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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 202

CHEMICAL TREATMENT OF SEX OFFENDERS,
RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS

291-202-0010

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 144.625, 144.627, 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Establish a pilot program to study the feasibility and effectiveness of treating a limited number of sexual offenders (no more than 40 to 50 each year) with hormone or antiandrogen agents, such as medroxyprogesterone acetate, as provided in 1999 Or Laws, Chapter 435.

(b) Establish Department of Corrections policies and procedures relating to the implementation and enforcement of the pilot chemical treatment program.

(c) Establish criteria to be considered in determining the permanent residence requirements for certain sex offenders upon release.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Promote public safety by holding offenders accountable for their actions, and by seeking ways to reduce their risk of committing future criminal acts.

(b) Establish a pilot program for the evaluation and chemical treatment of a limited number of sexual offenders (no more than 40 to 50 each year) who are within six months of release on parole or post-prison supervision, and who are determined by the department to be most likely to benefit from chemical treatment upon their release.

Stat. Auth.: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00; DOC 19-2000, f. & cert. ef. 7-14-00; DOC 12-2002, f. & cert. ef. 8-1-02

291-202-0020

Definitions

(1) Chemical Treatment: The use of hormone or antiandrogen agents, such as medroxyprogesterone acetate, under the supervision of a physician, to reduce the sex drive of sexual offenders who are referred for treatment in accordance with these rules.

(2) Community Practitioner: A physician or other licensed medical practitioner who treats sexual offenders who are referred for chemical treatment in accordance with these rules.

(3) Consulting Physician: A physician or other licensed medical practitioner who, at the request of the Department of Corrections, evaluates sexual offenders for suitability for participation in the department’s pilot chemical treatment program.

(4) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(5) Offender: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision or probation status.

(6) Sex Crimes: Those sexual offenses listed in ORS 181.594(2), and public indecency as defined in ORS 163.465.

Stat. Auth.: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00; DOC 19-2000, f. & cert. ef. 7-14-00; DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0030

Procedures

(1) Evaluation Process:

(a) The Department of Corrections will screen inmates convicted of sex crimes who are eligible for release within six months on parole or post-prison supervision to determine their suitability for participation in the department's pilot chemical treatment program in accordance with these rules.

(b) The department may refer to a consulting practitioner for evaluation a limited number of inmates who satisfy the following criteria:

(A) Inmate has a current or past conviction of a sex crime;

(B) Inmate is within six months of release on parole or post-prison supervision; and

(C) Inmate's present incarceration is for a second conviction of a sex crime, inmate lacks intellectual capacity for impulse control, or inmate has demonstrated that he or she has excessive sex drive.

(c) The consulting practitioner will prepare and submit to the department's mental health administrator or designee, a report setting forth the practitioner's evaluation and recommendation concerning the inmate's suitability for chemical treatment upon release. The consulting practitioner's evaluation will typically include, at a minimum, a review of the inmate's corrections file, an interview with the inmate, the completion of a psychosocial history, and a diagnostic summary. The consulting practitioner may conclude that an inmate is not a suitable candidate for chemical treatment upon release, and provide to the department his or her report, without first completing a full evaluation of the inmate.

(d) Inmates who are determined by the department's mental health administrator or designee, in consultation with the consulting practitioner, to be suitable candidates for chemical treatment upon release will be informed of the effects of the chemical treatment, including any side effects that may result, and will acknowledge in writing, on a form drawn by the department, their receipt of this information.

(2) Referral to Community Physician for Chemical Treatment:

(a) The department will refer for chemical treatment a limited number of inmates (no more than 40 to 50 each year) who are determined by the department's mental health administrator or designee to be suitable candidates for chemical treatment upon their release in accordance with these rules.

(b) At the direction of the department's mental health administrator or designee, the consulting physician will make the direct referral of inmates to a community practitioner who will begin the chemical treatment upon the inmate's release.

(c) Upon referral, the inmate's assigned counselor will transmit all necessary information to the Board of Parole and Post-Prison Supervision and the supervising county community corrections agency.

(3) Monitoring Offender's Compliance With Chemical Treatment: The supervising county community corrections agency will adopt and implement the following procedures to monitor the offender's compliance with chemical treatment:

(a) A community practitioner providing chemical treatment to an offender upon a referral under these rules will promptly notify the offender's assigned parole officer of any failure by the offender to comply with the chemical treatment program;

(b) The community practitioner will oversee the administration of the chemical treatment and will maintain control of the medication between doses; and

(c) The community practitioner will test the offender's blood at least once every three months to monitor whether the offender is complying with the chemical treatment. The community practitioner will increase the frequency of testing when relapse warning signs are present.

Stat. Auth.: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.625, 144.627, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00; DOC 19-2000, f. & cert. ef. 7-14-00

291-202-0040

Residence Requirements for Certain Sex Offenders Upon Release

The criteria in sections (1) through (4) of this rule shall be considered in determining the residence requirements of certain sex offenders. (Reference Board of Parole and Post-Prison Supervision administrative rule OAR 255-060-0009.)

(1) A sex offender classified as a sexually violent dangerous offender (ORS 137.765) or a predatory sex offender (ORS 181.765) may not reside near locations where children are the primary occupants or users.

(2) This prohibition applies to permanent housing and not to transitional housing. For purposes of this rule, transitional housing means housing intended to be occupied by a sexually violent dangerous offender or a predatory sex offender for 45 days or less immediately after release from custody.

(3) Exceptions to this prohibition may be made by the supervising parole/probation officer if it is determined that there is sufficient information to support this placement in terms of public safety and the rehabilitation of the offender. In making this determination, the following factors must be considered:

(a) Other residential placement options pose a higher risk to the community; or

(b) An enhanced support system that endorses supervision goals and community safety efforts is available at this residence; or

(c) Enhanced supervision monitoring will be in place (e.g. electronic supervision, curfew, live-in-care provider, along with community notification); or

(d) This residence includes 24-hour case management; or

(e) The offender is being released from prison unexpectedly and more suitable housing will be arranged as soon as possible.

(f) If any of these factors apply to the offender and the residence under review, an exception to the permanent residence prohibition may be allowed.

(4) If a supervising officer makes an exception under this rule, the supervising officer must inform the community affected by this decision about the reasons for the decision prior to the offender's release from custody.

Stat. Auth.: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 12-2002, f. & cert. ef. 8-1-02

291-202-0100

Offenders Eligible for Sexually Violent Dangerous Offender Designation

(1) “Sexually violent dangerous offender” is a person who is being released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subparagraph (a) of this paragraph, who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the State Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subparagraph (a) of this paragraph.

(a) The offenses to which this rule applies are:

(A) Rape in the first degree and sodomy in the first degree if the victim was:

(i) Subjected to forcible compulsion by the person;

(ii) Under 12 years of age; or

(iii) Incapable of consent by reason of mental defect, mental incapacitation or physical helplessness;

(B) Unlawful sexual penetration in the first degree; and

(C) An attempt to commit a crime listed in (A) or (B) of this subparagraph.

(b) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that:

(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and

(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

(2) Every six months the Department of Corrections will provide the Board of Parole and Post-Prison Supervision with a list of inmates or offenders who have a history of sexual assault as defined in (1)(b) above, are serving a sentence of incarceration as a result of conviction for an offense listed in (1)(a) above, and who are within six months of release from custody.

(3) When any inmate or offender convicted as a “dangerous offender” under ORS 161.725 and ORS 161.735 is granted a firm release date by the Board of Parole and Post-Prison Supervision or is otherwise within six months of release from custody, Board of Parole and Post-Prison Supervision staff will screen the inmate or offender to determine if the inmate’s or offender’s record reveals that the inmate or offender was convicted of an offense listed in (1)(a) and has a history of sexual assault as described in (1)(b).

(4) If Board staff determines that an inmate or offender has the qualifying conviction and history of sexual assault, the Board of Parole and Post-Prison Supervision will make a finding that the inmate or offender is eligible for designation as a sexually violent dangerous offender.

Stat. Auth.: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0110

Sexually Violent Dangerous Offender Designation

(1) The Board may designate an inmate or offender as a sexually violent dangerous offender only if the inmate or offender:

(a) Participated in or refused to participate in a psychological evaluation ordered by the Board of Parole and Post-Prison Supervision; and,

(b) Requested an evidentiary hearing in accordance with these rules or waived entitlement to such a hearing.

(2) An inmate or offender who has been identified as eligible for designation as a sexually violent dangerous offender designation will receive notice of the inmate’s or offender’s eligibility for designation and of the inmate’s or offender’s right to request a hearing before the Board of Parole and Post-Prison Supervision to present evidence why the sexually violent dangerous offender finding should not be made.

(3) The Board of Parole and Post-Prison Supervision will provide the inmate or offender with a copy of the SVDO-1, Notice of Rights, prior to the evidentiary hearing. Upon receipt of the Notice of Rights the inmate or offender may request an evidentiary hearing or waive his or her right to the hearing.

(4) The Board of Parole and Post-Prison Supervision must receive and review the signed SVDO-1 Notice of Rights before an evidentiary hearing is conducted or waived to determine a SVDO finding. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing.

(5) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the inmate or offender. An inmate or offender may elect to waive the right to submit written objections.

Stat. Auth.: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0120

Sexually Violent Dangerous Offender Evidentiary Hearing

(1) The purposes of the evidentiary hearing are to:

(a) Determine whether the inmate or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) & (b), and;

(b) Determine if there is a substantial probability of inmate’s or offender’s committing one of the offenses listed in OAR 291-202-0100(1)(a).

(2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the inmate or offender should be designated as a sexually violent dangerous offender. A finding that an inmate or offender is a sexually violent dangerous offender may be made by two Board of Parole and Post-Prison Supervision members, except in the case of an inmate or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054.

(3) When an inmate or offender eligible for designation as a sexually violent dangerous offender has waived the right to an evidentiary hearing, the Board of Parole and Post-Prison Supervision will make the determination whether to designate the inmate or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.

(4) A finding that an inmate or offender is a sexually violent dangerous offender will be contained in the inmate’s or offender’s original order of supervision or an amended order of supervision.

Stat. Auth.: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

291-202-0130

Sexually Violent Dangerous Offender Community Supervision

The community corrections agency supervising an inmate or offender found to be a sexually violent dangerous offender shall subject the inmate or offender to intensive supervision as defined in OAR 255-005-0005(26).

Stat. Auth.: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Hist.: DOC 1-2011, f. & cert. ef. 1-28-11

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