OAR 291-202-0040: Residence Requirements for Certain Sex Offenders Upon Release

(1) For purposes of this rule , a sex offender is defined as a person classified as a sexually violent dangerous offender (ORS 137.765) or a level three sex offender (ORS 163A.105). (2) A sex offender may not reside near locations where children are the primary occupants or users. ( 3 ) 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 level three sex offender for 45 days or less immediately after release from custody. ( 4 ) Exceptions to this prohibition may be made by the supervising county community corrections agency if it is determined that there is sufficient information to support this placement in terms of public safety and the rehabilitation of the sex offender. In making this determination, the following factors must be considered: (a) Other residential placement options pose a higher risk to the community; (b) An enhanced support system that endorses supervision goals and community safety efforts is available at this residence; (c) Enhanced supervision monitoring will be in place ( for example, electronic supervision, curfew, live-in care provider, along with community notification); (d) This residence includes 24-hour case management; or (e) The sex offender is being released from custody unexpectedly and more suitable housing will be arranged as soon as possible. (5 ) If a supervising county community corrections agency makes an exception under this rule, they must inform the community affected by this decision about the reasons for the decision prior to the release of the person from custody in accordance with ORS 163A.215 .