ORS 163A.135
Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction


(1)

Except as provided in subsection (7) of this section, a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (1)(d) may file a petition in the juvenile court for an order relieving the person of the duty to report. If the person resides:

(a)

In this state and is required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2) or (3), the petition must be filed in the juvenile court of the county in which the person resides.

(b)

In another state and is required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (4), the petition must be filed in the juvenile court of the county in which the person attends school or works.

(2)

If the act giving rise to the obligation to report would constitute:

(a)

A Class A or Class B felony sex crime if committed in this state by an adult, the petition may be filed no sooner than two years after the termination of the other United States court’s jurisdiction over the person.

(b)

A Class C felony sex crime if committed in this state by an adult, the petition may be filed no sooner than 30 days before the termination of the other United States court’s jurisdiction over the person.

(3)

The person filing the petition must submit with the petition all releases and waivers necessary to allow the district attorney for the county in which the petition is filed to obtain the following documents from the jurisdiction in which the person was adjudicated for the act for which reporting is required:

(a)

The juvenile court petition;

(b)

The dispositional report to the court;

(c)

The order of adjudication or jurisdiction;

(d)

Any other relevant court documents;

(e)

The police report relating to the act for which reporting is required;

(f)

The order terminating jurisdiction for the act for which reporting is required; and

(g)

The evaluation and treatment records or reports of the person that are related to the act for which reporting is required.

(4)

A person filing a petition under this section has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public.

(5)

Unless the court finds good cause for a continuance, the court shall hold a hearing on the petition no sooner than 90 days and no later than 150 days after the date the petition is filed.

(6)

If a person who files a petition under this section is required to report as a sex offender for having committed an act that if committed in this state could have subjected the person to waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a), the court may not grant the petition notwithstanding the fact that the person has met the burden of proof established in subsection (4) of this section unless the court determines that to do so is in the interest of public safety.

(7)

This section does not apply to a person who is required to register as a sex offender for life in the jurisdiction in which the offense occurred.

(8)

In a hearing under this section, the court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150 (Rule 401. Definition of “relevant evidence.”).

(9)

If the court is satisfied by clear and convincing evidence that the person is rehabilitated and that the person does not pose a threat to the safety of the public, the court shall enter an order relieving the person of the duty to report. When the court enters an order under this subsection, the person shall send a certified copy of the court order to the Department of State Police. [Formerly 181.826; 2016 c.95 §6; 2019 c.634 §10; 2021 c.597 §36]

Source: Section 163A.135 — Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction, 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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