ORS 181.585¹
"Predatory sex offender" defined
  • determination

(1) For purposes of ORS 181.585 ("Predatory sex offender" defined) to 181.587 (Availability of information on supervised predatory sex offender), a person is a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and has been convicted of a sex crime listed in ORS 181.594 (Definitions for ORS 181.595, 181.596, 181.597 and 181.603) (4)(a) to (d), has been convicted of attempting to commit one of those crimes or has been found guilty except for insanity of one of those crimes.

(2) In determining whether a person is a predatory sex offender, an agency shall use a sex offender risk assessment scale approved by the Department of Corrections or a community corrections agency. [Formerly 181.507; 1997 c.538 §10; 2005 c.567 §16]

Note: 181.585 ("Predatory sex offender" defined) to 181.587 (Availability of information on supervised predatory sex offender) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Person has federal due process right to notice and evidentiary hearing prior to determina­tion re­gard­ing predatory sex offender status. Noble v. Board of Parole, 327 Or 485, 964 P2d 990 (1998)

Retroactive applica­tion of predatory sex offender registra­tion and notifica­tion statutes does not violate Oregon Constitu­tion protec­tion against ex post facto laws (sec­tion 21, Article I), double jeopardy (sec­tion 12, Article I) or cruel and unusual punish­ment (sec­tion 16, Article I). Meadows v. Board of Parole and Post-Prison Supervision, 181 Or App 565, 47 P3d 506 (2002), Sup Ct review denied

Procedure to determine whether per­son is predatory sex offender must provide for considering evidence of offender's current behavior and characteristics in making determina­tion whether offender exhibits characteristics showing tendency to victimize or injure others. V.L.Y. v. Board of Parole and Post-Prison Supervision, 338 Or 44, 106 P3d 145 (2005)

1 Legislative Counsel Committee, CHAPTER 181—State Police; Crime Reporting and Records; Public Safety Standards and Training, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­181.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 181, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­181ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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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