Oregon Revised Statutes

Chapter 163A — Sex Offender Reporting and Classification

32 sections

163A.005 Definitions for ORS 163A.005 to 163A.235

As used in ORS 163A.005 to 163A.235: “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of: A state other than Oregon; The District of Columbia; The Commonwealth of Puerto Rico; Guam; American Samoa; The Commonwealth of the Northern Mariana Islands; or The United S…

163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction

The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section. Subsection (3) of this section applies to a person who: Is discharged, paroled or released on any form of supervised or conditional release from a jail,…

163A.015 Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction

The agency to which a person reports under subsection (4) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (4) of this section. Subsection (4) of this section applies to a person who is discharged, released or placed on probation: By the court after being convicted in this state …

163A.020 Reporting by sex offender upon moving into state; reporting by certain nonresidents and certain residents

When a person described in subsection (6) of this section moves into this state and is not otherwise required by ORS 163A.010, 163A.015 or 163A.025 to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence: No later than 10 days after movin…

163A.025 Reporting by sex offender adjudicated in juvenile court

A person found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act that, if committed by an adult, would constitute a felony sex crime shall report as a sex offender as described in subsections (2) to (4) of this section, u…

163A.030 Hearing on issue of reporting by sex offender adjudicated in juvenile court; right to counsel

Except as provided in subsection (6) of this section, the juvenile court shall hold a hearing on the issue of reporting as a sex offender by a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act th…

163A.035 Registration forms; Department of State Police to provide; distribution of information; rules; fee

Agencies registering offenders under ORS 163A.010, 163A.015, 163A.020 and 163A.025 shall use forms and procedures adopted by the Department of State Police by administrative rule. The department shall include places on the form to list all the names used by the offender and the address of the offender. No later than three working days after registration, the…

163A.040 Failure to report as sex offender; defense

A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010, 163A.015, 163A.020 or 163A.025 and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person: Fails to make the initial report to an agency; Fails to report when the person works at, …

163A.045 Purpose of sex offender reporting obligation; rules

The purpose of ORS 163A.005 to 163A.235 is to assist law enforcement agencies in preventing future sex offenses. The Department of State Police may adopt rules to carry out the responsibilities of the department under ORS 163A.005 to 163A.235.

163A.050 Notice of reporting obligation to be given by court; procedure at intake

When the court imposes sentence upon a person convicted of a sex crime or finds a person guilty except for insanity of a sex crime, the court shall notify the person of the obligation to report as a sex offender under ORS 163A.010 and 163A.015. At the initial intake for incarceration or release on any type of supervised release, the sex offender shall compl…

163A.055 Notice required when offender moves to another state

When the Department of State Police learns that a person required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is moving to another state, the department shall notify the appropriate criminal justice agency of that state of that fact. The department is not responsible for registering and tracking a person once the person has moved from this s…

163A.060 Offender profiling

For those sex offenders classified as a level three sex offender under ORS 163A.100 (3), or designated as a predatory sex offender prior to January 1, 2014, the supervising agency or the agency making the classification or designation shall provide the Department of State Police, by electronic or other means, at the termination of supervision, with the follo…

163A.065 Immunity

A public agency and its employees are immune from liability, both civil and criminal, for the good faith performance of the agency’s or employee’s duties under ORS 163A.005 to 163A.235. CLASSIFICATION

163A.100 Risk assessment methodology; rules

The State Board of Parole and Post-Prison Supervision shall, in consultation with community corrections agencies, adopt by rule a sex offender risk assessment methodology for use in classifying sex offenders. The methodology may consider exclusively the risk the sex offender presented at the time the sex offender was released from custody, sentenced or other…

163A.105 When risk assessments performed; classification into risk level; review; rules

When a person convicted of a crime described in ORS 163.355 to 163.427 is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100. The board shall apply the results of the ass…

163A.110 Applicability of ORS 163A.105

ORS 163A.105 applies to persons for whom the event triggering the obligation to make an initial report under ORS 163A.010 (3)(a)(A), 163A.015 (4)(a)(A) or 163A.020 (1)(a)(A), (2)(a)(A) or (3)(a)(A) occurs on or after January 1, 2014. As used in this section, “event triggering the obligation to make an initial report” means: If the initial report is describ…

163A.115 When certain classification required; persons ineligible for relief from reporting obligation

Notwithstanding any other provision of law: A person who is a sexually violent dangerous offender under ORS 137.765: Must be classified as a level three sex offender under ORS 163A.100 (3); and Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offender under ORS 163A.100 (2), pursuant to a pe…

163A.120 [Formerly 181.820; repealed by 2013 c.708 §34, 2015 c.820 §28 and 2017 c.488 §3]

RECLASSIFICATION AND RELIEF FROM REPORTING

163A.125 Relief from reporting obligation for sex offenders classified under ORS 163A.100; reclassification; procedure

A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 due to a conviction for a sex crime and is classified as a level one sex offender under ORS 163A.100 (1) may petition the State Board of Parole and Post-Prison Supervision to relieve the person from the obligation to report as a sex offender under ORS 163A.010, 163A…

163A.130 Relief from reporting obligation for juvenile offenders adjudicated in Oregon

A person required to report as a sex offender under ORS 163A.025 (1)(a), (b) or (c), or required to report as a sex offender under the laws of another state as a result of an adjudication in an Oregon juvenile court, may file a petition for an order relieving the person of the obligation to report. If the person resides: In this state and is required to rep…

163A.135 Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction

Except as provided in subsection (7) of this section, a person required to report under ORS 163A.025 (1)(d) may file a petition in the juvenile court for an order relieving the person of the duty to report. If the person resides: In this state and is required to report under ORS 163A.025 (2) or (3), the petition must be filed in the juvenile court of the co…

163A.140 Relief from reporting obligation; circumstances; order

A person otherwise required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is not required to report, and if currently reporting is no longer required to report, if: The person has been convicted of: Rape in the third degree as defined in ORS 163.355; Sodomy in the third degree as defined in ORS 163.385; Sexual abuse in the third degree as …

163A.145 Procedure for relief under ORS 163A.140; upon conviction or adjudication

When a person is convicted of an offense or adjudicated for an act described in ORS 163A.140 (1), the court shall determine whether the person is required to report under ORS 163A.010 or 163A.015. The court shall enter an order relieving the person of the requirement to report, unless: The court finds by a preponderance of the evidence that the person does…

163A.150 Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim

A person who meets the criteria described in ORS 163A.140 and seeks relief from the requirement to report under ORS 163A.010, 163A.015 or 163A.020 shall: If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a petition for relief from the requirement to report with the…

163A.200 Provision of records by Psychiatric Security Review Board and Oregon Health Authority

Notwithstanding ORS 179.505, the Psychiatric Security Review Board and the Oregon Health Authority shall provide to the State Board of Parole and Post-Prison Supervision any records that would assist the State Board of Parole and Post-Prison Supervision in: Performing an initial classification of a person into one of the three levels described in ORS 163A.1…

163A.205 Provision of records by Oregon Health Authority

Notwithstanding ORS 179.505, the Oregon Health Authority shall provide to the Psychiatric Security Review Board any records that would assist the board in: Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105; Deciding whether to reclassify a person as a level one or a level tw…

163A.210 Provision of records by Oregon Youth Authority and juvenile department

Notwithstanding ORS 419A.257 or any other provision of law, the Oregon Youth Authority and the juvenile department may disclose and provide copies of reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis to the Psychiatric Security Review Board or the State Board of Parole and Post-Prison Supervision in ord…

163A.215 Release of sex offender information according to classification

A notifying agency or a supervising agency shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender. A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency o…

163A.220 Internet website

The Department of State Police shall consider: Contracting with a private vendor to build and maintain the website required by ORS 163A.215 (2)(a). Adding links on the website required by ORS 163A.215 (2)(a) that connect to other sex offender websites run by Oregon counties and by the federal government.

163A.225 Release of information concerning sex offender adjudicated in juvenile court

Except as otherwise provided in this section, when a sex offender is under the supervision of the Oregon Youth Authority or a county juvenile department for the first time as a result of committing an act that if committed by an adult would constitute a sex crime, the Department of State Police, city police department or county sheriff’s office shall release…

163A.230 Victim access to sex offender information; toll-free telephone number

When information about a person is first entered into the Law Enforcement Data System under ORS 163A.035, the person will be assigned a registry identification number. A victim shall be issued a victim identification number and shall be given the registry identification number of the person who committed the crime against the victim: At any time, upon requ…

163A.235 Agreements to resolve concerns about community notification

Upon the request of the Department of State Police, a city police department, a county sheriff’s office or a supervising agency, a supervising agency or an agency having responsibility for community notification shall enter into agreements to resolve concerns regarding community notification. As used in this section: “Community notification” means the discl…