Before their scheduled release, each youth will be scheduled to appear in court for what is called a sex offender determination hearing. A youth can waive their right to a hearing, but then they will be required to register as a sex offender.
At the hearing, the youth involved must be able to show they have changed their behavior, are rehabilitated, and do not pose a risk to the safety of the public.
The court considers many things, including:
- How much physical and emotional injury there was to the victim
- The type of offense committed
- If there was the use of force or threats
- If the offense was planned
- If the youth used their relationship or trust to offend the victim
- The age of the youth and of the victim at the time of the offense
- If the victim was vulnerable in some way
- Other laws that might have been broken
- Whether the youth has made efforts to fix the harm they caused
- Treatment and evaluation reports, incident reports, and other documents from treatment providers
- Statements and documents from the victim or other people
- Any other related information
What could reduce the likelihood of having to register as a sex offender?
- Accepting responsibility for committing the offense and the harm caused
- Having made efforts to pay any court-ordered restitution
- Having successfully completed sex offense-specific treatment
- Following the terms of all court orders and supervision agreements
- Showing rehabilitation and a lack of risk to the public’s safety.
The court will send a certified copy of the court's decision to the Oregon State Police, which handles the sex offender database.