2017 ORS 163A.105¹
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)(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)(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)(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. The petition may be filed no later than 60 days after the person receives notice of the classification.

(b) 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.

(c) 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.

(8)(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]

Note: The amendments to 163A.105 (When risk assessments performed) by section 30, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, including amendments by section 2, chapter 488, Oregon Laws 2017, is set forth for the user’s convenience.

163A.105 (When risk assessments performed). (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)(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 or the Oregon Health Authority;

(B) Discharged from the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority;

(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 or the Oregon Health Authority shall notify the State Board of Parole and Post-Prison Supervision no later than seven days after the Psychiatric Security Review Board or the authority 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)(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)(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. The petition may be filed no later than 60 days after the person receives notice of the classification.

(b) 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.

(c) 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.

(8)(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.

1 Legislative Counsel Committee, CHAPTER 163A—Sex Offender Reporting and Classification, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.