Or. Admin. Code § 257-070-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 257-070-0040 - Designation of Persons as Predatory Sex Offenders; Notice and Opportunity to Be Heard Regarding Designation as Predatory Sex Offender

(1) Under ORS 181.585 to 181.589, the Department of State Police is authorized to designate as predatory sex offenders:

(a) Persons who exhibit characteristics showing a tendency to victimize or injure others and who have been convicted of a sex crime listed in ORS 181.594(2)(a) to (d), convicted of attempting to commit one of those crimes, or found guilty except for insanity of one of those crimes, and who are not under the supervision of the Oregon Department of Corrections or a community corrections agency; and

(b) Persons who are required to report under ORS 181.595, 181.596, or 181.597 after having been found to be within the jurisdiction of the juvenile court for having committed acts that if committed by an adult would constitute sex crimes and who the Department of State Police has designated as predatory after consultation with the person's last primary supervising agency, and who are not under the supervision of the juvenile court.

(2) The Department of State Police will designate persons as predatory sex offenders as provided in ORS 181.585 to 181.589 and this rule.

(3) The Department of State Police will designate a person as a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and meets the criteria for designation as a predatory sex offender established in the risk assessment scale approved by the Oregon Department of Corrections.

(4) Prior to designating a person as a predatory sex offender, the Department will notify the person in writing of the proposed designation, the basis for the designation and the method for submitting written objections to the proposed designation. The notice will include a copy of the risk assessment scale approved by the Oregon Department of Corrections as scored for that person. The notice of proposed designation will be sent to the person by registered or certified mail.

(5) A person who has received notice under subsection (4) of this rule may submit written objections to the proposed designation. The person must complete and sign the "Objections to Predatory Sex Offender Designation" form provided for that purpose.

(6) In addition to the person's signed "Objections to Predatory Sex Offender Designation" form, a person who has received notice under subsection (4) of this rule may submit other relevant written materials in support of the person's objection to the designation. For the purpose of this rule, "relevant written materials" means documentary evidence that will assist the Department of State Police in determining as a factual matter whether the person meets one or more of the sex offender risk assessment scale criteria upon which the Department of State Police proposes to rely in designating the person as a predatory sex offender. For the purpose of this rule, relevant written materials includes:

(a) A court order reversing, vacating or setting aside a judgment of conviction for a crime;

(b) A court order reversing, vacating or expunging a finding that the person was within the jurisdiction of the juvenile court for committing an act that if committed by an adult would constitute a crime;

(c) An order of pardon for a crime; or

(d) Police reports, pre-sentence investigation reports, court records and transcripts, or other documentary evidence relating to the circumstances of the person's crime or crimes.

(7) The person's signed "Objections to Predatory Sex Offender Designation" form and other relevant written materials, if any, must be received by the Department of State Police within 35 days of the date of the Department of State Police notice of proposed designation provided under subsection (4) of this rule.

(8) The Department of State Police will consider materials submitted under subsections (5) and (6) of this rule prior to making its final determination of whether the person meets the criteria for designation as a predatory sex offender, if the Department of State Police receives these materials within the time limit set forth in subsection (7) of this rule.

(9) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person meets the criteria for designation as a predatory sex offender, the Department of State Police will designate the person as a predatory sex offender and will inform the person in writing by registered or certified mail of the designation. The designation is effective as of the date of the letter informing the person of the designation.

(10) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person does not meet the criteria for designation as a predatory sex offender, the Department of State Police will inform the person in writing by registered or certified mail, that the Department of State Police is not designating the person as a predatory sex offender at that time.

(11) A person from whom the Department of State Police does not receive any materials under subsections (5) and (6) of this rule within 35 days of the date of the notice of proposed designation provided under subsection (4) of this rule will be deemed not to object to designation as a predatory sex offender, unless the cause for the failure to submit materials was beyond the reasonable control of the person, as determined by the Department of State Police. The designation is effective as of the thirty-sixth day after the date of the notice of proposed designation provided under subsection (4) of this section.

(12) The Department of State Police may designate a person as a predatory sex offender if the person meets the Department of Corrections sex offender risk assessment scale criteria for designation as a predatory sex offender, regardless of whether the Department of State Police or any other agency determined at any previous time that the person was not a predatory sex offender.

(13) Prior to petitioning for judicial review of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the person shall file with the Department of State Police a petition for reconsideration of the designation. The petition for reconsideration must be received by the Department of State Police within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule and must also comply with other requirements of OAR 137-004-0080. The Department of State Police will inform the person in writing of its decision on reconsideration. The Department's decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.

(14) Notwithstanding subsection (13) of this rule, within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the Department of State Police may reconsider the designation on its own initiative as provided in OAR 137-004-0080. Following reconsideration of a designation on the Department's own initiative, the Department will inform the person in writing of its decision on reconsideration. The decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.

(15) In its discretion, the Department of State Police may conduct community notification or notify the public concerning a person designated as a predatory sex offender in any manner authorized by law.

Or. Admin. Code § 257-070-0040

OSP 4-1999(Temp), f. & cert. ef. 10-29-99 thru 4-25-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05

Appendices referenced are available from the agency.

Stat. Auth.: ORS 183.335, 181 & 192.430

Stats. Implemented: ORS 181.585 - 181.608