|1||At least 10 years have passed since the person was terminated from supervision on probation, conditional release, parole, or post-prison supervision|
|2||The person has only one conviction for a sex crime|
|3||The sex crime was a misdemeanor or Class C Felony, or if committed in another jurisdiction, would have been a misdemeanor or Class C Felony if committed in this state|
|4||The person has not been determined to be a predatory sex offender|
This law, however, was repealed January 1, 2017 and will be replaced by new requirements and procedures. The new law potentially will allow a broader range of convicted sex offenders to gain relief from the requirement they register as a sex offender. The new law will rely upon a classification system of sex offenders based upon a risk assessment tool consisting of 3 levels of sex offenders:
|1||A level one sex offender who presents the lowest risk of reoffending and requires a limited range of notification|
|2||A level two sex offender who presents a moderate risk of reoffending and requires a moderate range of notification|
|3||A level three sex offender who presents the highest risk of reoffending and requires the widest range of notification|
It is this classification system that then will help determine if, and when, a sex offender is eligible to get relief from registration.
However, certain crimes (including Rape 1, Sodomy 1, Unlawful Sexual Penetration 1, Kidnapping 1 when the victim is under 18, or Burglary 1 when committed with the intent to sex crimes listed in 181.805(5)(a)) require a Level 3 classification. A person classified as Level 3 will not be eligible for relief from registration.
In order to get relief from registration, a person must meet certain criteria:
|1||If classified as a Level 1 offender, the person may a petition for relief from registration no sooner than 5 years after the date supervision for the sex crimes is terminated. Or, if the person was not subject to supervision for the sex crime, 5 years after the date the person was discharged from the jurisdiction of the court; OR|
|2||A person reclassified from a Level 2 sex offender to Level 1 may file the petition no sooner than 5 years after the after the date of reclassification.|
Thus, if a person initially was classified as Level 1, the waiting period to petition for relief from registration is 5 years from the date supervision/jurisdiction of the court expired. If a person initially was classified as Level 2, the waiting period to petition for relief from registration is a minimum of 10 years from the date supervision/jurisdiction of the court expired.
Reclassification is the process in which a sex offender can petition the court to be reclassified from a Level 3 offender to a Level 3 offender or to be reclassified from a Level 2 offender to a Level 1 offender.
|1||If classified as a Level 3 offender, the person may a petition for reclassification to a Level 2 offender. This petition may be filed no sooner than 10 years after the date supervision terminated or, if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court.|
|2||If classified as a Level 2 offender, the person may a petition for reclassification to a Level 1 offender. This petition may be filed no sooner than 10 years after the date supervision terminated or, if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court.|
|3||A person who previously was reclassified from Level 3 to Level 2 may not be granted reclassification to Level 1|
There are several other requirements and conditions that might prevent a person from getting reclassified or being eligible for relief from registration.
The new law, ORS 163A.110, establishes the procedure the Board of Parole and Post-Prison Supervision will follow in order to classify registrants. Currently there are over 28,000 Oregonians registering as sex offenders. ORS 163A.110 instructs the Board to classify current registrants no later than December 1, 2018. No later than February 1, 2019, the Department of State Police shall enter the results ofthe classification into the Law Enforcement Data System. I consulted with a member of the Board of Parole and Post-Prison Supervision at the beginning of February 2018 and he informed me, based upon the timeline laid out above, the Board plans to begin accepting petitions for relief from registration on or soon after December 1, 2018 and to start holding relief from registration hearing by February 2019.
September 12, 2018 Update: I spoke with Board of Parole and Post-Prison Supervision today regarding what people currently registering need to do to get relief. The Board is still working on figuring out the best way to make sure everyone either gets classified or re-classified. This is a process that is taking time and is proving complicated. For people who have previously been classified based upon the Static 99 test, the Board will review that and criminal histories since the classification to determine if a reclassification is needed. If a person has not been classified at all, they will need to do so prior to applying for relief under the new law. The Board instructed me the best way for a person to check on their status will be to check to Board's website around mid-November to be able to check in to their status. You can visit the Board and Sex Offender Assessments website and contact to access more information and updates from the Board as well as their contact information.
The law on Sex Offender Registration and Relief from Registration is very complicated and someone seeking reclassification or relief from registration should contact a qualified Oregon attorney.