Current through Register Vol. 63, No. 3, March 1, 2024
(1) The procedures
contained in this administrative rule apply to all male offenders who are
required to register as sex offenders and who were at least 18 years of age
when they committed the offense that created the obligation to
register.
(2) The assessing agency
will provide the registrant the Static-99R score, the completed Static-99R
assessment, a Notice of Rights form and a Written Objections form.
(3) Following the notification in subsection
(2), the following applies if the registrant waives objections to the
Static-99R score:
(a) If the registrant's
obligation to register occurred on or after January 1, 2014, the registrant
will forward the Notice of Rights form indicating the registrant's waiver to
the PSRB within 20 (twenty) calendar days after the mailing date on the Notice
of Rights.
(b) If the registrant's
obligation to register occurred before January 1, 2014, the registrant will
forward the Notice of Rights form indicating the registrant's waiver to the
PSRB within 60 (sixty) calendar days after the mailing date on the Notice of
Rights.
(c) The PSRB will review
the submission by the registrant and determine a final classification.
(d) The PSRB will notify the
Department of State Police of the results of the risk assessment and final
classification within three business days of the date of the final
classification.
(4)
Following the notification in subsection (2), the following applies if a
registrant submits written objections to the Static-99R score:
(a) If the registrant's obligation to
register occurred on or after January 1, 2014, the registrant must submit his
Static-99R assessment, the Notice of Rights form and any Written Objections to
the Static-99R score within 20 (twenty) calendar days after the mailing date on
the Notice of Rights.
(b) If the
registrant's obligation to register occurred before January 1, 2014, the
registrant must submit his Static-99R assessment, the Notice of Rights form and
any Written Objections to the Static-99R score to the PSRB within 60 (sixty)
calendar days after the mailing date on the Notice of Rights.
(c) Objections that are not submitted within
these timelines will not be reviewed and the PSRB will proceed to final
classification.
(d) Verbal
objections will not be considered by the PSRB or Review Officer.
(e) Upon receipt of any timely submitted
written objections, a Review Officer will conduct a review of the Static-99R
score and supporting documents. The Review Officer will verify the accuracy of
each point awarded on the Static-99R and prepare a memo that responds to the
registrant's written objections. The Review Officer's review will detail the
finding of the Static-99R and make a determination as to whether the
registrant's Static-99R score is accurate or should be changed. Upon completing
the review, the Review Officer will submit to the PSRB, a memo detailing the
review, as well as any information considered by the Review Officer.
(f) The PSRB will review the Review Officer's
memo and will order the final classification level based on the Static-99R
score and notify the Department of State Police of the results of the risk
assessment within 3 (three) business days of the date of the final
classification.
(5)
(a) A registrant who refuses to participate
in the notice of rights process shall be considered to have waived objections
to the Static-99R score. Refusal to participate includes failure to submit a
waiver or written objection.
(b)
If, following the notification in subsection (2), the registrant's response
time has lapsed, the PSRB will notify the Department of State Police of the
results of the risk assessment and final classification within three business
days of the date of the final classification.
(6) The PSRB's classification decision shall
be final. The PSRB's classification decision is not subject to review under ORS
161.327(7).
Stat. Auth: ORS
161.387(1),
181.801-181.812, 2015 OL, Ch. 820 (HB
2320), 2013 OL, Ch. 708 (HB 2549)
Stat. Implemented: ORS
181.801-181.812, 2015 OL, Ch. 820 (HB
2320), 2013 OL, Ch. 708 (HB 2549)