(1) Except as provided in subsection (6) of this section, when a person is required to report under ORS 181.595, 181.596 or 181.597 as a result of having been found in a juvenile adjudication in another jurisdiction to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult, the person may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the duty to report if:
(a) The person has been registered as a sex offender in this state for at least two years;
(b) At least two years, but not more than five years, have elapsed since the termination of supervision on probation or parole; and
(c) The person submits with the petition all releases and waivers necessary to allow the district attorney for the county in which the petition is filed to obtain the following documents from the jurisdiction in which the person was adjudicated for the sex crime:
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the sex crime for which reporting is required;
(F) The order terminating jurisdiction for the sex crime for which reporting is required; and
(G) The evaluation and treatment records or reports of the person that are related to the sex crime for which reporting is required.
(2) A person filing a petition under this section has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public.
(3) Unless the court finds good cause for a continuance, the court shall hold a hearing on the petition no sooner than 90 days and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of this section, if a person has not been registered as a sex offender in this state for two years until more than five years have elapsed since the termination of supervision on probation or parole, the person may file a petition seeking relief under this section if the person files the petition no later than 90 days after the date on which the person has been registered as a sex offender in this state for two years.
(5) If a person who files a petition under this section is required to report as a sex offender for having committed an act that if committed in this state could have subjected the person to prosecution as an adult under ORS 137.707, the court may not grant the petition notwithstanding the fact that the person has met the burden of proof established in subsection (2) of this section unless the court determines that to do so is in the interest of public safety.
(6) This section does not apply to a person who is required to register as a sex offender for life in the jurisdiction in which the offense occurred.
(7) In a hearing under this section, the court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150.
(8) If the court is satisfied by clear and convincing evidence that the person is rehabilitated and that the person does not pose a threat to the safety of the public, the court shall enter an order relieving the person of the duty to report. When the court enters an order under this subsection, the person shall send a certified copy of the court order to the Department of State Police. [Formerly 181.608]
Section: Previous 181.791 181.793 181.796 181.798 181.799 181.820 181.823 181.826 181.830 181.832 181.833 181.850 181.852 181.854 181.860 NextLast modified: August 7, 2008