Or. Admin. Code § 255-060-0018 - Offenders Eligible for Sexually Violent Dangerous Offender Designation
(1) "Sexually
violent dangerous offender" is a person who is being released from custody
after serving a sentence of incarceration as a result of conviction for an
offense listed in subparagraph (a) of this paragraph, who has psychopathic
personality features, sexually deviant arousal patterns or interests and a
history of sexual assault, and who the State Board of Parole and Post-Prison
Supervision or local supervisory authority finds presents a substantial
probability of committing an offense listed in subparagraph (a) of this
paragraph.
(a) The offenses to which this rule
applies are:
(A) Rape in the first degree and
sodomy in the first degree if the victim was:
(i) Subjected to forcible compulsion by the
person;
(ii) Under 12 years of age;
or
(iii) Incapable of consent by
reason of mental defect, mental incapacitation or physical
helplessness;
(B)
Unlawful sexual penetration in the first degree; and
(C) An attempt to commit a crime listed in
(A) or (B) of this subparagraph.
(b) "History of sexual assault" means that a
person has engaged in unlawful sexual conduct that:
(A) Is not related to the crime for which the
person is currently on parole or post-prison supervision; and
(B) Seriously endangered the life or safety
of another person or involved a victim under 12 years of age.
(2) Every six months
the Department of Corrections will provide the Board of Parole and Post-Prison
Supervision with a list of offenders who have a history of sexual assault as
defined in (1)(b) above, are serving a sentence of incarceration as a result of
conviction for an offense listed in (1)(a) above, and who are within six months
of release from custody.
(3) When
any offender convicted as a "dangerous offender" under ORS 161.725 and 161.735
is granted a firm release date by the Board of Parole and Post-Prison
Supervision or is otherwise within six months of release from custody, Board of
Parole and Post-Prison Supervision staff will screen the offender to determine
if the offender's record reveals that the offender was convicted of an offense
listed in (1)(a) and has a history of sexual assault as described in
(1)(b).
(4) If Board staff
determines that an offender has the qualifying conviction and history of sexual
assault, the Board of Parole and Post-Prison Supervision will make a finding
that the offender is eligible for designation as a sexually violent dangerous
offender.
(5) The Board may
designate an offender as a sexually violent dangerous offender only if the
offender:
(a) Participated in or refused to
participate in a psychological evaluation ordered by the Board of Parole and
Post-Prison Supervision; and,
(b)
Requested an evidentiary hearing in accordance with these rules or waived
entitlement to such a hearing.
(6) An offender who has been identified as
eligible for designation as a sexually violent dangerous offender designation
will receive notice of the offender's eligibility for designation and of the
offender's right to request a hearing before the Board of Parole and
Post-Prison Supervision to present evidence why the sexually violent dangerous
offender finding should not be made.
(7) The Board of Parole and Post-Prison
Supervision will provide the offender with a copy of the SVDO-1, Notice of
Rights, prior to the evidentiary hearing. Upon receipt of the Notice of Rights
the offender may request an evidentiary hearing or waive his or her right to
the hearing.
(8) The Board of
Parole and Post-Prison Supervision must receive and review the signed SVDO-1
Notice of Rights before an evidentiary hearing is conducted or waived to
determine a SVDO finding. A refusal to participate in the hearings process
shall also constitute a waiver of the right to a hearing.
(9) The Board of Parole and Post-Prison
Supervision will consider any written objections to the psychological
evaluation that are submitted by the offender. An offender may elect to waive
the right to submit written objections.
(10) The purposes of the evidentiary hearing
are to:
(a) Determine whether the offender
meets the criteria of a sexually violent dangerous offender as defined in
Subsection 1, and;
(b) Determine if
there is a substantial probability of offender's committing one of the offenses
listed in Subsection 1 (a).
(11) At the conclusion of the evidentiary
hearing, the Board of Parole and Post-Prison Supervision will determine whether
the offender should be designated as a sexually violent dangerous offender. A
finding that an offender is a sexually violent dangerous offender may be made
by two Board of Parole and Post-Prison Supervision members, except in the case
of an offender who has been sentenced to life imprisonment or convicted of a
crime involving the death of a victim, pursuant to ORS 144.054.
(12) When an offender eligible for
designation as a sexually violent dangerous offender has waived the right to an
evidentiary hearing, the Board of Parole and Post-Prison Supervision will make
the determination whether to designate the offender a sexually violent
dangerous offender based on all the information in the record, including any
psychological evaluations.
(13) A
finding that an offender is a sexually violent dangerous offender will be
contained in the offender's original order of supervision or an amended order
of supervision.
(14) The community
corrections agency supervising an offender found to be a sexually violent
dangerous offender shall subject the offender to intensive supervision as
defined in OAR 255-005-0005(26).
(15) Under this subsection, the term
"offender" includes adults in custody.
Notes
Statutory/Other Authority: ORS 144.637
Statutes/Other Implemented: ORS 144.637 & ORS 144.635
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