Or. Admin. Code § 257-070-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 257-070-0100 - Registration Process for Registering Agencies

(1) The Department will provide a secure internet website to enable registering agencies to register sex offenders. Except as authorized under subsection (5) of this administrative rule, registering agencies shall use the Department's secure internet website to complete and forward to the Department an electronic sex offender registration form for each registerable sex offender. For purposes of this administrative rule, an electronic sex offender registration form is forwarded to the Department when the registering agency:

(a) Fully completes the sex offender registration form using the Department's secure internet website; and

(b) Submits the sex offender registration form to the Department by pressing the designated submission button.

(2) Registering agencies shall complete a separate sex offender registration form for each type of sex offender registration event required by law, which includes but is not limited to, initial registrations, annual registrations, changes of address, changes in employment, or changes in higher education facilities.

(3) Registering agencies shall submit separate electronic sex offender registration forms when simultaneous sex offender registration events occur (for example, if a registerable sex offender changes residence at the same time the registerable sex offender is also required to complete an annual sex offender registration form, the registering agency shall complete two separate electronic sex offender registration forms: one for the change of residence registration event and one for the annual registration event).

(4) When registering sex offenders, a registering agency's representative shall:

(a) Log in to the Department's secure internet website to complete and forward the sex offender registration form;

(b) Follow the instructions posted on the Department's secure internet website;

(c) Require registerable sex offenders to:

(A) Electronically complete the entire sex offender registration form;

(B) Electronically initial the sex offender registration form where required; and

(C) Provide an electronic signature.

(d) Ensure that the sex offender registration form is complete and accurate; and

(e) Upload the sex offender registration form and photograph(s) of the registerable sex offender, along with any required fingerprints, to the Department's secure website; and

(f) Electronically forward the sex offender registration form, photographs, and required fingerprints to the Department.

(5) Registering agencies shall electronically forward sex offender registration forms and related information to the Department unless a technical problem prevents access to the Department's secure internet website or the electronic transmission of the sex offender registration form and related materials to the Department. Registering agencies may only use a paper sex offender registration form if a technical problem exists that prevents a registering agency from electronically submitting a sex offender registration form and related materials to the Department. If a registering agency uses a paper sex offender registration form, the registering agency shall send a Law Enforcement Data System (LEDS) Administrative Message without delay, and shall submit the paper form to the Department within three (3) business days by regular mail. If an agency is unable to submit an Administrative Message via LEDS, the agency shall notify the Department by email. A paper sex offender registration form is submitted to the Department when the registering agency deposits the paper sex offender registration form, properly addressed and prepaid, into the U.S. Postal Service.

(6) In addition to electronically completing and submitting a sex offender registration form for each registerable sex offender registered, a registering agency during registration shall:

(a) Photograph the registerable sex offender. Registering agencies also may photograph any identifying scars, marks or tattoos physically present on the registerable sex offender, and include those photographs with the materials submitted to OSP SOR; and

(b) Fingerprint the registerable sex offender, unless the registerable sex offender's fingerprints already exist in the Department's record file. Registering agencies shall check LEDS for the registerable sex offender's record. If the registerable sex offender has not been fingerprinted, the registering agency shall fingerprint the registerable sex offender and send the fingerprints to the Department's Criminal Justice Information Services (CJIS) division within three (3) business days in a CJIS approved manner.

Or. Admin. Code § 257-070-0100

OSP 1-2016, f. & cert. ef. 3/7/2016; OSP 4-2024, minor correction filed 07/02/2024, effective 7/2/2024

Statutory/Other Authority: ORS 163A.035

Statutes/Other Implemented: ORS 163A.035