ORS 144.641¹
Definitions

As used in this section and ORS 144.642 (Criteria for determining residence), 144.644 (Criteria for determining residence) and 144.646 (Use of rules and matrix by community corrections agency):

(1) “Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118).

(2) “Dwelling” does not include a residential treatment facility or a halfway house.

(3) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(4) “Locations where children are the primary occupants or users” includes, but is not limited to, public and private elementary and secondary schools and licensed child care centers.

(5) “Sex offender” means:

(a) A sexually violent dangerous offender as defined in ORS 137.765 (Sexually violent dangerous offenders);

(b) A level three sex offender under ORS 163A.100 (Risk assessment methodology) (3); or

(c) An unclassified adult sex offender designated as predatory prior to January 1, 2014.

(6) “Transitional housing” means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration. [2001 c.365 §1; 2005 c.576 §4; 2013 c.708 §11; 2015 c.820 §§16,23; 2017 c.442 §18; 2019 c.430 §4]

Note: The amendments to 144.641 (Definitions) by section 8, chapter 430, Oregon Laws 2019, become operative January 1, 2022. See section 21, chapter 430, Oregon Laws 2019. The text that is operative on and after January 1, 2022, is set forth for the user’s convenience.

144.641 (Definitions). As used in this section and ORS 144.642 (Criteria for determining residence), 144.644 (Criteria for determining residence) and 144.646 (Use of rules and matrix by community corrections agency):

(1) “Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118).

(2) “Dwelling” does not include a residential treatment facility or a halfway house.

(3) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(4) “Locations where children are the primary occupants or users” includes, but is not limited to, public and private elementary and secondary schools and licensed child care centers.

(5) “Sex offender” means:

(a) A sexually violent dangerous offender as defined in ORS 137.765 (Sexually violent dangerous offenders); or

(b) A level three sex offender under ORS 163A.100 (Risk assessment methodology) (3).

(6) “Transitional housing” means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration.

Note: 144.641 (Definitions) to 144.646 (Use of rules and matrix by community corrections agency) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 144

Notes of Decisions

Under rules of State Board of Parole, board could not in determining history/risk score, consider juvenile adjudica­tions that had been expunged pursuant to [former] ORS 419.800 to 419.839, even if prisoner admits to board that they occurred. West v. Board of Parole, 86 Or App 616, 739 P2d 1096 (1987)

Law Review Cita­tions

53 OLR 32, 67-79 (1973)

1 Legislative Counsel Committee, CHAPTER 144—Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors144.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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