2015 ORS 163A.030¹
Hearing on issue of reporting by sex offender adjudicated in juvenile court

This section is amended
Effective April 4, 2016
Relating to juveniles; creating new provisions; amending ORS 163A.010, 163A.025, 163A.030, 163A.040, 163A.130, 163A.135 and 419A.255; and declaring an emergency.

(1)(a) The juvenile court shall hold a hearing on the issue of reporting as a sex offender by a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction), or found by the juvenile court to be responsible except for insanity under ORS 419C.411 (Disposition order), for having committed an act that if committed by an adult would constitute a felony sex crime.

(b) The hearing described in paragraph (a) of this subsection must be held during the six-month period before:

(A) The termination of juvenile court jurisdiction over the person; or

(B) The person is discharged from the jurisdiction of the Psychiatric Security Review Board, if the person was placed under the jurisdiction of the board.

(c) The court shall notify the person of the person’s right to a hearing under this section upon finding the person within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction).

(d) The county or state agency responsible for supervising the person shall notify the person when the agency determines that termination of jurisdiction will occur within six months.

(e) A petition requesting a hearing may be filed under this section by the person within six months of the termination date if the date has been set by the court, or within six months of the projected termination date provided to the person by the supervising agency.

(2) The district attorney shall notify the victim prior to the hearing of the right to appear and the right to be heard under ORS 419C.273 (Right of victim to be present at proceedings).

(3) At the hearing described in subsection (1) of this section:

(a) The district attorney, the victim, the person and the juvenile court counselor or a representative of the Oregon Youth Authority shall have an opportunity to be heard.

(b) The person who is the subject of the hearing 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. If the court finds that the person has not met the burden of proof, the court shall enter an order requiring the person to report as a sex offender under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court).

(4) In determining whether the person has met the burden of proof, the juvenile court may consider but need not be limited to considering:

(a) The extent and impact of any physical or emotional injury to the victim;

(b) The nature of the act that subjected the person to the duty of reporting as a sex offender;

(c) Whether the person used or threatened to use force in committing the act;

(d) Whether the act was premeditated;

(e) Whether the person took advantage of a position of authority or trust in committing the act;

(f) The age of any victim at the time of the act, the age difference between any victim and the person and the number of victims;

(g) The vulnerability of the victim;

(h) Other acts committed by the person that would be crimes if committed by an adult and criminal activities engaged in by the person before and after the adjudication;

(i) Statements, documents and recommendations by or on behalf of the victim or the parents of the victim;

(j) The person’s willingness to accept personal responsibility for the act and personal accountability for the consequences of the act;

(k) The person’s ability and efforts to pay the victim’s expenses for counseling and other trauma-related expenses or other efforts to mitigate the effects of the act;

(L) Whether the person has participated in and satisfactorily completed a sex offender treatment program or any other intervention, and if so the juvenile court may also consider:

(A) The availability, duration and extent of the treatment activities;

(B) Reports and recommendations from the providers of the treatment;

(C) The person’s compliance with court, board or supervision requirements regarding treatment; and

(D) The quality and thoroughness of the treatment program;

(m) The person’s academic and employment history;

(n) The person’s use of drugs or alcohol before and after the adjudication;

(o) The person’s history of public or private indecency;

(p) The person’s compliance with and success in completing the terms of supervision;

(q) The results of psychological examinations of the person;

(r) The protection afforded the public by the continued existence of the records; and

(s) Any other relevant factors.

(5) In a hearing under this section, the juvenile 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 evidence related 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").

(6)(a) In a hearing under this section, the juvenile court shall review:

(A) Evaluations and treatment records concerning the person conducted by a clinician or program operating under the standards of practice for the evaluation and treatment of juvenile sex offenders adopted by the Sex Offender Treatment Board under ORS 675.400 (Duties of board), and recommendations contained therein regarding the need for the person to register in order to protect the public from future sex crimes; and

(B) All examination preparation material and examination records from polygraph examinations conducted by or for the treatment provider, juvenile department or Oregon Youth Authority.

(b) Any records and materials to be reviewed by the court under this subsection shall be released and disclosed to the court, district attorney, person’s attorney and to the Oregon Youth Authority or juvenile department that is responsible for the supervision of the person, no less than 15 days prior to any hearing held under this section.

(7) When the juvenile court enters an order described in subsection (3)(b) of this section, the court shall ensure that the person completes a form that documents the person’s obligation to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court). No later than three business days after the person completes the form required by this subsection, the court shall ensure that the form is sent to the Department of State Police.

(8)(a) A person who is the subject of a hearing under this section has the right to be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense.

(b) In order to comply with the right to counsel under paragraph (a) of this subsection, the court may:

(A) Continue the appointment of the attorney appointed under ORS 419C.200 (Court-appointed counsel for youth) at the time of disposition;

(B) Set a date prior to the hearing under this section in order to reappoint the attorney appointed under ORS 419C.200 (Court-appointed counsel for youth); or

(C) Appoint or reappoint an attorney at any time in response to a request by the person who is the subject of a hearing under this section.

(9) Notwithstanding ORS 419C.005 (Jurisdiction) (4)(e), the juvenile court retains jurisdiction over a person for purposes of this section. [2015 c.820 §31]

1 Legislative Counsel Committee, CHAPTER 163A—Sex Offender Reporting and Classification, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163A.­html (2015) (last ac­cessed Jul. 16, 2016).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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.