OAR 255-085-0030
Assessments and Reassessments

(1) Automatic Assessments. Classifying agencies shall classify the following registrants as Level 3 sex offenders:
(a) A person who was previously designated as a predatory sex offender between February 10, 2005 and December 31, 2013;
(b) A person who is designated as a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders);
(c) A registrant who has failed or refused to participate in a sex offender risk assessment.
(2) Initial Assessments
(a) When a person convicted of a crime described in ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree) is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the Board shall conduct a risk assessment of the person before the person is released from custody.
(b) Subject to the procedures set forth in this rule, for a person described in ORS 163A.105 (When risk assessments performed)(1) or 163A.105 (When risk assessments performed)(4) who has not been assessed or classified prior to release, the Board shall conduct a risk assessment of the person within 90 days of either the person’s release from custody or after receiving notice of a person’s obligation to report in this state from the Department of State Police.
(c) If a registrant classified as a level three sex offender under subsection 255-085-0030 (Assessments and Reassessments)(1)(c) notifies the Board of a willingness to participate in a sex offender risk assessment, the Board shall perform the assessment.
(d) For persons who were released from custody or whose initial obligation to register occurred on or after January 1, 2014, the Board shall conduct a risk assessment as soon as practicable.
(3) Subsequent Assessments:
(a) Upon conviction of a new qualifying sex offense after a previous classification, the classifying agency shall reassess the offender and may reclassify the offender if the risk assessment changes the notification level.
(b) The Board may reassess or reclassify an existing registrant placed in one of the levels described in ORS 163A.100 (Risk assessment methodology) if the Board determines that a factual mistake caused an erroneous assessment or classification.
(4) Notifications and Objections: Objections that are not received within these timelines will not be reviewed, and the Board will proceed to final classification.
(a) Registrants who are classified a Notification Level 2 or Level 3 sex offender may petition the Board for review.
(b) The Board will provide to the Level 2 or Level 3 registrant the assessment, a Notice of Rights form, and a Written Objections form. Following this notification, except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.

Source: Rule 255-085-0030 — Assessments and Reassessments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=255-085-0030.

Last Updated

Jun. 8, 2021

Rule 255-085-0030’s source at or​.us