Or. Admin. Code § 859-400-0050

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

Section 859-400-0050 - Petition for Relief

(1) An individual classified as a sex offender under ORS 163A.010, 163A.015, or 163A.020 and eligible to petition the Psychiatric Security Review Board may file a petition for relief or reclassification as follows:

(a) for relief, under ORS 163A.125(1)(b), from the obligation to report or;

(b) for reclassification under ORS 163A(2)(b) or (2)(d)

(2) A petition for relief shall be made on forms developed by the PSRB, which shall be available on the PSRB's public website, e-mail, or through U.S. Mail. The petition for relief shall be submitted in its entirety before a hearing will be scheduled. In addition to the forms provided, the petitioner shall submit supporting documentation as follows:

(a) A certified copy of all court records related to the circumstances giving rise to the obligation to report as a sex offender. If the county courthouse is unable to locate petitioner's records, petitioner must obtain a letter from the courthouse records department stating that it is unable to locate the court records related to petitioner's sex offender reporting obligation;

(b) A certified copy of petitioner's national criminal history, including juvenile adjudications, if present;

(c) Certified copies of statements and/or reports sufficient to address:

(i) The nature of and degree of violence involved in the offense or offenses that require reporting;

(ii) The age and number of victims of the offense or offenses requiring reporting;

(iii) The age of the petitioner at the time of the offense or offenses that require reporting;

(iv) The length of time since the offense or offenses that require reporting;

(v) The length of time following the offense or offenses requiring reporting during which the petitioner has not reoffended.

(vi) The person's performance on supervision for the offense or offenses that require reporting;

(vii) Whether the person has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs;

(viii) The petitioner's stability in employment and housing;

(ix) The petitioner's community and personal support system;

(x) Other criminal and relevant noncriminal behavior of the petitioner both before and after the offense or offenses requiring reporting; and

(xi) Any other factors relevant in determining petitioner's anticipated likelihood of reoffending and effect on public safety.

(3) In addition to the required forms and documents in subsection (2), the petitioner may submit additional information in support of the petition for relief including, but not limited to:

(a) A certified copy of all mental health records detailing the petitioner's psychiatric history.

(b) A certified copy of medical records from all of the petitioner's current and former mental health treatment providers, including sex offender treatment providers if the petitioner is receiving or has received such treatment. The records may also include a letter from petitioner's current treating mental health practitioner, if any. The letter may contain the petitioner's current medical health diagnosis, a list of psychiatric medicines and dosage, if any, the petitioner is currently prescribed, history of compliance with the medication, and any other information the practitioner deems relevant to petitioner's risk for committing another sex offense.

(c) If petitioner is currently on probation/parole for a criminal offense, a letter from the petitioner's probation/parole officer providing a history of petitioner's arrests and/or convictions for sex offenses, person felonies, or person Class A misdemeanors.

(4) In addition to submitting a petition and required documents to the PSRB, petitioner shall serve a copy of the petition and required documents on the Oregon Department of Justice and the district attorney in the county that adjudicated the sex offense most recently giving rise to the petitioner's obligation to report as a sex offender.

(5) The petitioner shall ensure that all required information accompanies the petition for relief at the time it is submitted to the PSRB and served on the Department of Justice and the district attorney in the county that adjudicated the sex offense most recently giving rise to the petitioner's obligation to report as a sex offender.

(6) Providing false information, or failure to provide truthful information, in the petition and application materials, shall result in denial of the petition.

Or. Admin. Code § 859-400-0050

PSRB 3-2018, adopt filed 11/28/2018, effective 12/1/2018

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125

Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125