ORS 163A.120
Relief from reporting obligation


(1)

Intentionally left blank —Ed.

(a)

No sooner than 10 years after termination of supervision on probation, conditional release, parole or post-prison supervision, a person required to report 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) may file a petition in circuit court for an order relieving the person of the duty to report. The person must pay the filing fee established under ORS 21.135 (Standard filing fee). A petition may be filed under this section only if:

(A)

The person has only one conviction for a sex crime;

(B)

The sex crime was a misdemeanor or Class C felony or, if committed in another state, would have been a misdemeanor or Class C felony if committed in this state; and

(C)

The person has not been determined to be a predatory sex offender prior to January 1, 2014.

(b)

Intentionally left blank —Ed.

(A)

Except as otherwise provided in this paragraph, the petition must be filed in the circuit court of the county in which the person was convicted of the sex crime.

(B)

If the person was convicted of the sex crime in another state, the petition must be filed in the circuit court of the county in which the person resides.

(c)

The district attorney of the county in which the petition is filed shall be named and served as the respondent in the petition.

(2)

The court shall hold a hearing on the petition. In determining whether to grant the relief requested, the court shall consider:

(a)

The nature of the offense that required reporting;

(b)

The age and number of victims;

(c)

The degree of violence involved in the offense;

(d)

Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that required reporting;

(e)

The period of time during which the petitioner has not reoffended;

(f)

Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

(g)

Any other relevant factors.

(3)

If the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall enter an order relieving the petitioner of the duty to report. When the court enters an order under this subsection, the petitioner shall send a certified copy of the court order to the Department of State Police. [Formerly 181.820]
Note: 163A.120 (Relief from reporting obligation) (formerly 181.820) is repealed January 1, 2023. See section 34, chapter 708, Oregon Laws 2013, as amended by section 28, chapter 820, Oregon Laws 2015, and section 3, chapter 488, Oregon Laws 2017.

Source: Section 163A.120 — Relief from reporting obligation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html.

Notes of Decisions

Petitioner is not required to prove total absence of risk that petitioner might reoffend. Patterson v. Foote, 226 Or App 104, 204 P3d 97 (2009)

163A.005
Definitions for ORS 163A.005 to 163A.235
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
163A.020
Reporting by sex offender upon moving into state
163A.025
Reporting by sex offender adjudicated in juvenile court
163A.030
Hearing on issue of reporting by sex offender adjudicated in juvenile court
163A.035
Registration forms
163A.040
Failure to report as sex offender
163A.045
Purpose of sex offender reporting obligation
163A.050
Notice of reporting obligation to be given by court
163A.055
Notice required when offender moves to another state
163A.060
Offender profiling
163A.065
Immunity
163A.100
Risk assessment methodology
163A.105
When risk assessments performed
163A.110
Applicability of ORS 163A.105
163A.115
When certain classification required
163A.120
Relief from reporting obligation
163A.125
Relief from reporting obligation for sex offenders classified under ORS 163A.100
163A.130
Relief from reporting obligation for juvenile offenders adjudicated in Oregon
163A.135
Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction
163A.140
Relief from reporting obligation
163A.145
Procedure for relief under ORS 163A.140
163A.150
Procedure for relief under ORS 163A.140
163A.200
Provision of records by Psychiatric Security Review Board and Oregon Health Authority
163A.205
Provision of records by Oregon Health Authority
163A.210
Provision of records by Oregon Youth Authority and juvenile department
163A.215
Release of sex offender information according to classification
163A.220
Internet website
163A.225
Release of information concerning sex offender adjudicated in juvenile court
163A.230
Victim access to sex offender information
163A.235
Agreements to resolve concerns about community notification
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