Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION
Section 859-400-0080 - Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition

Universal Citation: OR Admin Rules 859-400-0080

Current through Register Vol. 63, No. 3, March 1, 2024

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) The Attorney General's Office;

(c) If the petitioner was convicted or found Guilty Except for Insanity, and:
(i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner's sex crime was adjudicated; or

(ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides.

(d) The victim of the petitioner's sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification;

(e) The sheriff of the county in which petitioner resides;

(f) The chief of police where petitioner resides, if applicable; and

(g) Any other person requesting notification.

(2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal.

(4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125

Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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