Or. Admin. Code § 255-085-0030

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

Section 255-085-0030 - Assessments and Reassessments

(1) Automatic Assessments. Classifying agencies shall classify the following registrants as Level 3 sex offenders:

(a) A person who was previously designated as a predatory sex offender between February 10, 2005 and December 31, 2013;

(b) A person who is designated as a sexually violent dangerous offender under ORS 137.765;

(c) A registrant who has failed or refused to participate in a sex offender risk assessment.

(2) Initial Assessments

(a) 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 Board shall conduct a risk assessment of the person before the person is released from custody.

(b) Subject to the procedures set forth in this rule, for a person described in ORS 163A.105(1) or 163A.105(4) who has not been assessed or classified prior to release, the Board shall conduct a risk assessment of the person within 90 days of either the person's release from custody or after receiving notice of a person's obligation to report in this state from the Department of State Police.

(c) If a registrant classified as a level three sex offender under subsection 255-085-0030(1)(c) notifies the classifying agency of a willingness to participate in a sex offender risk assessment, the classifying agency shall perform the assessment.

(d) For persons who were released from custody or whose initial obligation to register occurred on or after January 1, 2014, the Board shall conduct a risk assessment as soon as practicable.

(3) Subsequent Assessments:

(a) Upon conviction of a new qualifying sex offense after a previous classification, the classifying agency shall reassess the offender and may reclassify the offender if the risk assessment changes the notification level.

(b) The classifying agency may reassess or reclassify an existing registrant placed in one of the levels described in ORS 163A.100 if the classifying agency determines that a factual mistake caused an erroneous assessment or classification.

(4) Notifications and Objections: Objections that are not received within these timelines will not be reviewed, and the Board will proceed to final classification.

(a) Registrants who are classified a Notification Level 2 or Level 3 sex offender may petition the Board for review.

(b) The Board will provide to the Level 2 or Level 3 registrant the assessment, a Notice of Rights form, and a Written Objections form. Following this notification, except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.

Or. Admin. Code § 255-085-0030

PAR 3-2015(Temp), f. & cert. ef. 8-27-15 thru 2-19-16; PAR 1-2016, f. & cert. ef. 1/27/2016; 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 1-2018, minor correction filed 03/07/2018, effective 3/7/2018; PAR 10-2020, amend filed 12/04/2020, effective 12/5/2020; PAR 1-2023, amend filed 08/01/2023, effective 8/1/2023

Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, ORS 144.050 & ORS 144.140

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)