Current through Register Vol. 63, No. 3, March 1, 2024
(1) An individual
classified as a sex offender under ORS
163A.010,
163A.015,
or
163A.020
and eligible to petition the Psychiatric Security Review Board may file a
petition for relief or reclassification as follows:
(a) for relief, under ORS
163A.125(1)(b),
from the obligation to report or;
(b) for reclassification under ORS 163A(2)(b)
or (2)(d)
(2) A petition
for relief shall be made on forms developed by the PSRB, which shall be
available on the PSRB's public website, e-mail, or through U.S. Mail. The
petition for relief shall be submitted in its entirety before a hearing will be
scheduled. In addition to the forms provided, the petitioner shall submit
supporting documentation as follows:
(a) A
certified copy of all court records related to the circumstances giving rise to
the obligation to report as a sex offender. If the county courthouse is unable
to locate petitioner's records, petitioner must obtain a letter from the
courthouse records department stating that it is unable to locate the court
records related to petitioner's sex offender reporting obligation;
(b) A certified copy of petitioner's national
criminal history, including juvenile adjudications, if present;
(c) Certified copies of statements and/or
reports sufficient to address:
(i) The nature
of and degree of violence involved in the offense or offenses that require
reporting;
(ii) The age and number
of victims of the offense or offenses requiring reporting;
(iii) The age of the petitioner at the time
of the offense or offenses that require reporting;
(iv) The length of time since the offense or
offenses that require reporting;
(v) The length of time following the offense
or offenses requiring reporting during which the petitioner has not
reoffended.
(vi) The person's
performance on supervision for the offense or offenses that require
reporting;
(vii) Whether the person
has participated in or successfully completed a court-approved sex offender
treatment program or any other rehabilitative programs;
(viii) The petitioner's stability in
employment and housing;
(ix) The
petitioner's community and personal support system;
(x) Other criminal and relevant noncriminal
behavior of the petitioner both before and after the offense or offenses
requiring reporting; and
(xi) Any
other factors relevant in determining petitioner's anticipated likelihood of
reoffending and effect on public safety.
(3) In addition to the required forms and
documents in subsection (2), the petitioner may submit additional information
in support of the petition for relief including, but not limited to:
(a) A certified copy of all mental health
records detailing the petitioner's psychiatric history.
(b) A certified copy of medical records from
all of the petitioner's current and former mental health treatment providers,
including sex offender treatment providers if the petitioner is receiving or
has received such treatment. The records may also include a letter from
petitioner's current treating mental health practitioner, if any. The letter
may contain the petitioner's current medical health diagnosis, a list of
psychiatric medicines and dosage, if any, the petitioner is currently
prescribed, history of compliance with the medication, and any other
information the practitioner deems relevant to petitioner's risk for committing
another sex offense.
(c) If
petitioner is currently on probation/parole for a criminal offense, a letter
from the petitioner's probation/parole officer providing a history of
petitioner's arrests and/or convictions for sex offenses, person felonies, or
person Class A misdemeanors.
(4) In addition to submitting a petition and
required documents to the PSRB, petitioner shall serve a copy of the petition
and required documents on the Oregon Department of Justice and the district
attorney in the county that adjudicated the sex offense most recently giving
rise to the petitioner's obligation to report as a sex offender.
(5) The petitioner shall ensure that all
required information accompanies the petition for relief at the time it is
submitted to the PSRB and served on the Department of Justice and the district
attorney in the county that adjudicated the sex offense most recently giving
rise to the petitioner's obligation to report as a sex offender.
(6) Providing false information, or failure
to provide truthful information, in the petition and application materials,
shall result in denial of the petition.
Statutory/Other Authority: ORS
161.387(1)
& ORS
163A.125
Statutes/Other Implemented: ORS
161.387(1)
& ORS
163A.125