Bill Text: OR SB63 | 2011 | Regular Session | Enrolled
Bill Title: Relating to release from imprisonment; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-07 - Effective date, June 7, 2011. [SB63 Detail]
Download: Oregon-2011-SB63-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 63
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for State Board of Parole and Post-Prison Supervision)
CHAPTER ................
AN ACT
Relating to release from imprisonment; amending ORS 144.102,
144.270, 144.642 and 144.644; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 144.102 is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions { - shall - } { + must + } be given
to the person upon release from prison or jail.
(2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
(b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
(c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
(d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation. The board or supervisory authority may not order
a person to pay a fee in excess of $5 under this paragraph.
{ - (i) - } { + (3) + } If { + the person is + } required
to report as a sex offender under ORS 181.595, { + the board or
Enrolled Senate Bill 63 (SB 63-A) Page 1
supervisory authority shall include as a condition of post-prison
supervision that the person + } report with the Department of
State Police, a city police department, a county sheriff's office
or the supervising agency:
{ - (A) - } { + (a) + } When supervision begins;
{ - (B) - } { + (b) + } Within 10 days of a change in
residence;
{ - (C) - } { + (c) + } Once each year within 10 days of
the person's date of birth;
{ - (D) - } { + (d) + } Within 10 days of the first day the
person works at, carries on a vocation at or attends an
institution of higher education; and
{ - (E) - } { + (e) + } Within 10 days of a change in work,
vocation or attendance status at an institution of higher
education.
{ - (3)(a) - } { + (4)(a) + } The board or supervisory
authority may establish special conditions { - as - }
{ + that + } the board or supervisory authority
{ - determines - } { + considers + } necessary because of the
individual circumstances of the person on post-prison
supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with { - any - } { + a + } curfew
set by the board, the supervisory authority or the supervising
officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under
18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use
primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
(G) A prohibition against { - any - } { + direct or
indirect + } contact with the victim, { - directly or
indirectly, - } unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing { - any - }
sexually stimulating visual or auditory materials that are
relevant to the person's deviant behavior.
Enrolled Senate Bill 63 (SB 63-A) Page 2
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(M) A prohibition against residing in { - any - } { + a + }
dwelling in which another sex offender who is on probation,
parole or post-prison supervision resides unless approved by the
board, supervisory authority or supervising officer, or in which
more than one other sex offender who is on probation, parole or
post-prison supervision resides unless approved by the board or
the director of the supervisory authority, or a designee of the
board or director. As soon as practicable, the supervising
officer of a person subject to the requirements of this
subparagraph shall review the person's living arrangement with
the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and
community safety. { - As used in this subparagraph: - }
{ - (i) 'Dwelling' has the meaning given that term in ORS
469.160. - }
{ - (ii) 'Dwelling' does not include a residential treatment
facility or a halfway house. - }
{ - (iii) 'Halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders. - }
(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of
the person's post-prison supervision that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection { - (6) - } { + (7) + } of this section;
(ii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the
commission of the crime;
(iii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would
be materially significant in aiding in the rehabilitation of the
person or in the success of the post-prison supervision; or
(iv) The person resides in a halfway house. { - As used in
this sub-subparagraph, 'halfway house' means a publicly or
privately operated profit or nonprofit residential facility that
Enrolled Senate Bill 63 (SB 63-A) Page 3
provides rehabilitative care and treatment for sex offenders. - }
(B) A victim may request imposition of the special condition of
post-prison supervision described in this paragraph at the time
of sentencing in person or through the prosecuting attorney. A
victim's request may be included in the judgment document.
(C) If the board or supervisory authority imposes the special
condition of post-prison supervision described in this paragraph
and if at any time during the period of post-prison supervision
the victim moves to within three miles of the person's residence,
the board or supervisory authority may not require the person to
change the person's residence in order to comply with the special
condition of post-prison supervision.
{ - (4)(a) - } { + (5)(a) + } The board or supervisory
authority may require the person to pay, as a condition of
post-prison supervision, { - any - } compensatory fines,
restitution or attorney fees:
(A) As determined, imposed or required by the sentencing court;
or
(B) When previously required as a condition of any type of
supervision that is later revoked.
(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
(A) Was ordered to pay restitution as a result of another
conviction; and
(B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
{ - (5) - } { + (6) + } A person's failure to apply for or
accept employment at { - any - } { + a + } workplace where
there is a labor dispute in progress does not constitute a
violation of the conditions of post-prison supervision. { - As
used in this subsection, 'labor dispute' has the meaning given
that term in ORS 662.010. - }
{ - (6)(a) - } { + (7)(a) + } When a person is released
from imprisonment on post-prison supervision, the board shall
order { - , - } as a condition of post-prison supervision
{ - , - } that the person reside for the first six months after
release in the county { - where the person resided - }
{ + that last supervised the person, if the person was on active
supervision as an adult for a felony + } at the time of the
offense that resulted in the imprisonment.
{ - (b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met: - }
{ - (A) The person provides proof of employment with no set
ending date in a county other than the established county of
residence; - }
{ - (B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence; - }
{ - (C) The person has a spouse or biological or adoptive
family residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision; - }
Enrolled Senate Bill 63 (SB 63-A) Page 4
{ - (D) As another condition of post-prison supervision, the
person is required to participate in a treatment program that is
not available in the established county of residence; - }
{ - (E) The person desires to be released to another state;
or - }
{ - (F) The board finds other good cause, of a nature similar
to the other conditions listed in this paragraph, for the
waiver. - }
{ + (b) If the person was not on active supervision as an
adult for a felony at the time of the offense that resulted in
the imprisonment, the board shall order as a condition of
post-prison supervision that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment. + }
(c) { + For purposes of paragraph (b) of this subsection: + }
(A) The board shall determine the county where the person
resided at the time of the offense by { - establishing the
person's last address at the time of the offense. In making its
determination, the board shall examine all of the following - }
{ + examining records such as + }:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - bureau of criminal identification - } ;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) { - When - } { + If + } the person did not have an
identifiable address
{ - of record - } at the time of the offense, { + or the
address cannot be determined, + } the person is considered to
have resided in the county where the offense occurred.
(C) If the person is serving multiple sentences, the county of
residence { - shall be - } { + is + } determined according to
the date of the last arrest resulting in a conviction.
(D) In determining the person's county of residence { - for
purposes of this subsection - } , the board may not consider
offenses committed by the person while the person was
incarcerated in a Department of Corrections facility.
{ + (d) Upon motion of the board, the supervisory authority,
the person, a victim or a district attorney, the board may waive
the residency condition under paragraph (b) of this subsection
only after making a finding that one of the following conditions
has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the county of residence determined
under subsection (c) of this section;
(B) The person is found to pose a significant danger to a
victim of the person's crime residing in the county of residence,
or a victim or victim's family residing in the county of
residence is found to pose a significant danger to the person;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the county of residence who will
be materially significant in aiding in the rehabilitation of the
person and in the success of the post-prison supervision;
(D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the county of residence;
(E) The person requests release to another state; or
(F) The board finds other good cause for the waiver. + }
Enrolled Senate Bill 63 (SB 63-A) Page 5
{ - (7) - } { + (8) + } As used in this section { - , - }
{ + :
(a) + } 'Attends,' { + ' carries on a vocation,' + }
'institution of higher education { - , - } ' { + and + }
'works' { - and 'carries on a vocation' - } have the meanings
given those terms in ORS 181.594.
{ + (b)(A) 'Dwelling' has the meaning given that term in ORS
469.160.
(B) 'Dwelling' does not mean a residential treatment facility
or a halfway house.
(c) 'Halfway house' means a residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Labor dispute' has the meaning given that term in ORS
662.010. + }
SECTION 2. ORS 144.270 is amended to read:
144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole { - and - } { + . + } A
copy of { - such - } { + the + } conditions { - shall - }
{ + must + } be given to the person paroled.
(2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the { - parolee shall - } { + person paroled must + }:
(a) Accept the parole granted subject to all terms and
conditions specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole
officer.
(d) Report to the parole officer as directed by the board or
parole officer.
(e) Not own, possess or be in control of { - any - }
{ + a + } weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the { - parolee, or in the best interest - }
{ + person paroled or + } of society.
{ + (3) If the person paroled is required to report as a sex
offender under ORS 181.595, the board shall include as a
condition of parole that the person report with the Department of
State Police, a city police department, a county sheriff's office
or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the person's date of
birth;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education. + }
{ - (3)(a) - } { + (4)(a) + } The board may establish
{ - such - } special conditions { - as it determines are - }
{ + that it considers + } necessary because of the individual
circumstances of the { - parolee - } { + person paroled + }.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
Enrolled Senate Bill 63 (SB 63-A) Page 6
(A) Agreement to comply with { - any - } { + a + } curfew
set by the board or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board or supervising
officer, at a place where persons under 18 years of age regularly
congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board or supervising officer, at,
or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons
under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
(G) A prohibition against { - any - } { + direct or
indirect + } contact with the victim, { - directly or
indirectly, - } unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing { - any - }
sexually stimulating visual or auditory materials that are
relevant to the person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(M) A prohibition against residing in { - any - } { + a + }
dwelling in which another sex offender who is on probation,
parole or post-prison supervision resides unless approved by the
board or supervising officer, or in which more than one other sex
offender who is on probation, parole or post-prison supervision
resides unless approved by the board or a designee of the board.
As soon as practicable, the supervising officer of a person
subject to the requirements of this subparagraph shall review the
person's living arrangement with the person's sex offender
treatment provider to ensure that the arrangement supports the
goals of offender rehabilitation and community safety. { - As
used in this subparagraph: - }
Enrolled Senate Bill 63 (SB 63-A) Page 7
{ - (i) 'Dwelling' has the meaning given that term in ORS
469.160. - }
{ - (ii) 'Dwelling' does not include a residential treatment
facility or a halfway house. - }
{ - (iii) 'Halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders. - }
(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, or an assault, as defined in
ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special
condition of the person's parole that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection { - (5) - } { + (6) + } of this section;
(ii) The person demonstrates to the board by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the parole; or
(iv) The person resides in a halfway house. { - As used in
this sub-subparagraph, 'halfway house' means a publicly or
privately operated profit or nonprofit residential facility that
provides rehabilitative care and treatment for sex offenders. - }
(B) A victim may request imposition of the special condition of
parole described in this paragraph at the time of sentencing in
person or through the prosecuting attorney. A victim's request
may be included in the judgment document.
(C) If the board imposes the special condition of parole
described in this paragraph and if at any time during the period
of parole the victim moves to within three miles of the parolee's
residence, the board may not require the parolee to change the
parolee's residence in order to comply with the special condition
of parole.
{ - (4) - } { + (5) + } It is not a cause for revocation of
parole that the
{ - parolee - } { + person paroled + } failed to apply for or
accept employment at { - any - } { + a + } workplace where
there is a labor dispute in progress.
{ - As used in this subsection, 'labor dispute' has the meaning
given that term in ORS 662.010. - }
{ - (5)(a) - } { + (6)(a) + } When the board grants
{ - an inmate - } { + a person + } parole from the custody of
the Department of Corrections, the board shall order, as a
condition of parole, that the { - inmate - } { + person + }
reside for the first six months in the county { - where the
inmate resided - } { + that last supervised the person, if the
person was on active supervision as an adult for a felony + } at
the time of the offense that resulted in the imprisonment.
{ - (b) Upon motion of the board, an inmate, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met: - }
Enrolled Senate Bill 63 (SB 63-A) Page 8
{ - (A) The inmate provides proof of a job with no set ending
date in a county other than the established county of
residence; - }
{ - (B) The inmate is found to pose a significant danger to
the victim of the offender's crime, or the victim or victim's
family is found to pose a significant danger to the inmate
residing in the county of residence; - }
{ - (C) The inmate has a spouse or biological or adoptive
family residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole; - }
{ - (D) As another condition of parole, the inmate is
required to participate in a treatment program that is not
available or located in the county of residence; - }
{ - (E) The inmate desires to be paroled to another state;
or - }
{ - (F) The board finds other good cause, of a nature similar
to the other conditions listed in this paragraph, for the
waiver. - }
{ + (b) If the person paroled was not on active supervision
as an adult for a felony at the time of the offense that resulted
in the imprisonment, the board shall order as a condition of
parole that the person reside for the first six months in the
county where the person resided at the time of the offense that
resulted in the imprisonment. + }
(c) { - (A) - } For purposes of { + paragraph (b) of
+ }this subsection { - , ' residency' means the last address at
the time of the offense, as established by an examination of all
of the following - } :
{ + (A) The board shall determine the county where the person
resided at the time of the offense by examining records such
as: + }
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - bureau of criminal identification - } ;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) { - When an inmate - } { + If the person + } did not
have { - one - } { + an + } identifiable address { - of
record - } at the time of the offense, { + or the address
cannot be determined, + } the { - inmate shall be - }
{ + person is + } considered to have resided in the county where
the offense occurred.
(C) If the { - inmate - } { + person + } is serving
multiple sentences, the county of residence { - shall be - }
{ + is + } determined according to the date of the last arrest
resulting in a conviction.
(D) If the { - inmate - } { + person + } is being
rereleased after revocation of parole, the county of residence
shall be determined according to the date of the arrest resulting
in a conviction of the underlying offense.
(E) In determining the { - inmate's - } { + person's + }
county of residence, a conviction for an offense that the inmate
committed while incarcerated in a state corrections institution
may not be considered.
{ + (d) Upon motion of the board, the supervisory authority,
the person paroled, a victim or a district attorney, the board
may waive the residency condition under paragraph (b) of this
Enrolled Senate Bill 63 (SB 63-A) Page 9
subsection only after making a finding that one of the following
conditions has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the county of residence determined
under subsection (c) of this section;
(B) The person is found to pose a significant danger to a
victim of the person's crime residing in the county of residence,
or a victim or victim's family residing in the county of
residence is found to pose a significant danger to the person;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the county of residence who will
be materially significant in aiding in the rehabilitation of the
person and in the success of the parole;
(D) As another condition of parole, the person is required to
participate in a treatment program that is not available or
located in the county of residence;
(E) The person requests to be paroled to another state; or
(F) The board finds other good cause for the waiver. + }
{ - (6) When the board grants an inmate parole from the
custody of the Department of Corrections and if the inmate is
required to report as a sex offender under ORS 181.595, the
board, as a condition of parole, shall order the inmate to report
with the Department of State Police, a city police department, a
county sheriff's office or the supervising agency: - }
{ - (a) When supervision begins; - }
{ - (b) Within 10 days of a change in residence; - }
{ - (c) Once each year within 10 days of the inmate's date of
birth; - }
{ - (d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and - }
{ - (e) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education. - }
(7) As used in this section { - , - } { + :
(a) + } 'Attends,' { + ' carries on a vocation,' + }
'institution of higher education { - , - } ' { + and + }
'works' { - and 'carries on a vocation' - } have the meanings
given those terms in ORS 181.594.
{ + (b)(A) 'Dwelling' has the meaning given that term in ORS
469.160.
(B) 'Dwelling' does not mean a residential treatment facility
or a halfway house.
(c) 'Halfway house' means a residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Labor dispute' has the meaning given that term in ORS
662.010. + }
SECTION 3. ORS 144.642 is amended to read:
144.642. (1) The Department of Corrections, in consultation
with the State Board of Parole and Post-Prison Supervision and
community corrections agencies, shall adopt rules establishing
criteria to be considered in determining the permanent residence
requirements for a sex offender released on post-prison
supervision or parole. Transitional housing is not subject to
permanent residence requirements. The department shall include in
the rules:
(a) A general prohibition against allowing a sex offender to
reside near locations where children are the primary occupants or
users;
(b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized;
Enrolled Senate Bill 63 (SB 63-A) Page 10
(c) A prohibition against allowing a sex offender to reside in
any dwelling in which another sex offender on probation, parole
or post-prison supervision resides unless authorized as provided
in ORS 144.102 { - (3)(b)(M) - } { + (4)(b)(M) + }; and
(d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
(2) Based upon the rules adopted under subsection (1) of this
section, the department shall develop a decision matrix to be
used in determining the permanent residence requirements for a
sex offender.
SECTION 4. ORS 144.644 is amended to read:
144.644. (1) The State Board of Parole and Post-Prison
Supervision, in consultation with the Department of Corrections
and community corrections agencies, shall adopt rules
establishing criteria to be considered:
(a) In reviewing the proposed residence of a sex offender in a
release plan under ORS 144.096 or a parole plan under ORS
144.125; and
(b) In determining the residence of a sex offender in a release
plan under ORS 144.096, as a condition of post-prison supervision
under ORS 144.102 or as a condition of parole under ORS 144.270.
(2) The board shall include in the rules:
(a) A general prohibition against allowing a sex offender to
reside near locations where children are the primary occupants or
users;
(b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized;
(c) A prohibition against allowing a sex offender to reside in
any dwelling in which another sex offender on probation, parole
or post-prison supervision resides unless authorized as provided
in ORS 144.102 { - (3)(b)(M) - } { + (4)(b)(M) + }; and
(d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
(3) Based upon the rules adopted under subsections (1) and (2)
of this section, the board shall develop a decision matrix to be
used in determining the specific residence for a sex offender.
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled Senate Bill 63 (SB 63-A) Page 11
Passed by Senate March 24, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 25, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 63 (SB 63-A) Page 12
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 63 (SB 63-A) Page 13
