Chapter 163A — Sex Offender Reporting and Classification

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

(1)(a)

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.

(b)

A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency or supervising agency determines that the release of information is in the public interest.

(c)

In addition to the release of information described in this subsection and ORS 137.540, 144.260 and 441.373, a notifying agency or a supervising agency may release sex offender information to the public in accordance with subsections (2) to (4) of this section.

(2)

If the sex offender is classified as a level three sex offender under ORS 163A.100

(3)

(a)

The Department of State Police shall release sex offender information on a website maintained by the department; and

(b)

The supervising agency or a notifying agency may release sex offender information to:

(A)

A person that resides with the sex offender;

(B)

A person with whom the sex offender has a significant relationship;

(C)

Residential neighbors and churches, community parks, schools and child care centers, convenience stores, businesses and other places that children or other potential victims may frequent;

(D)

A long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, if the agency knows that the sex offender is seeking admission to the facility; and

(E)

Local or regional media sources.

(3)

Notwithstanding subsection (2)(a) of this section, the Department of State Police may not use the Internet to make available to the public information concerning a sex offender classified as a level three sex offender under ORS 163A.100 (3) while the person is under the supervision of the Psychiatric Security Review Board, unless the department is authorized to do so by a request of the supervising agency.

(4)

If the sex offender is classified as a level two sex offender under ORS 163A.100

(2)

, the supervising agency or a notifying agency may release sex offender information to the persons or entities described in subsection

(2)(b)(A)

to (D) of this section.

(5)

If the sex offender is classified as a level one sex offender under ORS 163A.100

(1)

, the supervising agency or a notifying agency may release sex offender information to a person described in subsection (2)(b)(A) of this section.

(6)

As used in this section:

(a)

“Notifying agency” means the Department of State Police, a city police department, a county sheriff’s office or a police department established by a university under

ORS 352.121.

(b)

“Sex offender information” means information that the Department of State Police determines by rule is appropriate for release to the public.

(c)

“Supervising agency” means a governmental entity responsible for supervising a person required to report as a sex offender under ORS 163A.010 or 163A.015.

Note: See note under 163A.115.