ORS 181.802¹
Applicability of ORS 181.801

(1) ORS 181.801 (When risk assessments performed) applies to persons for whom the event triggering the obligation to make an initial report under ORS 181.806 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(A), 181.807 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(A) or 181.808 (Reporting by certain persons 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 181.801 (When risk assessments performed), event triggering the obligation to make an initial report means:

(a) If the initial report is described in ORS 181.806 (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 181.807 (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 ORS 181.808 (Reporting by certain persons upon moving into state) (1)(a)(A), moving into this state.

(d) If the initial report is described in ORS 181.808 (Reporting by certain persons 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 181.808 (Reporting by certain persons 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. [2013 c.708 §3]

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

Sec. 7. Current registrants. (1) As used in this section:

(a) Event triggering the obligation to make an initial report has the meaning given that term in section 3 of this 2013 Act [181.802 (Applicability of ORS 181.801)].

(b) Existing registrant means a person for whom the event triggering the obligation to make an initial report under ORS 181.595 (3)(a)(A), 181.596 (4)(a)(A) or 181.597 (1)(a)(A), (2)(a)(A) or (3)(a)(A) [renumbered 181.806 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(A), 181.807 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(A) or 181.808 (Reporting by certain persons 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, 2016, the State Board of Parole and Post-Prison Supervision shall classify existing registrants in one of the levels described in section 1 of this 2013 Act [181.800 (Risk assessment tool)]. No later than February 1, 2017, 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 section 1 (3) of this 2013 Act [181.800 (Risk assessment tool) (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).

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

(4) If, for any reason, the board does not classify an existing registrant under subsection (2) of this section, the person is, by operation of law, classified as a level three sex offender under section 1 (3) of this 2013 Act on January 1, 2017.

(5)(a) An existing registrant who seeks review of a classification made under this section may petition the board for review. The petition may be filed no later than:

(A) Sixty days after the board provides the notice described in subsection (3) of this section; or

(B) Sixty days after the person receives actual notice of the classification, if the person is classified under subsection (4) of this section.

(b) Upon receipt of a petition described in this subsection, the 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 section 1 of this 2013 Act, based on all of the information available to the board.

(6) The board shall adopt rules to carry out the provisions of this section.

(7) An existing registrant may not petition for reclassification or relief from the obligation to report as a sex offender as provided in section 5 of this 2013 Act [181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800)] until either all existing registrants have been classified in one of the levels described in section 1 of this 2013 Act or December 1, 2016, whichever occurs first. [2013 c.708 §7]

1 Legislative Counsel Committee, CHAPTER 181—State Police; Crime Reporting and Records; Public Safety Standards and Training; Sex Offender Reporting; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­2013ors181.­html (2013) (last ac­cessed Apr. 27, 2014).
 
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.
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