2015 ORS 163A.110¹
Applicability of ORS 163A.105

(1) ORS 163A.105 (When risk assessments performed) applies to persons for whom the event triggering the obligation to make an initial report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(A), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(A) or 163A.020 (Reporting by sex offender upon moving into state) (1)(a)(A), (2)(a)(A) or (3)(a)(A) occurs on or after January 1, 2014.

(2) As used in this section and ORS 163A.105 (When risk assessments performed), "event triggering the obligation to make an initial report" means:

(a) If the initial report is described in ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(A):

(A) Discharge, parole or release on any form of supervised or conditional release from a jail, prison or other correctional facility in this state;

(B) Parole to this state under ORS 144.610 (Out-of-state supervision of parolees) after being convicted in another United States court of a crime that would constitute a sex crime if committed in this state; or

(C) Discharge by the court under ORS 161.329 (Order of discharge).

(b) If the initial report is described in ORS 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(A), discharge, release or placement on probation:

(A) By the court; or

(B) To or in this state under ORS 144.610 (Out-of-state supervision of parolees) after being convicted in another United States court of a crime that would constitute a sex crime if committed in this state.

(c) If the initial report is described in ORS 163A.020 (Reporting by sex offender upon moving into state) (1)(a)(A), moving into this state.

(d) If the initial report is described in ORS 163A.020 (Reporting by sex offender upon moving into state) (2)(a)(A), the first day of school attendance or the 14th day of employment in this state.

(e) If the initial report is described in ORS 163A.020 (Reporting by sex offender upon moving into state) (3)(a)(A):

(A) Discharge, release on parole or release on any form of supervised or conditional release, from a jail, prison or other correctional facility or detention facility; or

(B) Discharge, release or placement on probation, by another United States court. [Formerly 181.802]

Note: Section 7, chapter 708, Oregon Laws 2013, provides:

Sec. 7. Existing registrants. (1) As used in this section and sections 19 to 21 of this 2015 Act [163A.200 (Provision of records by Psychiatric Security Review Board and Oregon Health Authority) to 163A.210 (Provision of records by Oregon Youth Authority and juvenile department)]:

(a) "Event triggering the obligation to make an initial report" has the meaning given that term in ORS 181.802 [renumbered 163A.110 (Applicability of ORS 163A.105)].

(b) "Existing registrant" means a person for whom the event triggering the obligation to make an initial report under ORS 181.806 (3)(a)(A), 181.807 (4)(a)(A) or 181.808 (1)(a)(A), (2)(a)(A) or (3)(a)(A) [renumbered 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(A), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(A) or 163A.020 (Reporting by sex offender upon moving into state) (1)(a)(A), (2)(a)(A) or (3)(a)(A)] occurs before January 1, 2014.

(2)(a) No later than December 1, 2018, the State Board of Parole and Post-Prison Supervision shall classify existing registrants in one of the levels described in ORS 181.800 [renumbered 163A.100 (Risk assessment methodology)]. No later than February 1, 2019, the Department of State Police shall enter the results of the classifications described in this section into the Law Enforcement Data System.

(b) The board shall classify an existing registrant as a level three sex offender under ORS 181.800 (3), if:

(A) The person was previously designated a predatory sex offender and the designation was made after the person was afforded notice and an opportunity to be heard as to all factual questions at a meaningful time and in a meaningful manner; or

(B) The person is a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders).

(c) The Psychiatric Security Review Board may complete the risk assessment of an existing registrant who is under the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority, regardless of whether the person has been found guilty except for insanity of a sex crime or was previously convicted of a sex crime, if the State Board of Parole and Post-Prison Supervision and the Psychiatric Security Review Board mutually agree that the Psychiatric Security Review Board has adequate resources to perform the assessment and that the performance of the assessment by the Psychiatric Security Review Board would assist in classifying the existing registrant in a more timely manner.

(3) As soon as practicable following the classification of an existing registrant under this section, the classifying board shall notify the person of the classification by mail.

(4)(a) An existing registrant who seeks review of a classification made under this section may petition the classifying board for review. The petition may be filed no later than 60 days after the board provides the notice described in subsection (3) of this section.

(b) Upon receipt of a petition described in this subsection, the classifying board 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 shall classify the person in accordance with the classifications described in ORS 181.800, based on all of the information available to the classifying board.

(5) The boards shall adopt rules to carry out the provisions of this section.

(6) An existing registrant may not petition for reclassification or relief from the obligation to report as a sex offender as provided in ORS 181.821 [renumbered 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100)] until either all existing registrants have been classified in one of the levels described in ORS 181.800 or December 1, 2018, whichever occurs first.

(7) Notwithstanding ORS 181.837 [renumbered 163A.225 (Release of information concerning sex offender adjudicated in juvenile court)] or any other provision of law, the Department of State Police may until December 1, 2018, continue to use the Internet to make information available to the public concerning any adult sex offender designated as predatory as authorized by the law in effect on December 31, 2013.

(8) If the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board does not classify an existing registrant under ORS 181.800 because the person has failed or refused to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board, the person is, by operation of law, classified as a level three sex offender under ORS 181.800 (3) as of January 1, 2019. [2013 c.708 §7; 2015 c.820 §27]


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.