Or. Admin. R. 255-087-0050 - Determination of Eligibility for Reclassification of Sex Offender Notification Level

Not every registrant is eligible for reclassification. The Board will determine eligibility before reviewing a petition for reclassification.

(1) Forms - Registrants requesting eligibility to petition shall use forms provided by the Board.

(2) Verification of eligibility - The Board will determine eligibility using the criteria in subsection (3) below.

(3) Eligibility Criteria

(a) Qualifications - Registrants who are classified a level three sex offender or level two sex offender and who live, work or go to school in Oregon, may petition the Board for reclassification:

(A) Ten years after the date supervision for the sex crime is terminated; or,

(B) if the person was not subject to supervision for the sex crime, ten years after the date the person was discharged from the jurisdiction of the court as provided in 163A.125(2)(e).

(b) Disqualifications- A registrant is not eligible for reclassification if the registrant:

(A) Was designated as a Sexually Violent Dangerous Offender (SVDO) under ORS 137.765.

(B) After being convicted of a sex crime that required registration, was found guilty of a subsequent person felony or Class A person misdemeanor as provided in ORS 163A.125.

(C) Was initially classified by the Psychiatric Security Review Board (PSRB). (Registrants classified by the PSRB should refer to the PSRB for more information.)

(D) Previously was given a reclassification from level 3 sex offender to level 2 sex offender as provided in ORS 163A.125.

(4) Decision - Once the Board determines that the registrant is eligible for reclassification, the Board will review the registrant's petition for reclassification.

Notes

Or. Admin. R. 255-087-0050

PAR 7-2018, adopt filed 11/19/2018, effective 12/1/2018

Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005

Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125