Bill Text: OR SB648 | 2011 | Regular Session | Introduced

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Bill Title: Relating to sex offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB648 Detail]

Download: Oregon-2011-SB648-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2815

                         Senate Bill 648

Sponsored by Senator GIROD

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits sex offenders released on probation, parole or
post-prison supervision from residing in location where police
officer is not on duty at all times.

                        A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; and amending
  ORS 137.540, 144.102, 144.270, 144.642 and 144.644.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.540 is amended to read:
  137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
  (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  (b) Not use or possess controlled substances except pursuant to
a medical prescription.
  (c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
  (d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
  (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
  (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
  (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
  (h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
  (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
  (j) Obey all laws, municipal, county, state and federal.
  (k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
  (L) Not possess weapons, firearms or dangerous animals.
  (m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
  (A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
  (B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
  (C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
  (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
  (o) Report as required and abide by the direction of the
supervising officer.
  (p) If required to report as a sex offender under ORS 181.596,
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 probationer'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.
  (2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
  (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
  (b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
  (c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
  (3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside { + :
  (a) In any location where the local law enforcement agency
having jurisdiction does not have a police officer on duty at all
times.
  (b)  + }In any dwelling in which another sex offender who is on
probation, parole or post-prison supervision resides, without the
approval of the person's supervising parole and probation
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides, without the
approval of the director of the probation agency that is
supervising the person or of the county manager of the Department
of Corrections, or a designee of the director or manager. As soon
as practicable, the supervising parole and probation officer of a
person subject to the requirements of this subsection 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 subsection: - }
    { - (a) 'Dwelling' has the meaning given that term in ORS
469.160. - }
    { - (b) 'Dwelling' does not include a residential treatment
facility or a halfway house. - }
    { - (c) 'Halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders. - }
    { - (d) 'Sex offender' has the meaning given that term in ORS
181.594. - }
  (4)(a) If the person is released on probation 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 court, if requested by the
victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the
victim unless:
  (A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
  (B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
  (C) The person demonstrates to the court 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 probation; or
  (D) The person resides in a halfway house.   { - As used in
this 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
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
  (c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
  (5) When a person who is a sex offender  { - , as defined in
ORS 181.594, - }  is released on probation, the Department of
Corrections or the county community corrections agency, whichever
is appropriate, shall notify the city police department, if the
person is going to reside within a city, and the county sheriff's
office of the county in which the person is going to reside of
the person's release and the conditions of the person's release.
  (6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
  (7) The court may order that probation be supervised by the
court. If the court orders that probation be supervised by the
court, the defendant shall pay a fee of $100 to the court. Fees
imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the Judicial System
Surcharge Account. Fees imposed in a justice court under this
subsection shall be paid to the county treasurer. Fees imposed in
a municipal court under this subsection shall be paid to the city
treasurer.
  (8) The court may at any time modify the conditions of
probation.
  (9) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
  (10) It is not a cause for revocation of probation that the
probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress.   { - As
used in this subsection, 'labor dispute' has the meaning for that
term provided in ORS 662.010. - }
  (11) If the court determines that a defendant has violated the
terms of probation, the court shall impose a $25 assessment
against the defendant. The assessment becomes part of the
judgment and may be collected in the same manner as a fine.
Assessments imposed under this subsection in the circuit court
shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Assessments imposed in a justice court
under this subsection shall be paid to the county treasurer.
Assessments imposed in a municipal court under this subsection
shall be paid to the city treasurer.
  (12) As used in this section  { - , - }  { + :
  (a) + } 'Attends,' 'institution of higher education,'  { +  '
sex crime,' 'sex offender,' + } ' works' and 'carries on a
vocation ' have the meanings given those terms in ORS 181.594.
   { +  (b) 'Dwelling' has the meaning given that term in ORS
469.160. 'Dwelling' does not include a residential treatment
facility or halfway house.
  (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (d) 'Labor dispute' has the meaning given that term in ORS
662.010.
  (e) 'Police officer' has the meaning given that term in ORS
44.550. + }
  SECTION 2. ORS 137.540, as amended by section 23, chapter 659,
Oregon Laws 2009, is amended to read:
  137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
  (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
  (b) Not use or possess controlled substances except pursuant to
a medical prescription.
  (c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
  (d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
  (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
  (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
  (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
  (h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
  (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
  (j) Obey all laws, municipal, county, state and federal.
  (k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
  (L) Not possess weapons, firearms or dangerous animals.
  (m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
  (A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
  (B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
  (C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
  (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
  (o) Report as required and abide by the direction of the
supervising officer.
  (p) If required to report as a sex offender under ORS 181.596,
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 probationer'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.
  (2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
  (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.

  (b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
  (c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
  (3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside { + :
  (a) In any location where the local law enforcement agency
having jurisdiction does not have a police officer on duty at all
times.
  (b) + } In any dwelling in which another sex offender who is on
probation, parole or post-prison supervision resides, without the
approval of the person's supervising parole and probation
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides, without the
approval of the director of the probation agency that is
supervising the person or of the county manager of the Department
of Corrections, or a designee of the director or manager. As soon
as practicable, the supervising parole and probation officer of a
person subject to the requirements of this subsection 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 subsection: - }
    { - (a) 'Dwelling' has the meaning given that term in ORS
469.160. - }
    { - (b) 'Dwelling' does not include a residential treatment
facility or a halfway house. - }
    { - (c) 'Halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders. - }
    { - (d) 'Sex offender' has the meaning given that term in ORS
181.594. - }
  (4)(a) If the person is released on probation 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 court, if requested by the
victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the
victim unless:
  (A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
  (B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
  (C) The person demonstrates to the court 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 probation; or
  (D) The person resides in a halfway house.   { - As used in
this 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
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
  (c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
  (5) When a person who is a sex offender  { - , as defined in
ORS 181.594, - }  is released on probation, the Department of
Corrections or the county community corrections agency, whichever
is appropriate, shall notify the city police department, if the
person is going to reside within a city, and the county sheriff's
office of the county in which the person is going to reside of
the person's release and the conditions of the person's release.
  (6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
  (7) The court may at any time modify the conditions of
probation.
  (8) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
  (9) It is not a cause for revocation of probation that the
probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress.   { - As
used in this subsection, 'labor dispute' has the meaning for that
term provided in ORS 662.010. - }
  (10) As used in this section  { - , - }  { + :
  (a) + } 'Attends,' 'institution of higher education,'  { +  '
sex crime,' 'sex offender,' + } ' works' and 'carries on a
vocation ' have the meanings given those terms in ORS 181.594.
   { +  (b) 'Dwelling' has the meaning given that term in ORS
469.160. 'Dwelling' does not include a residential treatment
facility or halfway house.
  (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (d) 'Labor dispute' has the meaning given that term in ORS
662.010.
  (e) 'Police officer' has the meaning given that term in ORS
44.550. + }
  SECTION 3. 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 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) If required to report as a sex offender under ORS 181.595,
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) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines
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 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 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.
  (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 location where
the local law enforcement agency having jurisdiction does not
have a police officer on duty at all times. + }
    { - (M) - }  { +  (N) + } A prohibition against residing in
any 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) 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
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) 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) A person's failure to apply for or accept employment at any
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) 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 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;
  (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.
  (c)(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:
  (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 the person did not have an identifiable address of
record at the time of the offense, 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 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.
  (7) As used in this section  { - , - }  { + :
  (a) + } 'Attends,' 'institution of higher education,'  { +  '
sex crime,' 'sex offender,' + } ' works' and 'carries on a
vocation ' have the meanings given those terms in ORS 181.594.
   { +  (b) 'Dwelling' has the meaning given that term in ORS
469.160. 'Dwelling' does not include a residential treatment
facility or halfway house.
  (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (d) 'Labor dispute' has the meaning given that term in ORS
662.010.
  (e) 'Police officer' has the meaning given that term in ORS
44.550. + }
  SECTION 4. 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
conditions shall 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:
  (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 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 of society.
  (3)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances
of the parolee.
  (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:
  (A) Agreement to comply with any 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 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 location where
the local law enforcement agency having jurisdiction does not
have a police officer on duty at all times. + }
    { - (M) - }  { +  (N) + } A prohibition against residing in
any 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: - }
    { - (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) 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) It is not a cause for revocation of parole that the parolee
failed to apply for or accept employment at any 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) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided 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:
  (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.
  (c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all of the following:
  (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 did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
  (C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
  (D) If the inmate 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 county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
  (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,' 'institution of higher education,'  { +  '
sex crime,' 'sex offender,' + } ' works' and 'carries on a
vocation ' have the meanings given those terms in ORS 181.594.
   { +  (b) 'Dwelling' has the meaning given that term in ORS
469.160. 'Dwelling' does not include a residential treatment
facility or halfway house.
  (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (d) 'Labor dispute' has the meaning given that term in ORS
662.010.
  (e) 'Police officer' has the meaning given that term in ORS
44.550. + }
  SECTION 5. 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;
  (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) - }  { +  (3)(b)(N) + }; 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 6. 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) - }  { +  (3)(b)(N) + }; 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 7. { +  The amendments to ORS 137.540, 144.102,
144.270, 144.642 and 144.644 by sections 1 to 6 of this 2011 Act
apply to persons convicted of a crime committed on or after the
effective date of this 2011 Act. + }
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