Chapter 163A — Chapter 163A
32 sections in this chapter.
ORS 163A.005 Definitions for ORS 163A.005 to 163A.235. As used in ORS 163A.005 to 163A.235
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(1) “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) A state other than Oregon; (b) The District of Columbia; (c) The Commonwealth of Puerto Rico; (d) Guam; (e) American Samoa; (f) Th…
ORS 163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction. (1) 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
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(2) Subsection (3) of this section applies to a person who: (a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result …
ORS 163A.015 Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction. (1) 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
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(2) Subsection (4) of this section applies to a person who is discharged, released or placed on probation: (a) By the court after being convicted in this state of a sex crime; (b) By a federal court after being convicted of a crime for which the person would have to register as a…
ORS 163A.020 Reporting by sex offender upon moving into state; reporting by certain nonresidents and certain residents. (1)(a) 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
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(A) No later than 10 days after moving into this state; (B) Within 10 days of a change of residence; (C) Within 10 days of a legal change of name; (D) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence; (E) Within 10 days …
ORS 163A.025 Reporting by sex offender adjudicated in juvenile court. (1) 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, unless the juvenile court enters an order under ORS 163A.130 or 163A.135 relieving the person of the obligation to report, if
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(a) The person has been ordered under ORS 163A.030 to report as a sex offender; (b) The person was adjudicated, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015; (c) The person was adjudicated prio…
ORS 163A.030 Hearing on issue of reporting by sex offender adjudicated in juvenile court; right to counsel. (1)(a) 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 that if committed by an adult would constitute a felony sex crime if
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(A) The person was adjudicated on or after August 12, 2015; or (B) The person was adjudicated before August 12, 2015, and was still under the jurisdiction of the juvenile court or the Psychiatric Security Review Board on April 4, 2016. (b) Unless the court continues the hearing d…
ORS 163A.035 Registration forms; Department of State Police to provide; distribution of information; rules; fee. (1) 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 agency or official completing the form shall forward the registration information to the department in the manner prescribed by the department
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(2) The department shall enter into the Law Enforcement Data System the sex offender information obtained from the sex offender registration forms. If a conviction or adjudication that gave rise to the registration obligation is reversed or vacated or if the registrant is pardone…
ORS 163A.040 Failure to report as sex offender; defense. (1) 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
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(a) Fails to make the initial report to an agency; (b) Fails to report when the person works at, carries on a vocation at or attends an institution of higher education; (c) Fails to report following a change of school enrollment or employment status, including enrollment, employm…
ORS 163A.045 Purpose of sex offender reporting obligation; rules. (1) The purpose of ORS 163A.005 to 163A.235 is to assist law enforcement agencies in preventing future sex offenses
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(2) The Department of State Police may adopt rules to carry out the responsibilities of the department under ORS 163A.005 to 163A.235. [Formerly 181.814]
ORS 163A.050 Notice of reporting obligation to be given by court; procedure at intake. (1) 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
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(2) At the initial intake for incarceration or release on any type of supervised release, the sex offender shall complete a form that documents the offender’s obligation to report under ORS 163A.010 or 163A.015 and the effect described in ORS 163A.115 of failing to submit to a se…
ORS 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 state. [Formerly 181.816]
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[Repealed or reserved.]
ORS 163A.060 Offender profiling. (1) 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 following information for the purpose of offender profiling
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(a) Presentence investigations; (b) Violation reports; (c) Parole and probation orders; (d) Conditions of parole and probation and other corrections records; (e) Sex offender risk assessments; and (f) Any other information that the supervising agency or the agency making the clas…
ORS 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. [Formerly 181.818]
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CLASSIFICATION
ORS 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 otherwise discharged from the jurisdiction of a court of this state, or another United States court, for the crime or act for which the sex offender is required to report. Application of the risk assessment methodology to a sex offender must result in placing the sex offender in one of the following levels
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(1) A level one sex offender who presents, or presented at the time of release, sentencing or discharge, the lowest risk of reoffending and requires a limited range of notification. (2) A level two sex offender who presents, or presented at the time of release, sentencing or disc…
ORS 163A.105 When risk assessments performed; classification into risk level; review; rules. (1) 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 assessment to place the person in one of the levels described in ORS 163A.100 before the person is released from custody
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(2) When a person convicted of a sex crime is sentenced to a term of incarceration in a jail, or is discharged, released or placed on probation by the court, the supervisory authority as defined in ORS 144.087 shall assess the person utilizing the risk assessment methodology desc…
ORS 163A.110 Applicability of ORS 163A.105. (1) 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
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(2) As used in this section, “event triggering the obligation to make an initial report” means: (a) If the initial report is described in ORS 163A.010 (3)(a)(A): (A) Discharge, parole or release on any form of supervised or conditional release from a jail, prison or other correct…
ORS 163A.115 When certain classification required; persons ineligible for relief from reporting obligation. Notwithstanding any other provision of law
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(1) A person who is a sexually violent dangerous offender under ORS 137.765: (a) Must be classified as a level three sex offender under ORS 163A.100 (3); and (b) Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offe…
ORS 163A.120 [Formerly 181.820; repealed by 2013 c.708 §34, 2015 c.820 §28 and 2017 c.488 §3]
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RECLASSIFICATION AND RELIEF FROM REPORTING
ORS 163A.125 Relief from reporting obligation for sex offenders classified under ORS 163A.100; reclassification; procedure. (1)(a) 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.015 or 163A.020
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(b) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 due to being found guilty except for insanity under ORS 161.295 for a sex crime, and is classified as a level one sex offender under ORS 163A.100 (1), may petition the Psychiatric Se…
ORS 163A.130 Relief from reporting obligation for juvenile offenders adjudicated in Oregon. (1) 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
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(a) In this state and is required to report under ORS 163A.025 (2) or (3), the petition must be filed in the juvenile court in which the person was adjudicated for the act that requires reporting. (b) In another state and is required to report under ORS 163A.025 (4), the petition…
ORS 163A.135 Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction. (1) 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
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(a) 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 county in which the person resides. (b) In another state and is required to report under ORS 163A.025 (4), the petition must be filed in the juvenile…
ORS 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
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(1)(a) The person has been convicted of: (A) Rape in the third degree as defined in ORS 163.355; (B) Sodomy in the third degree as defined in ORS 163.385; (C) Sexual abuse in the third degree as defined in ORS 163.415; (D) Sexual abuse in the second degree as defined in ORS 163.4…
ORS 163A.145 Procedure for relief under ORS 163A.140; upon conviction or adjudication. (1) 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
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(2) The court shall enter an order relieving the person of the requirement to report, unless: (a) The court finds by a preponderance of the evidence that the person does not meet the eligibility requirements described in ORS 163A.140; or (b) The district attorney and the person s…
ORS 163A.150 Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim. (1) 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
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(a) 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 circuit court of the county in which the person was convicted or adjud…
ORS 163A.200 Provision of records by Psychiatric Security Review Board and Oregon Health Authority. (1) 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
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(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105; (b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as …
ORS 163A.205 Provision of records by Oregon Health Authority. (1) Notwithstanding ORS 179.505, the Oregon Health Authority shall provide to the Psychiatric Security Review Board any records that would assist the board in
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(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105; (b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as …
ORS 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 order for the boards to determine whether to reclassify the person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125, or whether to classify a person who is an existing registrant into one of the three levels described in ORS 163A.100, as required by section 7, chapter 708, Oregon Laws 2013. [2015 c.820 §21; 2017 c.442 §32; 2017 c.488 §6; 2021 c.489 §15]
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Note: See note under 163A.200. RELEASE OF INFORMATION
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
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(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 descri…
ORS 163A.220 Internet website. The Department of State Police shall consider
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(1) Contracting with a private vendor to build and maintain the website required by ORS 163A.215 (2)(a). (2) 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. [Formerly 181…
ORS 163A.225 Release of information concerning sex offender adjudicated in juvenile court. (1)(a) 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, upon request, only
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(A) The sex offender’s name and year of birth; (B) The name and zip code of the city where the sex offender resides; (C) The name and telephone number of a contact person at the agency that is supervising the sex offender; and (D) The name of institutions of higher education that…
ORS 163A.230 Victim access to sex offender information; toll-free telephone number. (1)(a) 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
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(b) 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: (A) At any time, upon request by the victim; and (B) Upon verification of the identification of the victim. …
ORS 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
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(1) “Community notification” means the disclosure of information to the public as provided in ORS 163A.005 to 163A.235. (2) “Supervising agency” means a governmental entity responsible for supervising a person required to report under ORS 163A.010, 163A.015 or 163A.025. [Formerly…