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Oregon Bulletin

March 1, 2011

 

Department of Corrections
Chapter 291

Rule Caption: Adopting rules to establish procedures for identifying and supervising offenders deemed sexually violent and dangerous.

Adm. Order No.: DOC 1-2011

Filed with Sec. of State: 1-28-2011

Certified to be Effective: 1-28-11

Notice Publication Date: 12-1-2010

Rules Adopted: 291-202-0100, 291-202-0110, 291-202-0120, 291-202-0130

Rules Amended: 291-202-0020

Subject: These rules are necessary to comply with ORS 144.637, which requires the Department of Corrections and the Board of Parole and Post-Prison Supervision to jointly adopt rules establishing procedures for identifying sexually violent dangerous offenders and methods of intensive supervision for sexually violent dangerous offenders.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-202-0020

Definitions

(1) Chemical Treatment: The use of hormone or antiandrogen agents, such as medroxyprogesterone acetate, under the supervision of a physician, to reduce the sex drive of sexual offenders who are referred for treatment in accordance with these rules.

(2) Community Practitioner: A physician or other licensed medical practitioner who treats sexual offenders who are referred for chemical treatment in accordance with these rules.

(3) Consulting Physician: A physician or other licensed medical practitioner who, at the request of the Department of Corrections, evaluates sexual offenders for suitability for participation in the department’s pilot chemical treatment program.

(4) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(5) Offender: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision or probation status.

(6) Sex Crimes: Those sexual offenses listed in ORS 181.594(2), and public indecency as defined in ORS 163.465.

Stat. Auth.: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00; DOC 19-2000, f. & cert. ef. 7-14-00; DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0100

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 inmates or 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 inmate or offender convicted as a “dangerous offender” under ORS 161.725 and ORS 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 inmate or offender to determine if the inmate’s or offender’s record reveals that the inmate or 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 inmate or offender has the qualifying conviction and history of sexual assault, the Board of Parole and Post-Prison Supervision will make a finding that the inmate or offender is eligible for designation as a sexually violent dangerous offender.

Stat Auth: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Stats Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0110

Sexually Violent Dangerous Offender Designation

(1) The Board may designate an inmate or offender as a sexually violent dangerous offender only if the inmate or 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.

(2) An inmate or offender who has been identified as eligible for designation as a sexually violent dangerous offender designation will receive notice of the inmate’s or offender’s eligibility for designation and of the inmate’s or 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.

(3) The Board of Parole and Post-Prison Supervision will provide the inmate or offender with a copy of the SVDO-1, Notice of Rights, prior to the evidentiary hearing. Upon receipt of the Notice of Rights the inmate or offender may request an evidentiary hearing or waive his or her right to the hearing.

(4) 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.

(5) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the inmate or offender. An inmate or offender may elect to waive the right to submit written objections.

Stat Auth: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Stats Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0120

Sexually Violent Dangerous Offender Evidentiary Hearing

(1) The purposes of the evidentiary hearing are to:

(a) Determine whether the inmate or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) & (b), and;

(b) Determine if there is a substantial probability of inmate’s or offender’s committing one of the offenses listed in OAR 291-202-0100(1)(a).

(2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the inmate or offender should be designated as a sexually violent dangerous offender. A finding that an inmate or 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 inmate or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054.

(3) When an inmate or 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 inmate or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.

(4) A finding that an inmate or offender is a sexually violent dangerous offender will be contained in the inmate’s or offender’s original order of supervision or an amended order of supervision.

Stat Auth: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Stats Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0130

Sexually Violent Dangerous Offender Community Supervision

The community corrections agency supervising an inmate or offender found to be a sexually violent dangerous offender shall subject the inmate or offender to intensive supervision as defined in OAR 255-005-0005(26).

Stat Auth: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Stats Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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