Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Classifying agencies shall place each registrant into one of the following levels:
(a) Notification Level 1: A registrant who
presents the lowest risk of reoffending and requires a limited range of
notification;
(b) Notification Level 2:
A registrant who presents a moderate risk of reoffending and requires a moderate
range of notification; or
(c)
Notification Level 3: A registrant who presents the highest risk of reoffending and
requires the widest range of notification.
(2) For classification and community notification
for adult male registrants, classifying agencies shall use the Static-99R actuarial
instrument with the coding manual, Exhibit STATIC-99R, to conduct a sex offender
risk assessment, except as to where it conflicts with OAR 255-085-0020(6).
Classifying agencies may score registrants using information from previous Static-99
or Static-99R assessments. Classifying agencies shall score and place each
registrant into a notification level:
(a)
Notification Level 1: Static-99R score of -3 to 3;
(b) Notification Level 2: Static-99R score of 4 to
5; or
(c) Notification Level 3:
Static-99R score of 6 or higher.
(3) For classification of other registrants,
classifying agencies shall assess registrants using the Level of Services/Case
Management Inventory (LS/CMI) as supplemented by an independent sexual
offense-specific evaluation report. This assessment shall be performed by an
independent evaluator who is a licensed provider or Sex Offender Treatment
Board-certified provider qualified to conduct sexual offense risk assessments. The
independent evaluator will provide the classifying agency with a written report and
will provide information regarding the registrant's risk for sexual re-offense as
low, moderate, or high. Classifying agencies shall place the registrant into a
notification level according to risk, giving due consideration to the evaluator's
assessment.
(4) Level 1 Classification
for Certain Registrants:
(a) Classifying agencies
may classify a registrant into Level 1, without using the methodologies listed in
OAR 255-085-0020 (2), (3) or (6), if the registrant meets all the following
criteria:
(A) The registrant has been required to
register in Oregon as a sex offender for 10 years or longer;
(B) At least 10 years have passed since the
registrant was released from custody for the registrant's conviction requiring sex
offender registration or, if the registrant was never placed in custody for the
conviction requiring sex offender registration, 10 years after the date the
registrant was convicted of the crime requiring sex offender registration;
(C) The registrant does not have a conviction for
a person felony or Class A person misdemeanor as defined by the rules of the Oregon
Criminal Justice Commission, subsequent to the registrant's initial conviction that
required sex offender registration;
(D)
The registrant does not have, other than the conviction that required sex offender
registration, any other arrest, charge or conviction for a crime that would require
registration as a sex offender; and
(E)
The registrant does not have repeated (2 or more) criminal convictions for any
offense resulting from separate criminal episodes in the five years preceding the
classification.
(b)
Classifying agencies may classify a female registrant into Level 1, without using
the methodologies listed in OAR 255-085-0020 (2) or (3) or (4)(a), unless
evidence-based risk factors exist to indicate that the female registrant is at a
higher risk to reoffend sexually and a higher level of notification may be
appropriate. Evidence-based risk factors for sexually reoffending for a female
registrant may include:
(A) The registrant has an
arrest, charge, or conviction for a child abuse offense;
(B) The registrant has an arrest, charge, or
conviction for promoting prostitution or compelling prostitution;
(C) The registrant has a conviction for a person
felony or Class A person misdemeanor as defined by the rules of the Oregon Criminal
Justice Commission, subsequent to the registrant's initial conviction that required
sex offender registration;
(D) The
registrant has an arrest, charge, or conviction for a crime that would require
registration as a sex offender in addition to the registrant's conviction that
required sex offender registration; or
(E) The registrant has repeated (2 or more)
criminal convictions for any offense resulting from separate criminal episodes in
the five years preceding the classification.
(c) The methodology described in OAR
255-085-0020(4)(a) or (4)(b) shall not be used for assessments conducted for relief
from registration or reclassification of level hearings described in ORS
163A.125.
Assessments conducted for relief from registration or reclassification of level
hearings shall be conducted using the methodology listed in OAR 255-085-0020 (2),
(3), (5) or (6).
(d) Classifying
agencies have the discretion to use the methodology in OAR 255-085-0020 (2) or (3)
even if a registrant meets the criteria in OAR 255-085-0020(4)(a) or
(4)(b).
(5) For classification
of registrants petitioning under ORS
163A.125(2),
the Board shall use the methodologies under OAR 255-085-0020 (2) or OAR 255-085-0020
(3), except as to where it conflicts with OAR 255-085-0020(6).
(6) Classifying agencies shall place registrants
into Notification Level 3 if an assessment under OAR 255-085-0020(2) as it was at
the time of release from the index sexual offense would place them in the highest
risk category, or Notification Level 2 if an assessment under OAR 255-085-0020(2) as
it was at the time of release from the index sexual offense would place them in the
moderate risk category, without considering as part of the risk assessment the
reduction of risk due to time offense-free in the community.
To view attachments referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
163A.100,
ORS
163A.105,
ORS
163A.110,
ORS
163A.115
& ORS
163A.125
Statutes/Other Implemented: ORS
163A.100,
ORS
163A.105,
ORS
163A.110,
ORS
163A.115,
ORS
163A.125,
Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820,
Oregon Laws (2015), SB 767 (2017), HB 2320 (2015) & HB 2045
(2019)
