Or. Admin. Code § 859-400-0035

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

Section 859-400-0035 - Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants

(1) These procedures apply to registrants for whom the Static-99R is not an appropriate assessment methodology as outlined in OAR 859-400-0010.

(2) With the cooperation of the Oregon State Hospital and community mental health agencies, the PSRB will identify young male registrants, female registrants, and Category B registrants found guilty except for insanity. This may include discharged PSRB clients.

(3) The Board will notify young male registrants, female registrants, and Category B registrants of the registrant's obligation to participate in the assessment and evaluation processes, the registrant's option to request a review of the assessment and evaluation, and the Board's final review of the review and evaluation report.

(4) Subject to the risk assessment methodology set forth in these administrative rules, the Board will classify young male registrants, female registrants, and Category B registrants based on the LS/CMI and findings from an independent sexual offense-specific evaluation performed by a qualified licensed provider to conduct sexual offense risk assessments. The independent evaluator will provide the Board with a written report stating the recommended sex offender classification and notification level, and will provide information regarding the registrant's risk for sexual re-offense. The evaluator should weigh the LS/CMI score when recommending a sex offender classification and notification level based on the sexual offense-specific evaluation.

(5) The Board will provide the registrant with a copy of the completed LS/CMI assessment, the independent sexual offense-specific evaluation report, the Notice of Rights form and the Written Objections form.

(6) Following notification in subsection (5), the following timelines apply for a registrant to waive objections:

(a) If the registrant's obligation to register occurred on or after January 1, 2014 and the registrant waives the right to submit written objections to the LS/CMI score and evaluation report, the registrant will forward the Notice of Rights form indicating the registrant's waiver to the Board within 20 (twenty) calendar business days after the mailing date on the Notice of Rights.

(b) If the registrant's obligation to register occurred before January 1, 2014 and the registrant waives the right to submit Written Objections to the LS/CMI score and evaluation report, the registrant will forward the Notice of Rights form indicating the registrant's waiver to the Board 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 after the final classification.

(7) Following the notification in subsection (5), the following timelines apply for a registrant to submit written objections:

(a) If the registrant's obligation to register occurred on or after January 1, 2014, the registrant must submit the LS/CMI, evaluation report, Notice of Rights and any written objections to the assessment and evaluation findings to the Board 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 any written objections to the assessment and evaluation findings 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 Board will proceed to final classification.

(d) Upon the PSRB's receipt of the written objections, a Review Officer will complete a review of the LS/CMI score, evaluation, and supporting documents. The review will verify the information, and the Review Officer will prepare a memo responding to the written objections, detail the finding of the evaluator, and make a determination as to whether the registrant's LS/CMI score is accurate or should be changed.

(e) If the score places the registrant in Level I or Level II, the Review Officer will provide this memo to the PSRB along with any information considered.

(f) If the score places the registrant in Level III, the Review Officer will schedule a hearing with the registrant. The following procedures shall apply:

(A) The Review Officer will provide the registrant with the documentation submitted for review 14 days before the hearing.

(B) At the hearing, the registrant may present additional evidence or information regarding the LS/CMI score and evaluator's report.

(C) The Review Officer will write a supplement to the memo and will provide the supplement to the Board.

(D) A registrant's refusal to participate in the hearing shall be considered a waiver.

(E) The PSRB will review the Review Officer's memo. The Board will order the classification level based on the LS/CMI score, evaluator's report, and any additional findings and memorandum made by Review Officer, and will notify the Department of State Police of the registrant's final classification within three business days of the date the Board makes its final classification.

(8)

(a) A registrant who refuses to participate in the notice of rights process shall be considered to have waived objections to the LS/CMI score and evaluation report. Refusal to participate includes failure to submit a waiver or written objection.

(b) If, following notification in subsection (3), 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.

(9) 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 § 859-400-0035

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)