OAR 859-400-0030
Procedures for Classifying and Notifying Adult Male Registrants

(1)

The procedures contained in this administrative rule apply to all male offenders who are required to register as sex offenders and who were at least 18 years of age when they committed the offense that created the obligation to register.

(2)

The assessing agency will provide the registrant the Static-99R score, the completed Static-99R assessment, a Notice of Rights form and a Written Objections form.

(3)

Following the notification in subsection (2), the following applies if the registrant waives objections to the Static-99R score:

(a)

If the registrant’s obligation to register occurred on or after January 1, 2014, the registrant will forward the Notice of Rights form indicating the registrant’s waiver to the PSRB 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 will forward the Notice of Rights form indicating the registrant’s waiver to the PSRB 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 of the date of the final classification.

(4)

Following the notification in subsection (2), the following applies if a registrant submits written objections to the Static-99R score:

(a)

If the registrant’s obligation to register occurred on or after January 1, 2014, the registrant must submit his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score 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 his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score to the PSRB 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 PSRB will proceed to final classification.

(d)

Verbal objections will not be considered by the PSRB or Review Officer.

(e)

Upon receipt of any timely submitted written objections, a Review Officer will conduct a review of the Static-99R score and supporting documents. The Review Officer will verify the accuracy of each point awarded on the Static-99R and prepare a memo that responds to the registrant’s written objections. The Review Officer’s review will detail the finding of the Static-99R and make a determination as to whether the registrant’s Static-99R score is accurate or should be changed. Upon completing the review, the Review Officer will submit to the PSRB, a memo detailing the review, as well as any information considered by the Review Officer.

(f)

The PSRB will review the Review Officer’s memo and will order the final classification level based on the Static-99R score and notify the Department of State Police of the results of the risk assessment within 3 (three) business days of the date of the final classification.

(5)

Intentionally left blank —Ed.

(a)

A registrant who refuses to participate in the notice of rights process shall be considered to have waived objections to the Static-99R score. Refusal to participate includes failure to submit a waiver or written objection.

(b)

If, following the notification in subsection (2), 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.

(6)

The PSRB’s classification decision shall be final. The PSRB’s classification decision is not subject to review under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony)(7).

Source: Rule 859-400-0030 — Procedures for Classifying and Notifying Adult Male Registrants, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0030.

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 859-400-0030’s source at or​.us