Or. Admin. Code § 859-400-0005

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

Section 859-400-0005 - Definitions

(1) "Adult male registrant" means a male who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, and was at least 18 years of age when he committed the offense.

(2) "BOPPPS" means the Oregon Board of Parole and Post-Prison Supervision.

(3) "Category B registrant" means a person of any sex or any age at the time of crime commission who is required to register as a sex offender based only on a conviction for a Category B sex crime.

(4) "Category B sex crime" means any type of criminal offense within the scope of "Category B offenses" listed in the Static-99 Coding Rules (Revised 2003). These include: consensual sex with other adults in public places, crimes relating to child pornography, indecent behavior without a sexual motive (urinating in public), offering prostitution services, pimping/pandering, seeking/hiring prostitutes and solicitation of a prostitute.

(5) "Conditional Release" means an individual found GEI is under supervision of the PSRB living in the community under a Conditional Release order.

(6) "Discharged" means an individual found GEI is no longer under the supervision of the PSRB.

(7) "Female registrant" means a female who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, regardless of her age when she committed the offense.

(8) "Review Officer" means a person designated by the Board to consider objections to a registrant's risk assessment score and forward those recommendations to the Board.

(9) "OHA" means the Oregon Health Authority.

(10) "Party" includes the Department of Justice, petitioner, and district attorney from the county where the sex offense most recently giving rise to the obligation to report as a sex offender was adjudicated.

(11) "Person Class A misdemeanor" has the meaning assigned to it under OAR 213-003-0001(15)

(12) "Person felony" has the meaning assigned to it under OAR 213-003-0001(14).

(13) "Petitioner" refers to any person who petitions for relief either from the obligation to register as a sex offender, or for reclassification to a lower classification level under ORS 163A.125(1)(b), (2)(b) or (2)(d).

(14) "PSRB" or "Board" means the Psychiatric Security Review Board, including the members of both the Adult and Juvenile Panels.

(15) "Public Interest" is the interest in protecting society from harm and protecting an individual from self-harm. "Public interest" also includes reducing the impact of crime on victims' lives. "Public interest" does not include generalized fear of crime or fear of people with mental illness.

(16) "Registrant" means a person for whom the event triggering the obligation to make an initial report under ORS 163A.010(3)(a)(A), 163A.015(4)(a)(A), 163A.020(1)(a)(A), 2(a)(A) or (3)(a)(A) has occurred.

(17) "Relief Hearing" is a hearing for petitioners who request relief under ORS 163A.125 either from the obligation to register as a sex offender under ORS 163A.125(1)(b), or for reclassification to a lower classification level under ORS 163A.125(2)(b) or (2)(d).

(18) "Sex crime" has the definition contained in ORS 163A.005(5).

(19) "Sex Offender Relief Panel" or "Panel." Three members from the Board's Adult Panel, which hears and considers petitions for relief either from the obligation to register as a sex offender, or for reclassification to a lower classification level under ORS 163A.125(1)(b), (2)(b) or (2)(d).

(20) "Victim" is the person or persons who has suffered financial, social, psychological or physical harm as a result of an offense and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the petitioner be considered a victim.

(21) "Young male registrant" means an offender who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, and who was 17 years of age or younger when he committed the offense. "Young male registrant" does not mean a person solely found responsible except for insanity as a youth.

Or. Admin. Code § 859-400-0005

PSRB 4-2016, f. & cert. ef. 3/17/2016; PSRB 3-2018, amend filed 11/28/2018, effective 12/1/2018

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)

Statutes/Other Implemented: 2013 OL, Ch. 708 (HB 2549), ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030 & 163A.200 - 210