Oregon Bulletin
March 1, 2011
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.
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