OAR 255-085-0005: Policy and Authority

(1) A classifying agency at initial classification and reassessment will assess the registrant’s risk as it was at the time of their release from their index offense. A classifying agency will not consider desistance when using the Static-99R instrument to assess an individual. If the Static-99R coding manual, Exhibit STATIC-99R, and Board rules conflict, Board rules prevail. (2) The Board is statutorily required to adopt rules to carry out the provisions of section 163A.105. These rules describe the processes that classifying agencies will follow when they perform risk assessments and classify sex offenders into notification levels.