ORS 163A.215
Release of sex offender information according to classification

(1)

Intentionally left blank —Ed.

(a)

A notifying agency or a supervising agency shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender.

(b)

A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency or supervising agency determines that the release of information is in the public interest.

(c)

In addition to the release of information described in this subsection and ORS 137.540 (Conditions of probation), 144.260 (Notice of prospective release on parole or post-prison supervision) and 441.373 (Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime), a notifying agency or a supervising agency may release sex offender information to the public in accordance with subsections (2) to (4) of this section.

(2)

If the sex offender is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3):

(a)

The Department of State Police shall release sex offender information on a website maintained by the department; and

(b)

The supervising agency or a notifying agency may release sex offender information to:

(A)

A person that resides with the sex offender;

(B)

A person with whom the sex offender has a significant relationship;

(C)

Residential neighbors and churches, community parks, schools and child care centers, convenience stores, businesses and other places that children or other potential victims may frequent;

(D)

A long term care facility, as defined in ORS 442.015 (Definitions), or a residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), if the agency knows that the sex offender is seeking admission to the facility; and

(E)

Local or regional media sources.

(3)

Notwithstanding subsection (2)(a) of this section, the Department of State Police may not use the Internet to make available to the public information concerning a sex offender classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) while the person is under the supervision of the Psychiatric Security Review Board, unless the department is authorized to do so by a request of the supervising agency.

(4)

If the sex offender is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), the supervising agency or a notifying agency may release sex offender information to the persons or entities described in subsection (2)(b)(A) to (D) of this section.

(5)

If the sex offender is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the supervising agency or a notifying agency may release sex offender information to a person described in subsection (2)(b)(A) of this section.

(6)

As used in this section:

(a)

“Notifying agency” means the Department of State Police, a city police department, a county sheriff’s office or a police department established by a university under ORS 352.121 (University police departments and officers).

(b)

“Sex offender information” means information that the Department of State Police determines by rule is appropriate for release to the public.

(c)

“Supervising agency” means a governmental entity responsible for supervising a person required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction). [Formerly 181.835; 2017 c.442 §33]
Note: See notes under 163A.115 (When certain classification required).

Source: Section 163A.215 — Release of sex offender information according to classification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html.

Notes of Decisions

Under former similar statute (ORS 181.587)

Giving notice of predatory sex offender to community does not impose sufficient affirmative disability to render statute punitive in nature, therefore constitutional protections against ex post facto laws, double jeopardy and cruel and unusual punishment do not apply. Meadows v. Board of Parole and Post-Prison Supervision, 181 Or App 565, 47 P3d 506 (2002), Sup Ct review denied

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
Green check means up to date. Up to date

Current through early 2024

§ 163A.215’s source at oregon​.gov