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]
Section 163A.120 — Relief from reporting obligation,
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)