OAR 255-085-0070: Procedure for certain sex offender registrants to be where persons under 18 congregate

(1) A registrant classified as a Notification Level 3 sex offender may request the Board for permission to be in or upon premises where persons under 18 years of age regularly congregate. The phrase “premises where persons under 18 years of age regularly congregates” has the meaning provided in ORS 163.476. Registrants who are currently on probation, post-prison supervision, or parole supervision must request permission to be in or upon premises where persons under 18 years of age regularly congregate from their supervisory authority or supervising officer, and not from the Board of Parole. (2) In a request to the Board under this section, the registrant must provide the following information: (a) A list of the specific premises (with addresses where applicable) the registrant wants permission to be in, upon, enter, or remain. (b) The specific reasons why the registrant is seeking permission to be in, upon, enter, or remain on the specific premises. (c) A prepared safety plan from the registrant which includes the following information: (A) The name of the premises (with addresses where applicable) the registrant is seeking permission to be in, upon, enter, or remain. (B) The dates and times the registrant is seeking permission to be in, upon, enter, or remain on the premises. If seeking permission that covers multiple days or times, the general days of the week and timeframe shall be included. (C) the specific steps the registrant will take to demonstrate the registrant can safely be upon, in, enter, or remain on the premises. (D) information on who the registrant proposes will chaperone the registrant’s conduct and compliance with the proposed safety plan; and (E) signatures of both the registrant and the proposed chaperone attesting to agreement to comply with the proposed safety plan. (3) A request that does not contain the information required or described in subsection (2) of this rule may be denied. (4) Upon reviewing a request that contains the necessary information specified in subsection (2) of this rule, the Board may, in its discretion, approve or deny the request, in part or in full. As a condition to approving any part of a request, the Board may include appropriate or necessary conditions, restrictions or limitations on the Board’s approval, the violation of which may result in withdrawal of the approval. The Board may grant, deny, or modify the request by signing the proposed safety plan, or by otherwise informing the registrant of the Board’s decision via other written notice. The Board may specify additional conditions the registrant is expected to comply with when granting a request under this rule. (5) An additional condition may include that the registrant shall keep the safety plan and approval letter on their person anytime they are in or upon specific premises where persons under 18 years of age regularly congregate that have been approved by the Board. (6) The Board, in its discretion, may withdraw or revoke any approval described in this rule at any time.