How to Apply for
Reclassification of Sex Offender Notification Level
 
1.     Reclassification: means the registrant’s sex offender notification level is changed due to a determination by the Board that a lower level of notification is sufficient to protect public safety.
  
2.     Eligibility: Not every registrant is eligible for reclassification. The Board will determine eligibility before reviewing a petition for reclassification. 
     a. Eligibility requirements: Registrants who are classified a Sex Offender Notification Level 3 or Sex Offender Notification Level 2 sex offender and who live, work or go to school in Oregon.
      b.     Disqualifications:
                  i.     Conviction of any of the crimes in ORS 163A.115: Rape in the first degree; Sodomy in the first degree; Unlawful sexual penetration in the first degree; Kidnapping in the first degree as described in ORS 163.235 (1)(e) or when the victim is under 18 years of age; or Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005 (5)(a) to (w).
                   ii.     Designation as a Sexually Violent Dangerous Offender under ORS 137.765.
                   iii.     Convicted of or found guilty except for insanity of a person felony or a person Class A misdemeanor subsequent to the sex offense requiring registration, as those terms are defined in the rules of the Oregon Criminal Justice Commission​.
                   iv.     Initial classification was done by the Psychiatric Security Review Board (PSRB). (Registrants classified by the PSRB should refer to the PSRB for more information.)
                   v.     Registrant previously was given a reclassification from Level 3 to Level 2 (163A.125(3)(b)). Registrants can apply for reclassification from 3 to 2 but then cannot apply for a second reduction to Level 1.
   
3.     Eligibility Time: When can an Offender apply?
      a.   10 years after the date supervision for the sex crime is terminated; or,
       b.    if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court under 163A.125(2)(e).
  
4.     How to apply? Fill out the forms under "Petitions" below and return by email or mail to:
 
  or 
 Board of Parole and Post-Prison Supervision
  Sex Offender Notification
 PO Box 2226
 Salem, OR  97308-2226
 
5.     Petitions: Petitions must be complete when submitted. Incomplete petitions may be returned and may be denied. Materials must be legible and able to be machine copied.
     a.     Forms

     b.   Upon receipt of any qualifying petition, the Board will conduct a review of the sex offender notification level.     
      c.     Required Information - The registrant shall provide as much information as possible to address the following criteria:
                    i.     The nature of and degree of violence involved in the offense that requires reporting;
                    ii.     The age and number of victims of the offense that requires reporting;
                    iii.     The age of the registrant at the time of the offense that requires reporting;
                    iv.     The length of time since the offense that requires reporting and the time period during which the registrant has not reoffended;
                    v.     The registrant’s performance on supervision for the offense that requires reporting;
                    vi.     Whether the registrant has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs;
                    vii.     The registrant’s stability in employment and housing;
                    viii.     The registrant’s community and personal support system;
                    ix.     Other criminal and relevant noncriminal behavior of the registrant both before and after the offense that requires reporting; and
                    x.     Any other relevant factors.
         d.     Accompanying documents: Additional documentation in support of the petition may be included. The Board may place reasonable limits on the number of pages submitted. Documentation must be written clearly and legibly on standard 8.5" x 11” white paper, each page shall have margins of at least 1” on all sides, and pages shall be consecutively numbered on the right side at either the top or bottom of the page. All writing shall be capable of being read and photocopied without difficulty. Petitioners should include:
                            i.     Supporting documents including: sexual offense history, criminal history, victim information, treatment records, employment verification, housing verification, community and personal support verification;
                            ii.     Records from out of Oregon criminal activity including: police reports; judgment orders; disposition orders;
                            iii.     Relevant records from supervision.
 
  6.     Scheduling Hearings: The Board will provide the registrant, Board registered victims and the district attorney with notice and a hearing packet at least 30 days before the hearing. This notice period can be waived.
  
7.     Hearings:
     a.     The registrant shall be present in person, by telephone or videoconference, or by any other electronic medium that ensures the registrant, the panel, and other participants the opportunity to hear and be heard. The registrant must indicate how they will appear and if registrant has witnesses, how the witnesses will appear. If a registrant refuses or fails to appear at a hearing, the refusal will be considered to be the registrant’s waiver of appearance.
      b.     The Board will allow at the hearing, evidence of a type that reasonably prudent persons would commonly rely upon in the conduct of serious affairs. The Board may exclude evidence if it is irrelevant or immaterial to the decision to be made at the hearing or is unduly repetitious. At its discretion, the Board may consider relevant material and additional written information and recommendations from those with a special interest in the case. The Board must receive any information submitted pursuant to this section at least 14 days prior to the hearing. The Board may waive the 14 day requirement.
      c.     The hearing will be conducted by and under control of the Chair or designated representative. The Chair may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter. The Board may eject any disruptive person from a hearing. The Board may require all persons to leave the designated hearing area during deliberations.
      d.     If during the hearing the Chair determines more time or information is needed, the Chair, at the Chair’s sole discretion, may decide whether to continue the hearing at another time.
     e.   ​Notice of Rights and Procedures​ - read this information to prepare for your hearing.
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8.     Final Decisions:

     a.   The Board will make a final decision by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing and all timely submitted relevant materials.

     b.   The Board shall enter an order relieving the person of the obligation to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 if the board determines, by clear and convincing evidence, that the registrant: is statistically unlikely to reoffend; and does not pose a threat to the safety of the public.

     c.  The Board shall enter an order reclassifying a registrant from a level three sex offender to a level two sex offender, or from a level two sex offender to a level one sex offender, if the Board determines, in addition to the registrant’s lower risk of reoffending, that a lower level of notification is sufficient to protect public safety.

     d.   Following the Board’s decision, the Board shall send notice of the Board's final order to the registrant and board registered victims.

     e.   If the petition is denied, the registrant may re-apply for eligibility to petition under OAR 255-087 after 36 months from the date of denial.

     f.   If relief or reclassification is ordered, the Board will notify the Oregon Department of State Police of the final order.

  
Reclassification Links:
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