163A.105 When risk assessments performed; classification into risk level; review; rules. (1) When a person convicted of a crime described in ORS 163.355 to 163.427 is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100. The board shall apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 before the person is released from custody.
(2) When a person convicted of a sex crime is sentenced to a term of incarceration in a jail, or is discharged, released or placed on probation by the court, the supervisory authority as defined in ORS 144.087 shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 no later than 90 days after the person is released from jail or discharged, released or placed on probation by the court.
(3)(a) When a person is found guilty except for insanity of a sex crime, the Psychiatric Security Review Board shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 no later than 90 days after the person is:
(A) Placed on conditional release by the Psychiatric Security Review Board;
(B) Discharged from the jurisdiction of the Psychiatric Security Review Board;
(C) Placed on conditional release by the court pursuant to ORS 161.327; or
(D) Discharged by the court pursuant to ORS 161.329.
(b) If the State Board of Parole and Post-Prison Super
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163A — Sex Offender Reporting and Classification
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
SEX OFFENDERS
CRIMES AND PUNISHMENTS
REPORTING
CLASSIFICATION
Note Existing registrants--2013 c.708 §7
RECLASSIFICATION AND RELIEF FROM REPORTING
PROVISION OF RECORDS BY AGENCIES
RELEASE OF INFORMATION
REPORTING
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Stable record: oregon_criminal_law:legal_authorities:163A.105 Source file: ors163a.html Pages: Not recorded – Not recorded Passage SHA-256: 6a99c7ccfb1e8346f3a9cd31254e4214936867e6cfc4c1d90da20105573ba129 Retained source evidence SHA-256: b0804c767ec158b9bde64c3614e82d87881fcbd447960c8e59265801f0dd03ea
Source location: ORS 163A.105 (all printed versions and notes)
Stored source content
163A.105 When risk assessments performed; classification into risk level; review; rules. (1) When a person convicted of a crime described in ORS 163.355 to 163.427 is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100. The board shall apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 before the person is released from custody.
(2) When a person convicted of a sex crime is sentenced to a term of incarceration in a jail, or is discharged, released or placed on probation by the court, the supervisory authority as defined in ORS 144.087 shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 no later than 90 days after the person is released from jail or discharged, released or placed on probation by the court.
(3)(a) When a person is found guilty except for insanity of a sex crime, the Psychiatric Security Review Board shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 no later than 90 days after the person is:
(A) Placed on conditional release by the Psychiatric Security Review Board;
(B) Discharged from the jurisdiction of the Psychiatric Security Review Board;
(C) Placed on conditional release by the court pursuant to ORS 161.327; or
(D) Discharged by the court pursuant to ORS 161.329.
(b) If the State Board of Parole and Post-Prison Supervision previously completed a risk assessment and assigned a classification level described in ORS 163A.100 for a person described in paragraph (a) of this subsection, the Psychiatric Security Review Board need not complete a reassessment for an initial classification.
(c) The court shall notify the Psychiatric Security Review Board when the court conditionally releases or discharges a person described in paragraph (a) of this subsection.
(d) The Psychiatric Security Review Board shall notify the State Board of Parole and Post-Prison Supervision no later than seven days after the Psychiatric Security Review Board conditionally releases or discharges a person who has a prior sex crime conviction that obligates the person to report as a sex offender, unless the person has also been found guilty except for insanity of a sex crime that obligates the person to report as a sex offender.
(4)(a) Within 90 days after receiving notice of a person’s obligation to report in this state from the Department of State Police, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 if the person has been convicted in another United States court of a crime:
(A) That would constitute a sex crime if committed in this state; or
(B) For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state.
(b) If a person has been convicted of a sex crime and was sentenced to a term of imprisonment in a Department of Corrections institution for that sex crime, but was not subjected to a risk assessment utilizing the risk assessment methodology described in ORS 163A.100 before release under subsection (1) of this section, within 90 days after the person’s release the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100.
(5) When the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority applies the results of a risk assessment to place a person in one of the levels described in ORS 163A.100, the agency shall notify the Department of State Police of the results of the risk assessment within three business days after the agency’s classification. Upon receipt, the Department of State Police shall enter the results of the risk assessment into the Law Enforcement Data System.
(6) The State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority may reassess or reclassify a person placed in one of the levels described in ORS 163A.100 under this section if:
(a) The classifying board or authority determines that a factual mistake caused an erroneous assessment or classification; or
(b) The person has committed a sexually motivated rule violation while in custody, has committed a sexually motivated violation of a condition of probation, parole or post-prison supervision or has been arrested for or charged with a sex crime.
(7)(a) A person classified under this section as a level two or level three sex offender as described in ORS 163A.100 may petition the classifying board or authority for review. Except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.
(b) When good cause is shown, the time for filing a petition under this subsection may not be extended more than 60 days beyond the date of the person’s next annual report under ORS 163A.010, 163A.015 or 163A.020.
(c) Upon receipt of a petition described in this subsection, the classifying board or authority shall afford the person an opportunity to be heard as to all factual questions related to the classification.
(d) After providing the person with notice and an opportunity to be heard in accordance with this subsection, the board or authority shall classify the person in accordance with the classifications described in ORS 163A.100, based on all of the information available to the classifying board or authority.
(e) As used in this subsection, “good cause” means that, due to a person’s transience, lack of housing, ongoing mental health concerns or other similar circumstances, a notice mailed to the person under paragraph (a) of this subsection was not received by the person.
(8)(a) If the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority does not classify a person under ORS 163A.100 because the person has failed or refused to participate in a sex offender risk assessment as directed by the board or authority, the classifying board or authority shall classify the person as a level three sex offender under ORS 163A.100 (3).
(b) If a person classified as a level three sex offender under this subsection notifies the classifying board or authority of the willingness to participate in a sex offender risk assessment, the classifying board or authority shall perform the assessment and classify the person in one of the levels described in ORS 163A.100.
(9) The State Board of Parole and Post-Prison Supervision and the Psychiatric Security Review Board may adopt rules to carry out the provisions of this section. [Formerly 181.801; 2017 c.442 §30; 2017 c.488 §2; 2019 c.430 §19; 2025 c.187 §2]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.327 Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules. (1) After the defendant is found guilty except for insanity pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that a person found guilty except for insanity of a felony is affected by a qualifying mental disorder and presents a substantial danger to others, the court shall order as follows:
(a) If the court finds that the person is not a proper subject for conditional release, the court shall order the person committed to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility for custody, care and treatment. When the court orders a person committed under this paragraph, the court shall place the person under the jurisdiction of the Psychiatric Security Review Board.
(b) If the court finds that the person can be adequately controlled with supervision and treatment if conditionally released and that necessary supervision and treatment are available, the court shall order the person conditionally released.
(2)(a) If a party intends to request conditional release under this section, the party shall, as soon as practicable, notify the opposing party, the court and the board of the request. The party requesting conditional release shall make every effort to provide the notification in a manner that allows sufficient time to carry out the provisions described in this subsection before the court determination on conditional release.
(b) Upon receipt of a request for conditional release under this section:
(A) If the most serious offense in the charging instrument is a Class C felony, the court shall order that a local mental health program designated by
161.329 Order of discharge. After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order that the person be discharged from custody if:
(1) The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or
(2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and
(b) The court finds that the person does not present a substantial danger to others that requires commitment. [1971 c.743 §45; 1977 c.380 §6; 1981 c.711 §4; 2011 c.724 §5; 2017 c.634 §9; 2019 c.329 §5]
163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.
(2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]
163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction. (1) The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:
(A) Conviction of a sex crime or a crime for which the person would have to register as a sex offender under federal law; or
(B) Having been found guilty except for insanity of a sex crime;
(b) Is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime:
(A) That would constitute a sex crime if committed in this state; or
(B) For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state; or
(c) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.
(3)(a) A person described in subsection (2) of this section shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:
(A) Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release;
(B) Within 10 days of a change of residence;
(C)
163A.100 Risk assessment methodology; rules. The State Board of Parole and Post-Prison Supervision shall, in consultation with community corrections agencies, adopt by rule a sex offender risk assessment methodology for use in classifying sex offenders. The methodology may consider exclusively the risk the sex offender presented at the time the sex offender was released from custody, sentenced or otherwise discharged from the jurisdiction of a court of this state, or another United States court, for the crime or act for which the sex offender is required to report. Application of the risk assessment methodology to a sex offender must result in placing the sex offender in one of the following levels:
(1) A level one sex offender who presents, or presented at the time of release, sentencing or discharge, the lowest risk of reoffending and requires a limited range of notification.
(2) A level two sex offender who presents, or presented at the time of release, sentencing or discharge, a moderate risk of reoffending and requires a moderate range of notification.
(3) A level three sex offender who presents, or presented at the time of release, sentencing or discharge, the highest risk of reoffending and requires the widest range of notification. [Formerly 181.800; 2025 c.187 §1]
Note: Sections 3 and 4, chapter 187, Oregon Laws 2025, provide:
Sec. 3. The amendments to ORS 163A.100 by section 1 of this 2025 Act apply to sex offenders released from custody, sentenced or otherwise discharged from the jurisdiction of a court of this state, or another United States court, for the crime or act for which the sex offender is required to report, before, on or after the effective date of this 2025 Act [May 27, 2025]. [2025 c.187 §3]
Sec. 4. The State Board of Parole and Post-Priso
163A.110 Applicability of ORS 163A.105. (1) ORS 163A.105 applies to persons for whom the event triggering the obligation to make an initial report under ORS 163A.010 (3)(a)(A), 163A.015 (4)(a)(A) or 163A.020 (1)(a)(A), (2)(a)(A) or (3)(a)(A) occurs on or after January 1, 2014.
(2) As used in this section, “event triggering the obligation to make an initial report” means:
(a) If the initial report is described in ORS 163A.010 (3)(a)(A):
(A) Discharge, parole or release on any form of supervised or conditional release from a jail, prison or other correctional facility in this state;
(B) Parole to this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute a sex crime if committed in this state; or
(C) Discharge by the court under ORS 161.329.
(b) If the initial report is described in ORS 163A.015 (4)(a)(A), discharge, release or placement on probation:
(A) By the court; or
(B) To or in this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute a sex crime if committed in this state.
(c) If the initial report is described in ORS 163A.020 (1)(a)(A), moving into this state.
(d) If the initial report is described in ORS 163A.020 (2)(a)(A), the first day of school attendance or the 14th day of employment in this state.
(e) If the initial report is described in ORS 163A.020 (3)(a)(A):
(A) Discharge, release on parole or release on any form of supervised or conditional release, from a jail, prison or other correctional facility or detention facility; or
(B) Discharge, release or placement on probation, by another United States court. [Formerly 181.802; 2017 c.488 §5]
Note: Section 7, chapter 708, Oregon Laws 2013, provides:
Sec. 7. Existing registrants. (
163A.200 Provision of records by Psychiatric Security Review Board and Oregon Health Authority. (1) Notwithstanding ORS 179.505, the Psychiatric Security Review Board and the Oregon Health Authority shall provide to the State Board of Parole and Post-Prison Supervision any records that would assist the State Board of Parole and Post-Prison Supervision in:
(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105;
(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125; or
(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100, as required by section 7, chapter 708, Oregon Laws 2013.
(2) The State Board of Parole and Post-Prison Supervision may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §19]
Note: 163A.200 to 163A.210 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163A.205 Provision of records by Oregon Health Authority. (1) Notwithstanding ORS 179.505, the Oregon Health Authority shall provide to the Psychiatric Security Review Board any records that would assist the board in:
(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105;
(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125; or
(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100, as required by section 7, chapter 708, Oregon Laws 2013.
(2) The board may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §20]
Note: See note under 163A.200.