ORS 181.803¹
When certain classification required
  • persons ineligible for relief from reporting obligation

Notwithstanding any other provision of law:

(1) A person required to report as a sex offender under ORS 181.806 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 181.807 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 181.808 (Reporting by certain persons upon moving into state) is classified as a level three sex offender under ORS 181.800 (Risk assessment tool) (3) unless:

(a) Following a risk assessment conducted under ORS 181.801 (When risk assessments performed), the person is classified as a level two sex offender under ORS 181.800 (Risk assessment tool) (2) or as a level one sex offender under ORS 181.800 (Risk assessment tool) (1); or

(b) After filing a petition under ORS 181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800) (2), the person is reclassified as a level two sex offender under ORS 181.800 (Risk assessment tool) (2) by the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board.

(2) A person who is a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders):

(a) Must be classified as a level three sex offender under ORS 181.800 (Risk assessment tool) (3); and

(b) Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offender under ORS 181.800 (Risk assessment tool) (2), pursuant to a petition filed under ORS 181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800).

(3) A person who has been convicted or found guilty except for insanity of one of the following offenses is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800) (1):

(a) Rape in the first degree;

(b) Sodomy in the first degree;

(c) Unlawful sexual penetration in the first degree;

(d) Kidnapping in the first degree as described in ORS 163.235 (Kidnapping in the first degree) (1)(e) or when the victim is under 18 years of age; or

(e) Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 181.805 (Definitions for 181.800 to 181.845) (5)(a) to (t). [2013 c.708 §4]

Note: Section 35, chapter 708, Oregon Laws 2013, provides:

Sec. 35. (1) Sections 4 to 6 of this 2013 Act [181.803 (When certain classification required), 181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800) and 181.835 (Release of sex offender information according to classification)] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [181.802 (Applicability of ORS 181.801)], occurs on or after January 1, 2014.

(2) Notwithstanding section 7 or 38 of this 2013 Act or any other provision of law, notification to the public for persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act, occurs before January 1, 2014, shall continue to be governed by the law in effect on December 31, 2013. [2013 c.708 §35]

Note: The amendments to section 35, chapter 708, Oregon Laws 2013, by section 36, chapter 708, Oregon Laws 2013, become operative January 1, 2017. See section 37, chapter 708, Oregon Laws 2013. The text that is operative on and after January 1, 2017, is set forth for the users convenience.

Sec. 35. Sections 4 to 6 of this 2013 Act [181.803 (When certain classification required), 181.821 (Relief from reporting obligation for sex offenders classified under ORS 181.800) and 181.835 (Release of sex offender information according to classification)] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [181.802 (Applicability of ORS 181.801)], occurs before, on or after January 1, 2014.

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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