Or. Admin. R. 255-060-0009 - Residence Requirements for Certain Sex Offenders Upon Release from Custody
(1) A sex offender
classified as a sexually violent dangerous offender (ORS
137.765) or a predatory sex offender
(ORS 181.765) may not reside near
locations where children are the primary occupants or users.
(2) 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
predatory sex offender for 45 days or less immediately after release from
custody.
(3) Exceptions to this
prohibition may be made by the supervising parole/probation officer if it is
determined that there is sufficient information to support this placement in terms
of public safety and the rehabilitation of the offender. In making this
determination, the following factors must be considered:
(a) Other residential placement options pose a
higher risk to the community, or
(b) An
enhanced support system that endorses supervision goals and community safety efforts
is available at this residence, or
(c)
Enhanced supervision monitoring will be in place (e.g. electronic supervision,
curfew, live-in-care provider, along with community notification), or
(d) This residence includes 24-hour case
management, or
(e) The offender is being
released from prison unexpectedly and more suitable housing will be arranged as soon
as possible. If any of these factors apply to the offender and the residence under
review, an exception to the permanent residence prohibition may be
allowed.
(4) The supervising
officer must inform the community affected by this decision about the reasons for
the decision prior to the offender's release from custody.
Notes
Stat. Auth.: ORS 144.644, 181.585
Stats. Implemented:
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.
No prior version found.