Or. Admin. R. 255-060-0018 - Offenders Eligible for Sexually Violent Dangerous Offender Designation
(1) "Sexually violent dangerous offender" is a person who is
being released from custody after serving a sentence of incarceration as a
result of conviction for an offense listed in subparagraph (a) of this
paragraph, who has psychopathic personality features, sexually deviant arousal
patterns or interests and a history of sexual assault, and who the State Board
of Parole and Post-Prison Supervision or local supervisory authority finds
presents a substantial probability of committing an offense listed in
subparagraph (a) of this paragraph.
(a) The offenses to which this rule applies are:
(A) Rape in the first degree and sodomy in the first degree if
the victim was:
(i) Subjected to forcible compulsion by the person;
(ii) Under 12 years of age; or
(iii) Incapable of consent by reason of mental defect, mental
incapacitation or physical helplessness;
(B) Unlawful sexual penetration in the first degree; and
(C) An attempt to commit a crime listed in (A) or (B) of this
subparagraph.
(b) "History of sexual assault" means that a person has engaged
in unlawful sexual conduct that:
(A) Is not related to the crime for which the person is
currently on parole or post-prison supervision; and
(B) Seriously endangered the life or safety of another person
or involved a victim under 12 years of age.
(2) Every six months the Department of Corrections will provide
the Board of Parole and Post-Prison Supervision with a list of offenders who
have a history of sexual assault as defined in (1)(b) above, are serving a
sentence of incarceration as a result of conviction for an offense listed in
(1)(a) above, and who are within six months of release from custody.
(3) When any offender convicted as a "dangerous offender" under
ORS 161.725 and 161.735 is granted a firm release date by the Board of Parole
and Post-Prison Supervision or is otherwise within six months of release from
custody, Board of Parole and Post-Prison Supervision staff will screen the
offender to determine if the offender's record reveals that the offender was
convicted of an offense listed in (1)(a) and has a history of sexual assault as
described in (1)(b).
(4) If Board staff determines that an offender has the
qualifying conviction and history of sexual assault, the Board of Parole and
Post-Prison Supervision will make a finding that the offender is eligible for
designation as a sexually violent dangerous offender.
(5) The Board may designate an offender as a sexually violent
dangerous offender only if the offender:
(a) Participated in or refused to participate in a
psychological evaluation ordered by the Board of Parole and Post-Prison
Supervision; and,
(b) Requested an evidentiary hearing in accordance with these
rules or waived entitlement to such a hearing.
(6) An offender who has been identified as eligible for
designation as a sexually violent dangerous offender designation will receive
notice of the offender's eligibility for designation and of the offender's
right to request a hearing before the Board of Parole and Post-Prison
Supervision to present evidence why the sexually violent dangerous offender
finding should not be made.
(7) The Board of Parole and Post-Prison Supervision will
provide the offender with a copy of the SVDO-1, Notice of Rights, prior to the
evidentiary hearing. Upon receipt of the Notice of Rights the offender may
request an evidentiary hearing or waive his or her right to the hearing.
(8) The Board of Parole and Post-Prison Supervision must
receive and review the signed SVDO-1 Notice of Rights before an evidentiary
hearing is conducted or waived to determine a SVDO finding. A refusal to
participate in the hearings process shall also constitute a waiver of the right
to a hearing.
(9) The Board of Parole and Post-Prison Supervision will
consider any written objections to the psychological evaluation that are
submitted by the offender. An offender may elect to waive the right to submit
written objections.
(10) The purposes of the evidentiary hearing are to:
(a) Determine whether the offender meets the criteria of a
sexually violent dangerous offender as defined in Subsection 1, and;
(b) Determine if there is a substantial probability of
offender's committing one of the offenses listed in Subsection 1 (a).
(11) At the conclusion of the evidentiary hearing, the Board of
Parole and Post-Prison Supervision will determine whether the offender should
be designated as a sexually violent dangerous offender. A finding that an
offender is a sexually violent dangerous offender may be made by two Board of
Parole and Post-Prison Supervision members, except in the case of an offender
who has been sentenced to life imprisonment or convicted of a crime involving
the death of a victim, pursuant to ORS 144.054.
(12) When an offender eligible for designation as a sexually
violent dangerous offender has waived the right to an evidentiary hearing, the
Board of Parole and Post-Prison Supervision will make the determination whether
to designate the offender a sexually violent dangerous offender based on all
the information in the record, including any psychological evaluations.
(13) A finding that an offender is a sexually violent dangerous
offender will be contained in the offender's original order of supervision or
an amended order of supervision.
(14) The community corrections agency supervising an offender
found to be a sexually violent dangerous offender shall subject the offender to
intensive supervision as defined in OAR 255-005-0005(26).
(15) Under this subsection, the term "offender" includes adults
in custody.
Notes
Statutory/Other Authority: ORS 144.637
Statutes/Other Implemented: ORS 144.637 & ORS 144.635
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