Legislation: ORS 163A and OARs 859-400-0001 - 859-400-0045

 

For a fact sheet concerning notification, please click here 
 
ORS 163A was signed into law in 2013.  In part, it mandates that all adults who have successfully asserted the Guilty Except for Insanity defense (GEI) and who are required to register as sex a offender be classified based on risk to the public.  The deadline for all GEI clients to be designated with their level of risk is December, 2018.  Between August 2015 and December 2018, the PSRB will complete the classifications for all registrants. Each registrant will be designated with a 1, 2 or 3 level, 3 being the highest risk of reoffending. Prior to submitting the classification to the Oregon State Police Sex Offender Unit, all registrants will be mailed their classification and will have an opportunity to submit written objections to the assessment score. Registrants who do not keep their address updated through the Oregon State Police Sex Offender Registry at risk of not receiving their classification paperwork. If risk mitigation information from the registrant cannot be gathered to complete an assessment, the registrant may be classified at a higher risk.

 
The classification system does not apply to those youth who are adjudicated responsible except for insanity (REI).
 
Depending on the risk of the registrant, information about the registrant may be available to law enforcement and the general public. This could include the registrant's name being posted on a public website, notification of family members who reside with the registrant, notification of neighbors, schools, churches or establishments where persons are at risk of being victimized.
 
Relief and Reclassification of Sex Offenders:
 
ORS 163A also designated the PSRB as the relief authority for those GEI sex offenders who would like to request relief from the obligation to register as a sex offender or to request that they be reclassified to a lower risk level. Registrants will be able to apply for relief or reclassification at the PSRB beginning in January 2019. Check back in 2018 for a link to any rulemaking action for this program.    
    
For Juveniles:
 
 
Juvenile Sex Offender Registration and Relief Procedures:
  
Effective April 2016, if a youth is convicted or found Responsible Except for Insanity (REI) of a sex crime, they will NOT register as a sex offender while under PSRB or OYA supervision. Six months prior to the End of Jurisdiction (EOJ) of a PSRB youth, the PSRB will notify the juvenile court that jurisdiction will end in six months. Or, in the case of an early discharge, the Board will be notifying the court no later than 3 days after the early discharge hearing. The court will then appoint a defense counsel and set a “sex offender relief from registration hearing.” The PSRB will receive notice of this hearing and will notify the Assistant Attorney General who represents the State at PSRB hearings, the PSRB defense counsel and the youth’s mental health provider as well as upload the entire PSRB exhibit file to the court at least 45 days prior to the scheduled relief hearing. Victims should be notified by the District Attorney in the county of the hearing. At this hearing, the court will look at the evidence presented by the youth and the State to determine if sex offender registration will be required or whether relief from registration is granted to the youth.
 
This new law was passed using two bills – one during the 2015 session and one during the 2016 session. The statutory authority is ORS 163A.030. As of this writing, 2016 Oregon Laws are not published so do not refer to the 2015 version of ORS 163A.030 online as it is not current law. The enrolled bill language has the correct law and can be found at the Oregon Legislature website by clicking here 2015 HB 2320, 2016 HB 4074 - section 2.