Sex Offender Reporting and Classification

ORS 163A.010
Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction

(1)

The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.

(2)

Subsection (3) of this section applies to a person who:

(a)

Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:

(A)

Conviction of a sex crime or a crime for which the person would have to register as a sex offender under federal law; or

(B)

Having been found guilty except for insanity of a sex crime;

(b)

Is paroled to this state under ORS 144.610 (Out-of-state supervision of parolees) after being convicted in another United States court of a crime:

(A)

That would constitute a sex crime if committed in this state; or

(B)

For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state; or

(c)

Is discharged by the court under ORS 161.329 (Order of discharge) after having been found guilty except for insanity of a sex crime.
(3)(a) A person described in subsection (2) of this section shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:

(A)

Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release;

(B)

Within 10 days of a change of residence;

(C)

Within 10 days of a legal change of name;

(D)

Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;

(E)

Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education;

(F)

Within 10 days of a change in work, vocation or attendance status at an institution of higher education; and

(G)

At least 21 days prior to any intended travel outside of the United States.

(b)

If a person required to report under this subsection has complied with the initial reporting requirement under paragraph (a)(A) of this subsection, the person shall subsequently report, in person, in the circumstances specified in paragraph (a) of this subsection, as applicable, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s last reported residence.

(c)

Notwithstanding paragraphs (a) and (b) of this subsection, during the period of supervision or custody authorized by law, the Oregon Youth Authority may authorize an adjudicated youth committed to its supervision and custody by order of the juvenile court or a person placed in its physical custody under ORS 137.124 (Commitment of defendant to Department of Corrections or county) or any other provision of law to report to the authority regardless of the adjudicated youth’s or the person’s last reported residence.

(d)

In the event that a person reports to the authority under this subsection, the authority shall register the person.

(e)

The obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.

(4)

As part of the registration and reporting requirements of this section:

(a)

The person required to report shall:

(A)

Provide the information necessary to complete the sex offender registration form and sign the form as required; and

(B)

Submit to the requirements described in paragraph (b) of this subsection.

(b)

The Department of State Police, Oregon Youth Authority, city police department or county sheriff’s office:

(A)

Shall photograph the person when the person initially reports under this section and each time the person reports annually under this section;

(B)

May photograph the person or any identifying scars, marks or tattoos located on the person when the person reports under any of the circumstances described in this section; and

(C)

Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police. [Formerly 181.806; 2016 c.95 §4; 2019 c.430 §11; 2021 c.489 §13]

Notes of Decisions

Registration requirement under 1995 version of statute was not ex post facto law under Oregon or United States Constitution. State v. MacNab, 334 Or 469, 51 P3d 1249 (2002)

Crime of failure to report as sex offender occurs at midnight on tenth day after defendant changes residence; venue therefore lies in whichever county defendant is located at that time. State v. Thompson, 251 Or App 595, 284 P3d 559 (2012)

Failure to register is offense that occurs single time each year, not ongoing offense. State v. Fry, 303 Or App 587, 464 P3d 521 (2020)

Law Review Citations

35 WLR 83 (1999)

Source

Last accessed
Mar. 11, 2023

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