Or. Admin. R. 859-400-0005 - Definitions
(1) "Adult male
registrant" means a male who was convicted of a sex crime and required to
register as a sex offender or who was found guilty except for insanity of a sex
crime and required to register as a sex offender, and was at least 18 years of
age when he committed the offense.
(2) "BOPPPS" means the Oregon Board of Parole
and Post-Prison Supervision.
(3)
"Category B registrant" means a person of any sex or any age at the time of
crime commission who is required to register as a sex offender based only on a
conviction for a Category B sex crime.
(4) "Category B sex crime" means any type of
criminal offense within the scope of "Category B offenses" listed in the
Static-99 Coding Rules (Revised 2003). These include: consensual sex with other
adults in public places, crimes relating to child pornography, indecent
behavior without a sexual motive (urinating in public), offering prostitution
services, pimping/pandering, seeking/hiring prostitutes and solicitation of a
prostitute.
(5) "Conditional
Release" means an individual found GEI is under supervision of the PSRB living
in the community under a Conditional Release order.
(6) "Discharged" means an individual found
GEI is no longer under the supervision of the PSRB.
(7) "Female registrant" means a female who
was convicted of a sex crime and required to register as a sex offender or who
was found guilty except for insanity of a sex crime and required to register as
a sex offender, regardless of her age when she committed the offense.
(8) "Review Officer" means a person
designated by the Board to consider objections to a registrant's risk
assessment score and forward those recommendations to the Board.
(9) "OHA" means the Oregon Health
Authority.
(10) "Party" includes
the Department of Justice, petitioner, and district attorney from the county
where the sex offense most recently giving rise to the obligation to report as
a sex offender was adjudicated.
(11) "Person Class A misdemeanor" has the
meaning assigned to it under OAR 213-003-0001(15)
(12) "Person felony" has the meaning assigned
to it under OAR 213-003-0001(14).
(13) "Petitioner" refers to any person who
petitions for relief either from the obligation to register as a sex offender,
or for reclassification to a lower classification level under ORS
163A.125(1)(b),
(2)(b) or (2)(d).
(14) "PSRB" or "Board" means the Psychiatric
Security Review Board, including the members of both the Adult and Juvenile
Panels.
(15) "Public Interest" is
the interest in protecting society from harm and protecting an individual from
self-harm. "Public interest" also includes reducing the impact of crime on
victims' lives. "Public interest" does not include generalized fear of crime or
fear of people with mental illness.
(16) "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),
163A.020(1)(a)(A),
2(a)(A) or (3)(a)(A) has occurred.
(17) "Relief Hearing" is a hearing for
petitioners who request relief under ORS
163A.125 either from the obligation to register as a sex offender under ORS
163A.125(1)(b),
or for reclassification to a lower classification level under ORS
163A.125(2)(b)
or (2)(d).
(18) "Sex crime" has the definition contained
in ORS
163A.005(5).
(19) "Sex Offender Relief Panel" or "Panel."
Three members from the Board's Adult Panel, which hears and considers petitions
for relief either from the obligation to register as a sex offender, or for
reclassification to a lower classification level under ORS
163A.125(1)(b),
(2)(b) or (2)(d).
(20) "Victim" is the person or persons who
has suffered financial, social, psychological or physical harm as a result of
an offense and includes, in the case of a homicide or abuse of corpse in any
degree, a member of the immediate family of the decedent and, in the case of a
minor victim, the legal guardian of the minor. In no event shall the petitioner
be considered a victim.
(21) "Young
male registrant" means an offender who was convicted of a sex crime and
required to register as a sex offender or who was found guilty except for
insanity of a sex crime and required to register as a sex offender, and who was
17 years of age or younger when he committed the offense. "Young male
registrant" does not mean a person solely found responsible except for insanity
as a youth.
Notes
Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: 2013 OL, Ch. 708 (HB 2549), ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030 & 163A.200 - 210
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