Or. Admin. Code § 255-085-0030 - [Effective until 11/23/2025] Assessments and Reassessments
(1) Automatic Assessments. Classifying
agencies shall classify the following registrants as Level 3 sex offenders:
(a) A person who was previously designated as
a predatory sex offender between February 10, 2005, and December 31,
2013;
(b) A person who is
designated as a sexually violent dangerous offender under ORS
137.765;
(c) A registrant who has failed or refused to
participate in a sex offender risk assessment.
(2) Initial Assessments
(a) When a person convicted of a crime
described in ORS 163.355 to
163.427 is sentenced to a term
of imprisonment in a Department of Corrections institution for that crime, the
Board shall conduct a risk assessment of the person before the person is
released from custody.
(b) Subject
to the procedures set forth in this rule, for a person described in ORS
163A.105(1) or
163A.105(4) who
has not been assessed or classified prior to release, the Board shall conduct a
risk assessment of the person within 90 days of either the person's release
from custody or after receiving notice of a person's obligation to report in
this state from the Department of State Police.
(c) If a registrant classified as a level
three sex offender under subsection
255-085-0030(1)(c)
notifies the classifying agency of a
willingness to participate in a sex offender risk assessment, the classifying
agency shall perform the assessment.
(d) For persons who were released from
custody or whose initial obligation to register occurred on or after January 1,
2014, the Board shall conduct a risk assessment as soon as
practicable.
(3)
Subsequent Assessments:
(a) Upon conviction of
a new qualifying sex offense after a previous classification, the classifying
agency shall reassess the offender and may reclassify the offender if the risk
assessment changes the notification level.
(b) The classifying agency may reassess or
reclassify an existing registrant placed in one of the levels described in ORS
163A.100 if the classifying
agency determines that a factual mistake caused an erroneous assessment or
classification.
(c) The Board may
reassess or reclassify an existing registrant if that person has committed a
sexually motivated rule violation while in custody, has committed a sexually
motivated violation of a condition of probation, parole or post-prison
supervision or has been arrested for or charged with a sex crime.
(d) The Board may reassess or reclassify any
sex offender who was previously assessed or classified on or after July 10,
2024, in accordance with the amendments to ORS
163A.100 by Oregon Laws 2015,
chapter 820.
(4)
Notifications and Objections: Objections that are not received within these
timelines will not be reviewed, and the Board will proceed to final
classification.
(a) Registrants who are
classified a Notification Level 2 or Level 3 sex offender may petition the
Board for review.
(b) The Board
will provide to the Level 2 or Level 3 registrant the assessment, a Notice of
Rights form, and a Written Objections form. Following this notification, except
for good cause shown, the petition may be filed no later than 60 days after the
notice of the classification is provided to the person or, if the notice is
mailed, no later than 60 days after the notice is sent.
Notes
Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, ORS 144.050 & ORS 144.140
Statutes/Other Implemented: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws 2015, SB 767 (2017) & HB 2320 (2015)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Automatic Assessments. Classifying agencies shall classify the following registrants as Level 3 sex offenders:
(a) A person who was previously designated as a predatory sex offender between February 10, 2005 and December 31, 2013;
(b) A person who is designated as a sexually violent dangerous offender under ORS 137.765;
(c) A registrant who has failed or refused to participate in a sex offender risk assessment .
(2) Initial Assessments
(a) When a person convicted of a crime described in ORS 163.355 to 163.427 is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the Board shall conduct a risk assessment of the person before the person is released from custody.
(b) Subject to the procedures set forth in this rule, for a person described in ORS 163A.105(1) or 163A.105(4) who has not been assessed or classified prior to release, the Board shall conduct a risk assessment of the person within 90 days of either the person's release from custody or after receiving notice of a person's obligation to report in this state from the Department of State Police.
(c) If a registrant classified as a level three sex offender under subsection 255-085-0030(1)(c) notifies the classifying agency of a willingness to participate in a sex offender risk assessment , the classifying agency shall perform the assessment.
(d) For persons who were released from custody or whose initial obligation to register occurred on or after January 1, 2014, the Board shall conduct a risk assessment as soon as practicable.
(3) Subsequent Assessments:
(a) Upon conviction of a new qualifying sex offense after a previous classification, the classifying agency shall reassess the offender and may reclassify the offender if the risk assessment changes the notification level.
(b) The classifying agency may reassess or reclassify an existing registrant placed in one of the levels described in ORS 163A.100 if the classifying agency determines that a factual mistake caused an erroneous assessment or classification.
(4) Notifications and Objections: Objections that are not received within these timelines will not be reviewed, and the Board will proceed to final classification.
(a) Registrants who are classified a Notification Level 2 or Level 3 sex offender may petition the Board for review.
(b) The Board will provide to the Level 2 or Level 3 registrant the assessment, a Notice of Rights form, and a Written Objections form. Following this notification, except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.
Notes
Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, ORS 144.050 & ORS 144.140
Statutes/Other Implemented: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws 2015, SB 767 (2017) & HB 2320 (2015)