Or. Admin. Code § 255-085-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 255-085-0020 - Sex Offender Risk Assessment Methodology

(1) Classifying agencies shall place each registrant into one of the following levels:

(a) Notification Level 1: A registrant who presents the lowest risk of reoffending and requires a limited range of notification;

(b) Notification Level 2: A registrant who presents a moderate risk of reoffending and requires a moderate range of notification; or

(c) Notification Level 3: A registrant who presents the highest risk of reoffending and requires the widest range of notification.

(2) For classification and community notification for adult male registrants, classifying agencies shall use the Static-99R actuarial instrument with the coding manual, Exhibit STATIC-99R, to conduct a sex offender risk assessment, except as to where it conflicts with OAR 255-085-0020(6). Classifying agencies may score registrants using information from previous Static-99 or Static-99R assessments. Classifying agencies shall score and place each registrant into a notification level:

(a) Notification Level 1: Static-99R score of -3 to 3;

(b) Notification Level 2: Static-99R score of 4 to 5; or

(c) Notification Level 3: Static-99R score of 6 or higher.

(3) For classification of other registrants, classifying agencies shall assess registrants using the Level of Services/Case Management Inventory (LS/CMI) as supplemented by an independent sexual offense-specific evaluation report. This assessment shall be performed by an independent evaluator who is a licensed provider or Sex Offender Treatment Board-certified provider qualified to conduct sexual offense risk assessments. The independent evaluator will provide the classifying agency with a written report and will provide information regarding the registrant's risk for sexual re-offense as low, moderate, or high. Classifying agencies shall place the registrant into a notification level according to risk, giving due consideration to the evaluator's assessment.

(4) Level 1 Classification for Certain Registrants:

(a) Classifying agencies may classify a registrant into Level 1, without using the methodologies listed in OAR 255-085-0020 (2), (3) or (6), if the registrant meets all the following criteria:

(A) The registrant has been required to register in Oregon as a sex offender for 10 years or longer;

(B) At least 10 years have passed since the registrant was released from custody for the registrant's conviction requiring sex offender registration or, if the registrant was never placed in custody for the conviction requiring sex offender registration, 10 years after the date the registrant was convicted of the crime requiring sex offender registration;

(C) The registrant does not have a conviction for a person felony or Class A person misdemeanor as defined by the rules of the Oregon Criminal Justice Commission, subsequent to the registrant's initial conviction that required sex offender registration;

(D) The registrant does not have, other than the conviction that required sex offender registration, any other arrest, charge or conviction for a crime that would require registration as a sex offender; and

(E) The registrant does not have repeated (2 or more) criminal convictions for any offense resulting from separate criminal episodes in the five years preceding the classification.

(b) Classifying agencies may classify a female registrant into Level 1, without using the methodologies listed in OAR 255-085-0020 (2) or (3) or (4)(a), unless evidence-based risk factors exist to indicate that the female registrant is at a higher risk to reoffend sexually and a higher level of notification may be appropriate. Evidence-based risk factors for sexually reoffending for a female registrant may include:

(A) The registrant has an arrest, charge, or conviction for a child abuse offense;

(B) The registrant has an arrest, charge, or conviction for promoting prostitution or compelling prostitution;

(C) The registrant has a conviction for a person felony or Class A person misdemeanor as defined by the rules of the Oregon Criminal Justice Commission, subsequent to the registrant's initial conviction that required sex offender registration;

(D) The registrant has an arrest, charge, or conviction for a crime that would require registration as a sex offender in addition to the registrant's conviction that required sex offender registration; or

(E) The registrant has repeated (2 or more) criminal convictions for any offense resulting from separate criminal episodes in the five years preceding the classification.

(c) The methodology described in OAR 255-085-0020(4)(a) or (4)(b) shall not be used for assessments conducted for relief from registration or reclassification of level hearings described in ORS 163A.125. Assessments conducted for relief from registration or reclassification of level hearings shall be conducted using the methodology listed in OAR 255-085-0020 (2), (3), (5) or (6).

(d) Classifying agencies have the discretion to use the methodology in OAR 255-085-0020 (2) or (3) even if a registrant meets the criteria in OAR 255-085-0020(4)(a) or (4)(b).

(5) For classification of registrants petitioning under ORS 163A.125(2), the Board shall use the methodologies under OAR 255-085-0020 (2) or OAR 255-085-0020 (3), except as to where it conflicts with OAR 255-085-0020(6).

(6) Classifying agencies shall place registrants into Notification Level 3 if an assessment under OAR 255-085-0020(2) as it was at the time of release from the index sexual offense would place them in the highest risk category, or Notification Level 2 if an assessment under OAR 255-085-0020(2) as it was at the time of release from the index sexual offense would place them in the moderate risk category, without considering as part of the risk assessment the reduction of risk due to time offense-free in the community.

Or. Admin. Code § 255-085-0020

PAR 3-2015(Temp), f. & cert. ef. 8-27-15 thru 2-19-16; PAR 1-2016, f. & cert. ef. 1/27/2016; PAR 5-2016(Temp), f. 12-28-16, cert. ef. 1-3-17 thru 7-1-17; PAR 1-2017(Temp), f. & cert. ef. 3-21-17 thru 9-16-17; PAR 5-2017(Temp), f. 6-30-17, cert. ef. 7-1-17 thru 12-27-17; PAR 6-2017, amend filed 12/20/2017, effective 12/20/2017; PAR 1-2020, amend filed 01/10/2020, effective 1/10/2020; PAR 4-2020, amend filed 04/29/2020, effective 4/29/2020; PAR 9-2020, amend filed 11/25/2020, effective 11/25/2020; PAR 5-2022, amend filed 08/16/2022, effective 8/16/2022

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115 & ORS 163A.125

Statutes/Other Implemented: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws (2015), SB 767 (2017), HB 2320 (2015) & HB 2045 (2019)