2015 ORS 163A.105¹
When risk assessments performed
  • classification into risk level

(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 60 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 or the Oregon Health Authority 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 60 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 or the Oregon Health Authority 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) Within 60 days after the event triggering the obligation to make an initial report, the State Board of Parole and Post-Prison Supervision shall assess a 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:

(a) 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; or

(b) 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.

(5) When the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board, the Oregon Health Authority 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. [Formerly 181.801]


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.