Relief from reporting requirement generally
- • procedure
(1)(a) No sooner than 10 years after termination of supervision on probation, conditional release, parole or post-prison supervision, a person required to report under ORS 181.595 (Reporting by sex offender who is discharged, paroled or released on supervised release from correctional facility or another state), 181.596 (Reporting by sex offender released or discharged) or 181.597 (Reporting by certain persons upon moving into state) may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the duty to report if:
(A) The person has only one conviction for, or juvenile court finding of jurisdiction based on, a sex crime;
(B) The sex crime was a misdemeanor or Class C felony or, if committed in another state, would have been a misdemeanor or Class C felony if committed in this state; and
(C) The person has not been determined to be a predatory sex offender as described in ORS 181.585 ("Predatory sex offender" defined).
(b) The district attorney of the county shall be named and served as the respondent in the petition.
(2) The court shall hold a hearing on the petition. In determining whether to grant the relief requested, the court shall consider:
(a) The nature of the offense that required reporting;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that required reporting;
(e) The period of time during which the petitioner has not reoffended;
(f) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and
(g) Any other relevant factors.
(3) If the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall enter an order relieving the petitioner of the duty to report. When the court enters an order under this subsection, the petitioner shall send a certified copy of the court order to the Department of State Police. [Formerly 181.600]
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. Currency Information