OAR 859-400-0050
Petition for Relief

(1) An individual classified as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), or 163A.020 (Reporting by sex offender upon moving into state) 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 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) (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.

Source: Rule 859-400-0050 — Petition for Relief, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0050.

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 859-400-0050’s source at or​.us