Oregon Administrative Code

859-300-0210 Mandatory Personal Appearance Personal appearance by petitioner is required at all stages of a relief hearing. An appearance by an attorney or personal representative on behalf of a petitioner shall not constitute personal appearance. The petitioner may appear byremo…

859-300-0220 Decisions of the Panel; Final Orders; Appeals Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default to the petit…

859-300-0230 Submission of Final Order of Relief to Oregon State Police No later than ten days after the date the Board issues a written final order granting relief from the firearms prohibition, the PSRB shall notify the Department of State Police to either transmit the record o…

859-400-0001 Background/Purpose of Rules/Applicability (1) 2013 Oregon Laws, Chapter 708 (HB 2549) as amended by 2015 Oregon Laws, Chapter 820 (HB 2320) creates a new state-wide system that classifies most registered sex offenders in the State of Oregon. After completion of a ris…

859-400-0005 Definitions (1) “Adult male registrant” means a male who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, and was at least 18 years of age wh…

859-400-0010 Sex Offender Risk Assessment Methodology (1) Except for the provisions in subsections (3) and (4) of this rule, the PSRB will classify adult male registrants under its jurisdiction or previously under its jurisdiction by the Static-99R. The PSRB will score and place …

859-400-0015 Classifying Agency/Sharing of Records (1) The PSRB will complete the risk assessment for PSRB GEI registrants who are required to register for the first time after August 12, 2015. For registrants who registered on or before this date, the PSRB may complete the asses…

859-400-0020 Timelines for Classifying Registrants (1) When a person found GEI of a crime described in ORS 163.355 to 163.427 is committed to a hospital designated by the Oregon Health Authority and placed under PSRB jurisdiction, the PSRB will conduct the risk assessment of the …

859-400-0025 Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment (1) If the PSRB cannot complete the risk assessment using its written exhibit file, it may request in writing that the registrant provide additional information …

859-400-0030 Procedures for Classifying and Notifying Adult Male Registrants (1) The procedures contained in this administrative rule apply to all male offenders who are required to register as sex offenders and who were at least 18 years of age when they committed the offense th…

859-400-0035 Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants (1) These procedures apply to registrants for whom the Static-99R is not an appropriate assessment methodology as outlined in OAR 859-400-0010. (2) With th…

859-400-0040 Releasing Information to the Public and Law Enforcement (1) The PSRB will review all requests for information concerning a specific sex offender or sex offenders who reside in a specific area on a case by case basis to determine what, if any, information is in the pu…

859-400-0045 Requests for Reclassification/Relief (1) Beginning on December 1, 2018, registrants who meet certain criteria may petition the PSRB to reclassify them to a lower classification level and/or request relief from the obligation to report as a sex offender as provided in…

859-400-0050 Petition for Relief (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.1…

859-400-0060 Time Frame An individual may file a petition for relief with the Board according to time frames outlined in ORS 163A.125. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt fi…

859-400-0070 Timing of Relief Hearing (1) Within forty-five (45) days following receipt of a completed Petition for Relief and all required supporting documents, Board staff will schedule a relief hearing. The Sex Offender Relief Panel shall conduct the relief hearing on the peti…

859-400-0080 Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition (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 pe…

859-400-0090 Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score (1) The issue at any sex offender relief hearing shall be whether the petitioner has demonstrated by clear and convincing evidence that he or she is statistically unlikely to reoffend, and…

859-400-0100 Quorum and Decisions of Sex Offender Relief Panel (1) The presence of at least three Adult Panel members of the PSRB constitutes a quorum. Any three members of the Board's Adult Panel may make up the Sex Offender Relief Panel. Three concurring votes (affirmative or n…

859-400-0110 Public Meetings Law (1) All sex offender relief hearings shall be open to the public in accordance with the Public Meetings Law. (2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PS…

859-400-0120 Records (1) A record shall be kept of all sex offender relief hearings. The hearing officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for proper consideration of all issues before the presiding office…

859-400-0130 Confidentiality The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any records that are ma…

859-400-0140 Evidence Considered; Admissibility The Panel shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, i…

859-400-0150 Motion Practice Any party bringing a motion before the Panel shall submit five copies of the motion and memorandum of law to the Panel at least 10 days prior to the date of the hearing in which the motion will be heard. Statutory/Other Authority: ORS 161.387(1) & ORS…

859-400-0160 Independent Examination of Petitioner (1) The PSRB may require that the petitioner undergo an independent psychosexual assessment in addition to any submitted by petitioner. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of the p…

859-400-0170 Objections to Evidence The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, not relevant, or not reliable. (1) In determining whether the evidence is material, …

859-400-0180 Witnesses and Documents; Subpoena (1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion. (2) A party may request the Board issue a subpoena upon a proper showing of the general relevance and reasonable scope of the documentary,…

859-400-0190 Testimony Given on Oath The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing. Statutory/Other Authority: ORS 161.387(1) Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.12…

859-400-0200 Standard and Burden of Proof (1) The standard of proof at the relief hearing shall be whether petitioner has demonstrated by clear and convincing evidence that the petitioner: (a) is statistically unlikely to reoffend; and (b) does not pose a threat to the safety of …

859-400-0210 Mandatory Personal Appearance Personal appearance by petitioner is required at all stages of a relief hearing. An appearance by an attorney or personal representative on behalf of a petitioner shall not constitute personal appearance. The petitioner may appear by rem…

859-400-0220 Decisions of the Panel; Final Orders; Re-application (1) Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default t…

859-400-0230 Submission of Final Order of Relief to Oregon State Police No later than ten days after the date the Board issues a written final order granting relief from reporting as a sex offender or reclassification of a sex offender, the PSRB shall notify the Department of Sta…

859-501-0005 Notice Prior to the adoption, amendment or repeal of any rule, the Psychiatric Security Review Board shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; …

859-501-0010 Cost of Administrative Rules State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of Juvenile PSRB Administrative Rules. Oregon Admi…

859-510-0005 Definitions (1) ”Administrative Hearing“ means a meeting of the Board at which a quorum is present but the youth is not for the purpose of deliberating about a youth’s status or conditional release plan based upon the written record before the Board. (2) ”Administrat…

859-520-0005 Membership and Terms The Juvenile panel of the Psychiatric Security Review Board shall consist of five members as constituted in ORS chapter 419C. Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.385(…

859-520-0010 Chair The Board shall elect one of its members as chairperson to serve for a term of one year, with the possibility of re-election. Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.38…

859-520-0020 Executive Director; Powers and Duties The executive director shall oversee the daily operations of the Board and officially represent the Board and shall perform other duties including but not limited to: (1) Hiring and terminating employees. (2) Supervising work of …

859-530-0010 Functions and Purpose of JPSRB The Board shall assume jurisdiction over youths adjudged by the court to be “responsible except for insanity” for a period not to exceed the maximum sentence the court finds the youth could have received had the youth been adjudicated e…

859-530-0015 Diversity, Equity, and Inclusion The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action. Statutory/Other Authorit…

859-530-0020 Victim's Rights (1) The Board shall make reasonable efforts to notify victims identified in a jurisdictional order or victims who have requested to be notified of any of the following regarding a person under the Board’s jurisdiction: (a) Any order; (b) Hearings; (c)…

859-540-0005 Hearings and Administrative Meetings (1) The Board shall hold full hearings at least twice every month unless the chairperson determines that there is not sufficient business before the Board to warrant a hearing at the scheduled time. (2) The Board may hold administ…

859-540-0010 Quorum and Decisions The presence of at least three members of the Board constitutes a quorum: (1) Three concurring votes (affirmative or negative) are required for a Board decision. (2) When three members cannot agree on a decision, the hearing shall be continued fo…

859-540-0015 Public Meetings Law All hearings and administrative meetings of the JPSRB are open to the public in accordance with the Public Meetings Law. The deliberations of the Board at hearings are not open to the public, nor are Executive sessions. For purposes of this rule, …

859-540-0020 Records (1) A record shall be kept of Board action taken at an administrative meeting by minutes and any decision made at an administrative hearing of the Board by written findings. (2) All Board hearings, except Board deliberations, shall be recorded by electronic m…

859-540-0025 Public Records Law; Confidentiality (1) The attorneys for the youth shall have the right to review any exhibit to be considered at the hearing. Statutory requirements shall be observed with respect to requests by any other individual/entity to inspect youth records. …

859-550-0005 Notice Written notice of a hearing shall be given to those indicated in ORS 419C.532 via electronic mail unless a hard copy is requested. (1) Those given notice under ORS 419C.532 include the: (a) Youth about whom the hearing is being conducted; (b) Attorney represen…

859-550-0010 Information Contained in Notice Written notice shall contain the information required in ORS 419C.532(12)(b): (1) Time, place and location of the hearing. (2) The issues to be considered, reference to statutes and rules involved, and the authority and jurisdiction un…

859-550-0015 Timing of Hearings The Board shall hold hearings for all youth under its jurisdiction within the timeframes set forth in its statutes in ORS chapter 419C. Statutory/Other Authority: ORS 161.387 & OL 2007 889 § 6 (SB 328) Statutes/Other Implemented: ORS 419C.532, 419C…

859-550-0020 Chairperson Conducting Hearing During hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and the order of questioning and scope of questioning. The chairperson may set time limits and …