Or. Admin. Code § 255-085-0021 - [Effective until 7/19/2025] Use of Desistance Methodology in Risk Assessments

(1) Definitions

(a) "Conviction" for purposes of desistance, means sentenced by any court to a term of incarceration or probation for a felony or misdemeanor offense.

(b) "Desistance" means the time in the community after release on the index offense, in which the offender has not committed and been convicted of another sex crime.

(c) "Desistance Chart" means the chart in Exhibit-SODC.

(d) "In the community" means not in the custody of a law enforcement or correctional agency.

(e) "Release" means the date of discharge from incarceration, or in the event the offender is subject to a sanction or disposition other than incarceration, the date of sentencing or other disposition of the individual's conviction.

(2) Desistance Methodology For risk assessments that require the use of Exhibit STATIC-99R, classifying agencies shall also use the Desistance Chart set forth in Exhibit-SODC, and the desistance guidelines set forth in Exhibit-SOFC.

Notes

Or. Admin. Code § 255-085-0021

PAR 2-2025, temporary adopt filed 01/22/2025, effective 1/22/2025 through 7/19/2025; PAR 3-2025, temporary adopt filed 01/30/2025, effective 1/30/2025 through 7/19/2025

Statutory/Other Authority: ORS 163A.100, 163A.105, 163A.110, 163A.115, 163A.125 & 163A.105

Statutes/Other Implemented: ORS 163A.100, 163A.105, 163A.110, 163A.115, 163A.125, 163A.105, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws (2015), HB 2320 (2015) & HB 2045 (2019)