Or. Admin. Code § 255-087-0020

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

Section 255-087-0020 - Determination of Eligibility for Relief from Sex Offender Reporting

Not every registrant is eligible for relief from the obligation to register. The Board will determine eligibility before reviewing a petition for relief.

(1) Forms - Registrants requesting eligibility to petition shall use forms provided by the Board.

(2) Verification of eligibility - The Board will determine eligibility using the criteria in subsection (3) below.

(3) Eligibility Criteria

(a) Qualifications - Registrants who are classified as a level one sex offender and who live, work or go to school in Oregon, may petition the Board for relief from registration.

(A) Five years after the date supervision for the sex crime is terminated or, if the person was not subject to supervision for the sex crime, five years after the date the person was discharged from the jurisdiction of the court.

(B) Five years after date of re-classification from a level two sex offender to a level one sex offender.

(b) Disqualifications - A registrant is not eligible for relief from reporting if the registrant:

(A) Was convicted of any of the crimes in ORS 163A.115: Rape in the first degree; Sodomy in the first degree; Unlawful sexual penetration in the first degree; Kidnapping in the first degree as described in ORS 163.235(1)(e) or when the victim is under 18 years of age; or Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005(5)(a) to (w); or equivalent crime in another state or jurisdiction.

(B) Was classified as a level three sex offender based on the registrant's designation as a Predatory Sex Offender between February 10, 2005 and December 31, 2013.

(C) Was designated as a Sexually Violent Dangerous Offender (SVDO) under ORS 137.765.

(D) After being convicted of a sex crime that required registration, was found guilty of a subsequent person felony or Class A person misdemeanor under ORS 163A.125.

(E) Was initially classified by the Psychiatric Security Review Board (PSRB). (Registrants classified by the PSRB should refer to the PSRB for more information.) Page 3 of 8

(F) Has a sex crime conviction in a jurisdiction other than Oregon and the jurisdiction where the person was convicted would not permit a petition for relief from reporting as a sex offender.

(4) Decision - Once the Board determines that the registrant is eligible for relief, the Board will review the registrant's relief petition.

Or. Admin. Code § 255-087-0020

PAR 7-2018, adopt filed 11/19/2018, effective 12/1/2018

Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005

Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125