OAR 859-400-0160
Independent Examination of Petitioner

(1) The PSRB may require that the petitioner undergo an independent psychosexual assessment in addition to any submitted by petitioner. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of the petitioner’s risk of recidivism, and shall discuss any efforts on the petitioner’s part to engage in rehabilitative treatment. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief.
(2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. If granted, the party requesting the assessment shall bear its costs.
(a) The attorney for the state or county shall file a written notice of intent to request an assessment within 10 days from receipt of the petition for relief. The notice shall be served on the Board and the petitioner.
(b) The examination shall include an opinion, and a basis for that opinion, as to whether the petitioner is statistically unlikely to reoffend, and whether the petitioner poses a threat to the safety of the public were the Panel to grant relief.

Source: Rule 859-400-0160 — Independent Examination of Petitioner, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0160 (accessed May 26, 2025).

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

May 26, 2025

Rule 859-400-0160's source at or​.us