Provides that the State Board of Parole and Post-Prison Supervision is required to classify sex offender registrants convicted before January 1, 2014, into a risk level only in specified circumstances.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 820
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Tina Kotek for State Board of Parole and Post-Prison Supervision)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes when the parole board is required to classify some sex offenders.
(Flesch Readability Score: 65.6).
Provides that the State Board of Parole and Post-Prison Supervision is required to classify sex
offender registrants convicted before January 1, 2014, into a risk level only in specified circum-
stances.
A BILL FOR AN ACT
Relating to sex offender risk levels; amending ORS 163A.125 and section 7, chapter 708, Oregon
Laws 2013.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 7, chapter 708, Oregon Laws 2013, as amended by section 27, chapter 820,
Oregon Laws 2015, section 31, chapter 442, Oregon Laws 2017, section 1, chapter 488, Oregon Laws
2017, and section 1, chapter 430, Oregon Laws 2019, is amended to read:
Sec. 7. (1) As used in this section and ORS 163A.200 to 163A.210:
(a) “Event triggering the obligation to make an initial report” has the meaning given that term
in ORS 163A.110.
(b) “Existing registrant” means a person for whom the event triggering the obligation to make
an initial report under ORS 163A.010 (3)(a)(A), 163A.015 (4)(a)(A) or 163A.020 (1)(a)(A), (2)(a)(A) or
(3)(a)(A) occurs before January 1, 2014.
(2)(a) No later than December 1, 2026, the State Board of Parole and Post-Prison Supervision
shall classify existing registrants in one of the levels described in ORS 163A.100 if the existing
registrant has two or more separate sex crime conviction dates, is being released from De-
partment of Corrections custody or is under 35 years of age on January 1, 2026 . The board
shall also classify an existing registrant who has not been classified and who has petitioned
for reclassification or relief from reporting under ORS 163A.125. The Department of State Po-
lice shall enter the results of the classifications described in this section into the Law Enforcement
Data System within a reasonable time after receipt.
(b) The board shall classify an existing registrant as a level three sex offender under ORS
163A.100 (3), if:
(A) The person was previously designated a predatory sex offender and the designation was
made after the person was afforded notice and an opportunity to be heard as to all factual questions
at a meaningful time and in a meaningful manner; or
(B) The person is a sexually violent dangerous offender under ORS 137.765.
(c) The Psychiatric Security Review Board may complete the risk assessment of an existing
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 355
SB 820
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registrant who is under the jurisdiction of the Psychiatric Security Review Board, regardless of
whether the person has been found guilty except for insanity of a sex crime or was previously con-
victed of a sex crime, if the State Board of Parole and Post-Prison Supervision and the Psychiatric
Security Review Board mutually agree that the Psychiatric Security Review Board has adequate
resources to perform the assessment and that the performance of the assessment by the Psychiatric
Security Review Board would assist in classifying the existing registrant in a more timely manner.
(3) As soon as practicable following the classification of an existing registrant under this sec-
tion, the classifying board shall notify the person of the classification by mail.
(4)(a) An existing registrant who seeks review of a classification made under this section as a
level two or level three sex offender as described in ORS 163A.100 may petition the classifying board
for review. The petition may be filed no later than 60 days after the board provides the notice de-
scribed in subsection (3) of this section.
(b) Upon receipt of a petition described in this subsection, the classifying board shall afford the
person an opportunity to be heard as to all factual questions related to the classification.
(c) After providing the person with notice and an opportunity to be heard in accordance with
this subsection, the board shall classify the person in accordance with the classifications described
in ORS 163A.100, based on all of the information available to the classifying board.
(5) The boards shall adopt rules to carry out the provisions of this section.
[(6) An existing registrant may not petition for reclassification or relief from the obligation to re-
port as a sex offender as provided in ORS 163A.125 until either all existing registrants have been
classified in one of the levels described in ORS 163A.100 or December 1, 2018, whichever occurs
first.]
[(7) Notwithstanding ORS 163A.225 or any other provision of law, the Department of State Police
may until December 1, 2018, continue to use the Internet to make information available to the public
concerning any adult sex offender designated as predatory as authorized by the law in effect on De-
cember 31, 2013. ]
[(8)(a)] (6)(a) If the State Board of Parole and Post-Prison Supervision or the Psychiatric Secu-
rity Review Board does not classify an existing registrant under ORS 163A.100 because the person
has failed or refused to participate in a sex offender risk assessment as directed by the State Board
of Parole and Post-Prison Supervision or the Psychiatric Security Review Board, the appropriate
board shall classify the person as a level three sex offender under ORS 163A.100 (3).
(b) If an existing registrant classified as a level three sex offender under this subsection notifies
the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board of
the willingness to participate in a sex offender risk assessment, the appropriate board shall perform
the assessment and classify the existing registrant in one of the levels described in ORS 163A.100.
[(9)] (7) The State Board of Parole and Post-Prison Supervision or the Psychiatric Security Re-
view Board may reassess or reclassify an existing registrant placed in one of the levels described
in ORS 163A.100 under this section if the classifying board determines that a factual mistake caused
an erroneous assessment or classification.
SECTION 2.
ORS 163A.125 is amended to read:
163A.125. (1)(a) A person who is required to report as a sex offender under ORS 163A.010,
163A.015 or 163A.020 due to a conviction for a sex crime and is classified as a level one sex offender
under ORS 163A.100 (1) may petition the State Board of Parole and Post-Prison Supervision to re-
lieve the person from the obligation to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020.
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(b) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020 due to being found guilty except for insanity under ORS 161.295 for a sex crime, and is
classified as a level one sex offender under ORS 163A.100 (1), may petition the Psychiatric Security
Review Board to relieve the person from the obligation to report as a sex offender under ORS
163A.010, 163A.015 or 163A.020.
(c)(A) Except as otherwise provided in subparagraph (B) of this paragraph, a person described
in paragraph (a) or (b) of this subsection may file the petition no sooner than five years after the
date supervision for the sex crime is terminated or, if the person was not subject to supervision for
the sex crime, five years after the date the person was discharged from the jurisdiction of the court,
Psychiatric Security Review Board or Oregon Health Authority.
(B) A person who was reclassified under subsection (2) of this section from a level two sex
offender under ORS 163A.100 (2) to a level one sex offender under ORS 163A.100 (1) may file the
petition no sooner than five years after the date of reclassification.
(d) Notwithstanding paragraph (c) of this subsection, if a person is required to report because
of a conviction or finding of guilty except for insanity from another United States court as that term
is defined in ORS 163A.005, the person may not petition for relief from reporting as a sex offender
in Oregon unless the laws of the jurisdiction where the person was convicted or found guilty except
for insanity would permit a petition for relief from reporting as a sex offender.
(2)(a) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020 due to a conviction for a sex crime and is classified as a level three sex offender under
ORS 163A.100 (3) may petition the State Board of Parole and Post-Prison Supervision to reclassify
the person as a level two sex offender under ORS 163A.100 (2).
(b) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020 due to being found guilty except for insanity under ORS 161.295 for a sex crime, and is
classified as a level three sex offender under ORS 163A.100 (3), may petition the Psychiatric Security
Review Board to reclassify the person as a level two sex offender under ORS 163A.100 (2).
(c) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020 due to a conviction for a sex crime and is classified as a level two sex offender under ORS
163A.100 (2) may petition the State Board of Parole and Post-Prison Supervision to reclassify the
person as a level one sex offender under ORS 163A.100 (1).
(d) A person who is required to report as a sex offender under ORS 163A.010, 163A.015 or
163A.020 due to being found guilty except for insanity under ORS 161.295 for a sex crime, and is
classified as a level two sex offender under ORS 163A.100 (2), may petition the Psychiatric Security
Review Board to reclassify the person as a level one sex offender under ORS 163A.100 (1).
(e) The petition described in this subsection may be filed no sooner than 10 years after the date
supervision for the sex crime is terminated or, if the person was not subject to supervision for the
sex crime, 10 years after the date the person was discharged from the jurisdiction of the court,
Psychiatric Security Review Board or Oregon Health Authority.
(3)(a) The State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review
Board shall deny a petition filed under this section if, at any time after the person is convicted or
found guilty except for insanity of a sex crime, the person is convicted of or found guilty except for
insanity of a person felony or a person Class A misdemeanor, as those terms are defined in the rules
of the Oregon Criminal Justice Commission.
(b) The appropriate board shall deny a petition filed under subsection (2)(c) or (d) of this section
if the board has previously reclassified the person as a level two sex offender under ORS 163A.100
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(2) as the result of a petition filed under subsection (2)(a) or (b) of this section.
(4)(a) Except as otherwise provided in subsection (3) of this section, if a person files a petition
under subsection (1) of this section, the State Board of Parole and Post-Prison Supervision or the
Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter an
order relieving the person of the obligation to report as a sex offender under ORS 163A.010,
163A.015 or 163A.020 if the board determines, by clear and convincing evidence, that the person:
(A) Is statistically unlikely to reoffend; and
(B) Does not pose a threat to the safety of the public.
(b)(A) Except as otherwise provided in subsection (3) of this section, if a person files a petition
under subsection (2)(a) or (b) of this section, the State Board of Parole and Post-Prison Supervision
or the Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter
an order reclassifying the person as a level two sex offender under ORS 163A.100 (2) if, after com-
pletion of a new risk assessment utilizing the risk assessment methodology described in ORS
163A.100, the person is classified as presenting a low or moderate risk of reoffending and the board
determines that a lower level of notification is sufficient to protect public safety.
(B) Except as otherwise provided in subsection (3) of this section, if a person files a petition
under subsection (2)(c) or (d) of this section, the State Board of Parole and Post-Prison Supervision
or the Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter
an order reclassifying the person as a level one sex offender under ORS 163A.100 (1) if, after com-
pletion of a new risk assessment utilizing the risk assessment methodology described in ORS
163A.100, the person is classified as presenting a low risk of reoffending and the board determines
that a lower level of notification is sufficient to protect public safety.
(5) In making the determinations described in subsection (4) of this section, the State Board of
Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall consider:
(a) The nature of and degree of violence involved in the offense that requires reporting;
(b) The age and number of victims of the offense that requires reporting;
(c) The age of the person at the time of the offense that requires reporting;
(d) The length of time since the offense that requires reporting and the time period during which
the person has not reoffended;
(e) The person’s performance on supervision for the offense that requires reporting;
(f) Whether the person has participated in or successfully completed a court-approved sex
offender treatment program or any other rehabilitative programs;
(g) The person’s stability in employment and housing;
(h) The person’s community and personal support system;
(i) Other criminal and relevant noncriminal behavior of the person both before and after the
offense that requires reporting; and
(j) Any other relevant factors.
(6)(a) The Attorney General may represent the state at a hearing conducted under this section
unless the district attorney of the county in which the person was convicted or, if the conviction for
which the person is required to report as a sex offender was entered in another United States court,
the district attorney of the county in which the person resides, elects to represent the state.
(b) If a district attorney elects to represent the state, the district attorney shall give timely
written notice of the election to the Attorney General, the State Board of Parole and Post-Prison
Supervision or the Psychiatric Security Review Board and the person who is the subject of the
hearing.
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(c) If the district attorney declines to represent the state, the district attorney shall cooperate
with the Attorney General in securing the material necessary to represent the state.
(7)(a) When the State Board of Parole and Post-Prison Supervision or the Psychiatric Security
Review Board enters an order under this section relieving a person of the obligation to report as
a sex offender under ORS 163A.010, 163A.015 or 163A.020 or enters an order reclassifying a person
as a level two sex offender under ORS 163A.100 (2) or as a level one sex offender under ORS
163A.100 (1), the board shall forward a copy of the order to the Department of State Police.
(b) Upon receipt of an order relieving a person of the obligation to report, the department shall
remove from the Law Enforcement Data System the sex offender information obtained from the sex
offender registration form submitted under ORS 163A.010, 163A.015 or 163A.020.
(c) Upon receipt of an order reclassifying a person as a level two sex offender under ORS
163A.100 (2) or as a level one sex offender under ORS 163A.100 (1), the department shall update the
Law Enforcement Data System to reflect the reclassification.
(8) Notwithstanding any other provision of this section, a person who is required to re-
port as a sex offender under ORS 163A.010, 163A.015 or 163A.020 due to a conviction for a sex
crime, but who has not been classified in a level described in ORS 163A.100, may petition the
State Board of Parole and Post-Prison Supervision for relief under this section. Upon the
filing of the petition, the board shall classify the person in order to determine whether the
person qualifies for reclassification or relief from the obligation to report as a sex offender,
and the petition shall thereafter be considered in the normal course as described in this
section.
[(8)] (9) The State Board of Parole and Post-Prison Supervision and the Psychiatric Security
Review Board shall adopt rules to carry out the provisions of this section. The rules may include
a filing fee in an amount determined by the appropriate board. All fees paid under this subsection
shall be deposited into the General Fund and credited to the account of the appropriate board.
[(9)] (10) As used in this section, “supervision” means probation, parole, post-prison supervision
or any other form of supervised or conditional release.
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