ORS 163A.105
When risk assessments performed

  • classification into risk level
  • review
  • rules

(1)

When a person convicted of a crime described in ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree) is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology). The board shall apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) before the person is released from custody.

(2)

When a person convicted of a sex crime is sentenced to a term of incarceration in a jail, or is discharged, released or placed on probation by the court, the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) no later than 90 days after the person is released from jail or discharged, released or placed on probation by the court.

(3)

Intentionally left blank —Ed.

(a)

When a person is found guilty except for insanity of a sex crime, the Psychiatric Security Review Board shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) no later than 90 days after the person is:

(A)

Placed on conditional release by the Psychiatric Security Review Board;

(B)

Discharged from the jurisdiction of the Psychiatric Security Review Board;

(C)

Placed on conditional release by the court pursuant to ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony); or

(D)

Discharged by the court pursuant to ORS 161.329 (Order of discharge).

(b)

If the State Board of Parole and Post-Prison Supervision previously completed a risk assessment and assigned a classification level described in ORS 163A.100 (Risk assessment methodology) for a person described in paragraph (a) of this subsection, the Psychiatric Security Review Board need not complete a reassessment for an initial classification.

(c)

The court shall notify the Psychiatric Security Review Board when the court conditionally releases or discharges a person described in paragraph (a) of this subsection.

(d)

The Psychiatric Security Review Board shall notify the State Board of Parole and Post-Prison Supervision no later than seven days after the Psychiatric Security Review Board conditionally releases or discharges a person who has a prior sex crime conviction that obligates the person to report as a sex offender, unless the person has also been found guilty except for insanity of a sex crime that obligates the person to report as a sex offender.

(4)

Intentionally left blank —Ed.

(a)

Within 90 days after receiving notice of a person’s obligation to report in this state from the Department of State Police, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) if the person has been convicted in another United States court of a crime:

(A)

That would constitute a sex crime if committed in this state; or

(B)

For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state.

(b)

If a person has been convicted of a sex crime and was sentenced to a term of imprisonment in a Department of Corrections institution for that sex crime, but was not subjected to a risk assessment utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) before release under subsection (1) of this section, within 90 days after the person’s release the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology).

(5)

When the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority applies the results of a risk assessment to place a person in one of the levels described in ORS 163A.100 (Risk assessment methodology), the agency shall notify the Department of State Police of the results of the risk assessment within three business days after the agency’s classification. Upon receipt, the Department of State Police shall enter the results of the risk assessment into the Law Enforcement Data System.

(6)

The State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority may reassess or reclassify a person placed in one of the levels described in ORS 163A.100 (Risk assessment methodology) under this section if the classifying board or authority determines that a factual mistake caused an erroneous assessment or classification.

(7)

Intentionally left blank —Ed.

(a)

A person classified under this section as a level two or level three sex offender as described in ORS 163A.100 (Risk assessment methodology) may petition the classifying board or authority for review. Except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.

(b)

When good cause is shown, the time for filing a petition under this subsection may not be extended more than 60 days beyond the date of the person’s next annual report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state).

(c)

Upon receipt of a petition described in this subsection, the classifying board or authority shall afford the person an opportunity to be heard as to all factual questions related to the classification.

(d)

After providing the person with notice and an opportunity to be heard in accordance with this subsection, the board or authority shall classify the person in accordance with the classifications described in ORS 163A.100 (Risk assessment methodology), based on all of the information available to the classifying board or authority.

(e)

As used in this subsection, “good cause” means that, due to a person’s transience, lack of housing, ongoing mental health concerns or other similar circumstances, a notice mailed to the person under paragraph (a) of this subsection was not received by the person.

(8)

Intentionally left blank —Ed.

(a)

If the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority does not classify a person under ORS 163A.100 (Risk assessment methodology) because the person has failed or refused to participate in a sex offender risk assessment as directed by the board or authority, the classifying board or authority shall classify the person as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3).

(b)

If person classified as a level three sex offender under this subsection notifies the classifying board or authority of the willingness to participate in a sex offender risk assessment, the classifying board or authority shall perform the assessment and classify the person in one of the levels described in ORS 163A.100 (Risk assessment methodology).

(9)

The State Board of Parole and Post-Prison Supervision and the Psychiatric Security Review Board may adopt rules to carry out the provisions of this section. [Formerly 181.801; 2017 c.442 §30; 2017 c.488 §2; 2019 c.430 §19]

Source: Section 163A.105 — When risk assessments performed; classification into risk level; review; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html.

163A.005
Definitions for ORS 163A.005 to 163A.235
163A.010
Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction
163A.015
Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction
163A.020
Reporting by sex offender upon moving into state
163A.025
Reporting by sex offender adjudicated in juvenile court
163A.030
Hearing on issue of reporting by sex offender adjudicated in juvenile court
163A.035
Registration forms
163A.040
Failure to report as sex offender
163A.045
Purpose of sex offender reporting obligation
163A.050
Notice of reporting obligation to be given by court
163A.055
Notice required when offender moves to another state
163A.060
Offender profiling
163A.065
Immunity
163A.100
Risk assessment methodology
163A.105
When risk assessments performed
163A.110
Applicability of ORS 163A.105
163A.115
When certain classification required
163A.120
Relief from reporting obligation
163A.125
Relief from reporting obligation for sex offenders classified under ORS 163A.100
163A.130
Relief from reporting obligation for juvenile offenders adjudicated in Oregon
163A.135
Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction
163A.140
Relief from reporting obligation
163A.145
Procedure for relief under ORS 163A.140
163A.150
Procedure for relief under ORS 163A.140
163A.200
Provision of records by Psychiatric Security Review Board and Oregon Health Authority
163A.205
Provision of records by Oregon Health Authority
163A.210
Provision of records by Oregon Youth Authority and juvenile department
163A.215
Release of sex offender information according to classification
163A.220
Internet website
163A.225
Release of information concerning sex offender adjudicated in juvenile court
163A.230
Victim access to sex offender information
163A.235
Agreements to resolve concerns about community notification
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