OAR 859-400-0001
Background/Purpose of Rules/Applicability

(1)

2013 Oregon Laws, Chapter 708 (HB 2549) as amended by 2015 Oregon Laws, Chapter 820 (HB 2320) creates a new state-wide system that classifies most registered sex offenders in the State of Oregon. After completion of a risk assessment, each registrant will be classified as a 3, 2 or 1. A classification of “3” is considered the highest risk while a classification of “1” is considered the lowest risk. Effective August 12, 2015, the PSRB has new responsibilities under these laws. First, the PSRB or the Board of Parole & Post-Prison Supervision will be classifying all registrants who have been found GEI (guilty except for insanity) and submitting their classification to Oregon State Police. Depending on a registrant’s risk, the PSRB may release information necessary to protect the public concerning the sex offender and Oregon State Police may release information to the public as well. Finally, registrants who meet the eligibility requirements to apply to the PSRB for relief from registration or request reclassification to a lower level may do so beginning December 1, 2018. Division 400 rules will clarify the PSRB’s implementation of these programs.

(2)

Division 400 administrative rules do not apply to those found responsible except for insanity (REI) who must register as a sex offender due to that finding.

Source: Rule 859-400-0001 — Background/Purpose of Rules/Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0001.

859–400–0001
Background/Purpose of Rules/Applicability 859–400–0005
Definitions 859–400–0010
Sex Offender Risk Assessment Methodology 859–400–0015
Classifying Agency/Sharing of Records 859–400–0020
Timelines for Classifying Registrants 859–400–0025
Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment 859–400–0030
Procedures for Classifying and Notifying Adult Male Registrants 859–400–0035
Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants 859–400–0040
Releasing Information to the Public and Law Enforcement 859–400–0045
Requests for Reclassification/Relief 859–400–0050
Petition for Relief 859–400–0060
Time Frame 859–400–0070
Timing of Relief Hearing 859–400–0080
Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition 859–400–0090
Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score 859–400–0100
Quorum and Decisions of Sex Offender Relief Panel 859–400–0110
Public Meetings Law 859–400–0120
Records 859–400–0130
Confidentiality 859–400–0140
Evidence Considered 859–400–0150
Motion Practice 859–400–0160
Independent Examination of Petitioner 859–400–0170
Objections to Evidence 859–400–0180
Witnesses and Documents 859–400–0190
Testimony Given on Oath 859–400–0200
Standard and Burden of Proof 859–400–0210
Mandatory Personal Appearance 859–400–0220
Decisions of the Panel 859–400–0230
Submission of Final Order of Relief to Oregon State Police
Last Updated

Jun. 8, 2021

Rule 859-400-0001’s source at or​.us