Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) For purposes of this rule, a predatory sex
offender is defined as a person who exhibits characteristics showing a tendency to
victimize or injure others and has been convicted of one or more of the following
offenses: Rape in any degree, Sodomy in any degree, Unlawful Sexual Penetration in
any degree or Sexual Abuse in any degree, or has been convicted of attempting to
commit one or has been found guilty except for insanity of one of these crimes. In
determining whether an inmate or offender is a predatory sex offender under this
rule, the Board shall use the Static-99R (Exhibit Q-1) and definitions (Exhibit
Q-2), which have been approved by the Department of Corrections as required by ORS
181.585(2). The
Board may also consider any other evidence that the offender exhibits
characteristics showing a tendency to victimize or injure others.
(b) All exhibits referenced in this rule are filed
with the rule and are available at the Secretary of State's office, the Board's
website, or on request from the Board.
(2) Predatory sex offender designations made by
the Board for inmates or offenders released from a Department of Corrections
institution before November 14, 2012, are not included in this rule. Those
designations are governed by the rules in effect when the designation was
made.
(3) Subject to the procedures set
forth in this rule, the Board will make a finding that an offender is a candidate
for predatory sex offender designation, if the offender scores six or more points on
the Static-99R and has been convicted of a qualifying offense or has been found
guilty except for insanity of a qualifying offense.
(4) Offenders who score six or more points on the
Static-99R, and have been identified as a candidate for predatory designation, must
be told. They must be provided with a copy of the Static-99R, the Notice of Rights
(Exhibit PSO-5) and the Notice of Rights to File Written Objections form (Exhibit
Q-3).
(a) The offender should submit any Written
Objections (Exhibit Q-4) to the Static-99R score within three business days after
signing the Notice of Rights (Exhibit Q-3).
(b) Unless the offender waives the right to submit
Written Objections, no sooner than three days after providing the Notice of Rights,
the supervising officer will forward the Static-99R, Notice of Rights and Written
Objections, if submitted, to the Board. The supervising officer must also include a
written report explaining why the offender should be considered for predatory
designation. Other materials that support the offender's Static-99R score shall be
included.
(c) Upon receipt of the
required documents, the Board will review them to verify the accuracy of the score,
obtain supporting documentation if necessary, and determine if there is sufficient
information to conduct an evidentiary hearing for purposes of determining whether
the offender should be designated a predatory sex offender. The Board will prepare a
file memo that verifies the index offense, qualifying conviction, and each point
awarded on the Static-99R. The file memo will address offender's written objections.
If the Board determines there is sufficient information in the documents, it will
forward them to its hearings officer, who will schedule an evidentiary
hearing.
(5)
(a) The supervising officer or the Board's
hearings officer will provide the offender with: the documentation submitted by the
supervising officer; the Static-99R; the memo prepared by the Board; and the Notice
of Rights regarding an evidentiary hearing (Exhibit PSO-5).
(b) Unless the offender waives their right to an
evidentiary hearing, a hearing will be held. Refusal to participate in the notice of
rights process will be considered a waiver.
(c) The sole purpose of the evidentiary hearing
will be to determine whether the offender exhibits characteristics showing a
tendency to victimize or injure others.
(6)
(a) At the
evidentiary hearing, the hearings officer will consider the written report submitted
by the supervising officer, the Static-99R, and any additional evidence supporting
the Static-99R score or otherwise indicating that the offender exhibits
characteristics showing a tendency to victimize or injure others.
(b) The offender may present evidence rebutting
claims made in the supervising officer's written report, challenge the Static-99R
score, or rebut other evidence that the offender exhibits characteristics showing a
tendency to victimize or injure others.
(c) After consideration of all the evidence
presented at the evidentiary hearing, the hearings officer will submit a report to
the Board with a recommendation as to whether the offender is exhibiting
characteristics showing a tendency to victimize or injure
others.
(7)
(a) Upon receipt of the report and recommendation
from the Board's hearings officer, the Board will review the report and
recommendation and determine whether the offender exhibits characteristics showing a
tendency to victimize or injure others and is, therefore, a predatory sex
offender.
(b) A finding that an offender
is a predatory sex offender must be made by at least two Board members.
(c) The Board will issue an order of supervision
containing the predatory designation. Upon receipt of the order, the offender's
supervising officer must present it to the offender and document that the offender
received the order.
(8)
Pursuant to ORS 181.586, the community corrections
agency supervising an offender found to be a predatory sex offender shall notify
anyone whom the agency determines is appropriate that the person is a predatory sex
offender. The agency shall make this determination as required by ORS
181.586.
Attachment referenced is not included in rule text.
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attachment
Stat. Auth.: ORS
144.050,
144.140,
181.585 & 181.586
Stats. Implemented:
