Or. Admin. Code § 291-202-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-202-0100 - Offenders Eligible for the 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 (1)(a) of this rule, who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subparagraph (1)(a) of this rule.

(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 (1)(a)(A) or (1)(a)(B) of this rule.

(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 AICs 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 AIC 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 AIC or offender to determine if the AIC's or offender's record reveals that the AIC 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 of Parole and Post-Prison Supervision staff determine that an AIC 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 AIC or offender is eligible for designation as a sexually violent dangerous offender.

Or. Admin. Code § 291-202-0100

DOC 1-2011, f. & cert. ef. 1-28-11; DOC 6-2024, amend filed 04/29/2024, effective 4/29/2024

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075