Or. Admin. Code § 291-202-0040 - Residence Requirements for Certain Sex Offenders Upon Release
(1) For purposes of
this rule, a sex offender is defined as a person classified as a sexually
violent dangerous offender (ORS 137.765) or a level three sex offender (ORS
163A.105).
(2) A sex offender may
not reside near locations where children are the primary occupants or
users.
(3) This prohibition applies
to permanent housing and not to transitional housing. For purposes of this
rule, transitional housing means housing intended to be occupied by a sexually
violent dangerous offender or a level three sex offender for 45 days or less
immediately after release from custody.
(4) Exceptions to this prohibition may be
made by the supervising county community corrections agency if it is determined
that there is sufficient information to support this placement in terms of
public safety and the rehabilitation of the sex offender. In making this
determination, the following factors must be considered:
(a) Other residential placement options pose
a higher risk to the community;
(b)
An enhanced support system that endorses supervision goals and community safety
efforts is available at this residence;
(c) Enhanced supervision monitoring will be
in place (for example, electronic supervision, curfew, live-in care provider,
along with community notification);
(d) This residence includes 24-hour case
management; or
(e) The sex offender
is being released from custody unexpectedly and more suitable housing will be
arranged as soon as possible.
(5) If a supervising county community
corrections agency makes an exception under this rule, they must inform the
community affected by this decision about the reasons for the decision prior to
the release of the person from custody in accordance with ORS
163A.215.
Notes
Statutory/Other Authority: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
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