OAR 255-060-0018: 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 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 offender convicted as a “dangerous offender” under ORS 161.725 and 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 offender to determine if the offender’s record reveals that the 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 offender has the qualifying conviction and history of sexual assault, the Board of Parole and Post-Prison Supervision will make a finding that the offender is eligible for designation as a sexually violent dangerous offender. (5) The Board may designate an offender as a sexually violent dangerous offender only if the 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. (6) An offender who has been identified as eligible for designation as a sexually violent dangerous offender designation will receive notice of the offender’s eligibility for designation and of the 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. (7) The Board of Parole and Post-Prison Supervision will provide the offender with a copy of the SVDO-1, Notice of Rights, prior to the evidentiary hearing. Upon receipt of the Notice of Rights the offender may request an evidentiary hearing or waive his or her right to the hearing. (8) 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. (9) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the offender. An offender may elect to waive the right to submit written objections. (10) The purposes of the evidentiary hearing are to: (a) Determine whether the offender meets the criteria of a sexually violent dangerous offender as defined in Subsection 1, and; (b) Determine if there is a substantial probability of offender’s committing one of the offenses listed in Subsection 1 (a). (11) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the offender should be designated as a sexually violent dangerous offender. A finding that an 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 offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054. (12) When an 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 offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations. (13) A finding that an offender is a sexually violent dangerous offender will be contained in the offender’s original order of supervision or an amended order of supervision. (14) The community corrections agency supervising an offender found to be a sexually violent dangerous offender shall subject the offender to intensive supervision as defined in OAR 255-005-0005(26). (15) Under this subsection, the term "offender" includes adults in custody.