Or. Admin. Code § 859-400-0030

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

Section 859-400-0030 - Procedures for Classifying and Notifying Adult Male Registrants

(1) The procedures contained in this administrative rule apply to all male offenders who are required to register as sex offenders and who were at least 18 years of age when they committed the offense that created the obligation to register.

(2) The assessing agency will provide the registrant the Static-99R score, the completed Static-99R assessment, a Notice of Rights form and a Written Objections form.

(3) Following the notification in subsection (2), the following applies if the registrant waives objections to the Static-99R score:

(a) If the registrant's obligation to register occurred on or after January 1, 2014, the registrant will forward the Notice of Rights form indicating the registrant's waiver to the PSRB within 20 (twenty) calendar days after the mailing date on the Notice of Rights.

(b) If the registrant's obligation to register occurred before January 1, 2014, the registrant will forward the Notice of Rights form indicating the registrant's waiver to the PSRB within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(c) The PSRB will review the submission by the registrant and determine a final classification.

(d) The PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days of the date of the final classification.

(4) Following the notification in subsection (2), the following applies if a registrant submits written objections to the Static-99R score:

(a) If the registrant's obligation to register occurred on or after January 1, 2014, the registrant must submit his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score within 20 (twenty) calendar days after the mailing date on the Notice of Rights.

(b) If the registrant's obligation to register occurred before January 1, 2014, the registrant must submit his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score to the PSRB within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(c) Objections that are not submitted within these timelines will not be reviewed and the PSRB will proceed to final classification.

(d) Verbal objections will not be considered by the PSRB or Review Officer.

(e) Upon receipt of any timely submitted written objections, a Review Officer will conduct a review of the Static-99R score and supporting documents. The Review Officer will verify the accuracy of each point awarded on the Static-99R and prepare a memo that responds to the registrant's written objections. The Review Officer's review will detail the finding of the Static-99R and make a determination as to whether the registrant's Static-99R score is accurate or should be changed. Upon completing the review, the Review Officer will submit to the PSRB, a memo detailing the review, as well as any information considered by the Review Officer.

(f) The PSRB will review the Review Officer's memo and will order the final classification level based on the Static-99R score and notify the Department of State Police of the results of the risk assessment within 3 (three) business days of the date of the final classification.

(5)

(a) A registrant who refuses to participate in the notice of rights process shall be considered to have waived objections to the Static-99R score. Refusal to participate includes failure to submit a waiver or written objection.

(b) If, following the notification in subsection (2), the registrant's response time has lapsed, the PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days of the date of the final classification.

(6) The PSRB's classification decision shall be final. The PSRB's classification decision is not subject to review under ORS 161.327(7).

Or. Admin. Code § 859-400-0030

PSRB 4-2016, f. & cert. ef. 3/17/2016

Stat. Auth: ORS 161.387(1), 181.801-181.812, 2015 OL, Ch. 820 (HB 2320), 2013 OL, Ch. 708 (HB 2549)

Stat. Implemented: ORS 181.801-181.812, 2015 OL, Ch. 820 (HB 2320), 2013 OL, Ch. 708 (HB 2549)