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, ORS 144.627, ORS 179.040, ORS 423.020,
ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 144.625, ORS 144.627, ORS 179.040, ORS
423.020, ORS 423.030 & ORS 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 Practitioner: 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) 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, ORS 144.627, ORS 179.040, ORS 423.020,
ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS
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
291-202-0030
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, ORS 144.627, ORS 179.040, ORS 423.020,
ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 144.625, ORS 144.627, ORS 179.040, ORS
423.020, ORS 423.030 & ORS 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, ORS 144.644, ORS 144.646, ORS 179.040, ORS
423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 144.642, ORS 144.644, ORS 144.646, ORS
179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 12-2002, f. & cert. ef. 8-1-02
Alphabetical Index of Agencies
Numerical Index of Agencies by OAR Chapter
Search the Text of the OAR
Questions about Administrative Rules?
Return to Oregon State Archives Home Page