Or. Admin. R. 255-085-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 255-085-0010 - Definitions

The following definitions apply to this Division:

(1) "Adult male registrant" means a male registrant who was at least 18 years of age when he committed the sex crime.

(2) "Board registered victim" means a Victim, as defined in OAR 255-005-0005, who is registered with the Board.

(3) "Category B registrant" means a person of any gender or age at the time of sex 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" used to administer the Static-99R and listed on the Board's website and is also a sex crime for which reporting is required.

(5) "Child abuse offense" means an offense for any of the following which includes but is not limited to: abandonment of a child; child neglect in the first degree; child neglect in the second degree; endangering the welfare of a child; abandonment of a child; child sexual abuse; or assault of a child.

(6) "Classifying Agency" means any Oregon state or local government agency that performs risk assessments on sex offenders including community corrections, the Department of Corrections and the Board of Parole. ORS 163A.105 directs what agency is responsible for each population.

(7) "Existing registrant" means a registrant for whom the event triggering the obligation to make an initial report under ORS 163A.010(3)(a)(A), 163A.015(4)(a)(A) or 163A.020(1)(a)(A), (2)(a)(A) or (3)(a)(A) occurred before January 1, 2014.

(8) "Failed to participate" means the registrant has been out of compliance with ORS 163A.010-020 for more than 90 days; or a letter sent to the registrant's latest address in the Oregon sex offender registry is returned "undeliverable"; or the registrant does not return a request for information from a classifying agency.

(9) "Female registrant" means a female registrant, regardless of her age when she committed the sex crime.

(10) "Other registrant" means a registrant who is not an adult male registrant. Other Registrant includes: female registrants; Category B registrants; and young male registrants.

(11) "Person Crime" means "Person Felonies" and "Person Class A misdemeanors" as defined in OAR 213-003-0001.

(12) "Registrant" means a person convicted of a sex crime and required to register as a sex offender or found guilty except for insanity of a sex crime and required to register as a sex offender under ORS Chapter 163A.

(13) "Risk assessment" means a sex offense-specific assessment of the person's risk to sexually reoffend, using the risk assessment methodology in OAR 255-085-0020.

(14) "Sex crime" means a crime described in ORS 163A.005(5) and (6).

(15) "Supervisory Authority" has the definition in OAR 255-005-0005.

(16) "Young male registrant" means a male registrant who was 17 years of age or younger when he committed the sex crime offense.

Or. Admin. R. 255-085-0010

PAR 3-2015(Temp), f. & cert. ef. 8-27-15 thru 2-19-16; PAR 1-2016, f. & cert. ef. 1/27/2016; PAR 5-2016(Temp), f. 12-28-16, cert. ef. 1-3-17 thru 7-1-17; PAR 1-2017(Temp), f. & cert. ef. 3-21-17 thru 9-16-17; PAR 5-2017(Temp), f. 6-30-17, cert. ef. 7-1-17 thru 12-27-17; PAR 6-2017, amend filed 12/20/2017, effective 12/20/2017; PAR 1-2020, amend filed 01/10/2020, effective 1/10/2020; PAR 1-2023, amend filed 08/01/2023, effective 8/1/2023

Statutory/Other Authority: ORS 163A.100, ORS 163A.115, ORS 163A.105, ORS 163A.110 & ORS 163A.125

Statutes/Other Implemented: ORS 163A.100, ORS 163A.115, HB 2320 (2015), SB 767 (2017), ORS 163A.105, ORS 163A.110, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws (2015) & ORS 163A.125