Current through Register Vol. 63, No. 3, March 1, 2024
(1) These procedures apply to registrants for
whom the Static-99R is not an appropriate assessment methodology as outlined in
OAR 859-400-0010.
(2) With the
cooperation of the Oregon State Hospital and community mental health agencies,
the PSRB will identify young male registrants, female registrants, and Category
B registrants found guilty except for insanity. This may include discharged
PSRB clients.
(3) The Board will
notify young male registrants, female registrants, and Category B registrants
of the registrant's obligation to participate in the assessment and evaluation
processes, the registrant's option to request a review of the assessment and
evaluation, and the Board's final review of the review and evaluation
report.
(4) Subject to the risk
assessment methodology set forth in these administrative rules, the Board will
classify young male registrants, female registrants, and Category B registrants
based on the LS/CMI and findings from an independent sexual offense-specific
evaluation performed by a qualified licensed provider to conduct sexual offense
risk assessments. The independent evaluator will provide the Board with a
written report stating the recommended sex offender classification and
notification level, and will provide information regarding the registrant's
risk for sexual re-offense. The evaluator should weigh the LS/CMI score when
recommending a sex offender classification and notification level based on the
sexual offense-specific evaluation.
(5) The Board will provide the registrant
with a copy of the completed LS/CMI assessment, the independent sexual
offense-specific evaluation report, the Notice of Rights form and the Written
Objections form.
(6) Following
notification in subsection (5), the following timelines apply for a registrant
to waive objections:
(a) If the registrant's
obligation to register occurred on or after January 1, 2014 and the registrant
waives the right to submit written objections to the LS/CMI score and
evaluation report, the registrant will forward the Notice of Rights form
indicating the registrant's waiver to the Board within 20 (twenty) calendar
business days after the mailing date on the Notice of Rights.
(b) If the registrant's obligation to
register occurred before January 1, 2014 and the registrant waives the right to
submit Written Objections to the LS/CMI score and evaluation report, the
registrant will forward the Notice of Rights form indicating the registrant's
waiver to the Board 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 after the final classification.
(7) Following the
notification in subsection (5), the following timelines apply for a registrant
to submit written objections:
(a) If the
registrant's obligation to register occurred on or after January 1, 2014, the
registrant must submit the LS/CMI, evaluation report, Notice of Rights and any
written objections to the assessment and evaluation findings to the Board
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 any written objections to the assessment and evaluation findings 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 Board will
proceed to final classification.
(d) Upon the PSRB's receipt of the written
objections, a Review Officer will complete a review of the LS/CMI score,
evaluation, and supporting documents. The review will verify the information,
and the Review Officer will prepare a memo responding to the written
objections, detail the finding of the evaluator, and make a determination as to
whether the registrant's LS/CMI score is accurate or should be changed.
(e) If the score places the
registrant in Level I or Level II, the Review Officer will provide this memo to
the PSRB along with any information considered.
(f) If the score places the registrant in
Level III, the Review Officer will schedule a hearing with the registrant. The
following procedures shall apply:
(A) The
Review Officer will provide the registrant with the documentation submitted for
review 14 days before the hearing.
(B) At the hearing, the registrant may
present additional evidence or information regarding the LS/CMI score and
evaluator's report.
(C) The Review
Officer will write a supplement to the memo and will provide the supplement to
the Board.
(D) A registrant's
refusal to participate in the hearing shall be considered a waiver.
(E) The PSRB will review the Review Officer's
memo. The Board will order the classification level based on the LS/CMI score,
evaluator's report, and any additional findings and memorandum made by Review
Officer, and will notify the Department of State Police of the registrant's
final classification within three business days of the date the Board makes its
final classification.
(8)
(a) A
registrant who refuses to participate in the notice of rights process shall be
considered to have waived objections to the LS/CMI score and evaluation report.
Refusal to participate includes failure to submit a waiver or written
objection.
(b) If, following
notification in subsection (3), 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.
(9) 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)