(1)(a) If the State Board of Parole and Post-Prison Supervision for a person on parole or post-prison supervision or the Department of Corrections or a community corrections agency for a person on probation makes a determination that the person under its supervision is a predatory sex offender, the agency supervising the person shall notify:
(A) Anyone whom the agency determines is appropriate that the person is a predatory sex offender; and
(B) A long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility.
(b) When a predatory sex offender has been subsequently convicted of another crime and is on supervision for that crime, the agency supervising the person, regardless of the nature of the crime for which the person is being supervised:
(A) May notify anyone whom the agency determines is appropriate that the person is a predatory sex offender; and
(B) Shall notify a long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility.
(2) In making a determination under subsection (1) of this section, the agency shall consider notifying:
(a) The person’s family;
(b) The person’s sponsor;
(c) Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent; and
(d) Any prior victim of the offender.
(3) When an agency determines that notification is necessary, the agency may use any method of communication that the agency determines is appropriate. The notification:
(a) May include, but is not limited to, distribution of the following information:
(A) The person’s name and address;
(B) A physical description of the person including, but not limited to, the person’s age, height, weight and eye and hair color;
(C) The type of vehicle that the person is known to drive;
(D) Any conditions or restrictions upon the person’s probation, parole, post-prison supervision or conditional release;
(E) A description of the person’s primary and secondary targets;
(F) A description of the person’s method of offense;
(G) A current photograph of the person; and
(H) The name or telephone number of the person’s parole and probation officer.
(b) Shall include, if the notification is required under subsection (1)(a)(B) or (b)(B) of this section, the information described in paragraph (a)(D), (F) and (H) of this subsection.
(4) Not later than 10 days after making its determination that a person is a predatory sex offender, the agency supervising the person shall:
(a) Notify the Department of State Police of the person’s status as a predatory sex offender;
(b) Enter into the Law Enforcement Data System the fact that the person is a predatory sex offender; and
(c) Send to the Department of State Police, by electronic or other means, all of the information listed in subsection (3) of this section that is available.
(5) When the Department of State Police receives information regarding a person under subsection (4) of this section, the Department of State Police, upon request, may make the information available to the public.
(6) Upon termination of its supervision of a person determined to be a predatory sex offender, the agency supervising the person shall:
(a) Notify the Department of State Police:
(A) Of the person’s status as a predatory sex offender;
(B) Whether the agency made a notification regarding the person under this section; and
(C) Of the person’s level of supervision immediately prior to termination of supervision; and
(b) Send to the Department of State Police, by electronic or other means, the documents relied upon in determining that the person is a predatory sex offender and in establishing the person’s level of supervision.
(7) The agency supervising a person determined to be a predatory sex offender shall verify the residence address of the person every 90 days. [Formerly 181.508; 1997 c.538 §11; 1999 c.626 §10; 1999 c.843 §2; amendments by 1999 c.626 §33 and 1999 c.843 §3 repealed by 2001 c.884 §1; 2001 c.884 §11; 2005 c.671 §11]
Note: See note under 181.585.
Section: Previous 181.556 181.557 181.560 181.570 181.575 181.580 181.585 181.586 181.587 181.588 181.589 181.590 181.592 181.593 181.594 NextLast modified: August 7, 2008