ORS 163A.135 — Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction

163A.135 Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction. (1) Except as provided in subsection (7) of this section, a person required to report under ORS 163A.025 (1)(d) may file a petition in the juvenile court for an order relieving the person of the duty to report. If the person resides: (a) In this state and is required to report under ORS 163A.025 (2) or (3), the petition must be filed in the juvenile court of the county in which the person resides. (b) In another state and is required to report under ORS 163A.025 (4), the petition must be filed in the juvenile court of the county in which the person attends school or works. (2) If the act giving rise to the obligation to report would constitute: (a) A Class A or Class B felony sex crime if committed in this state by an adult, the petition may be filed no sooner than two years after the termination of the other United States court’s jurisdiction over the person. (b) A Class C felony sex crime if committed in this state by an adult, the petition may be filed no sooner than 30 days before the termination of the other United States court’s jurisdiction over the person. (3) The person filing the petition must submit with the petition all releases and waivers necessary to allow the district attorney for the county in which the petition is filed to obtain the following documents from the jurisdiction in which the person was adjudicated for the act for which reporting is required: (a) The juvenile court petition; (b) The dispositional report to the court; (c) The order of adjudication or jurisdiction; (d) Any other relevant court documents; (e) The police report relating to the act for which reporting is required; (f) The order terminating jurisdiction for the act for which reporting is required; and (g) The evaluation and treatment records or reports of the person that are related to the act for which reporting is required. (4) A person filing a petition under this section has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public. (5) Unless the court finds good cause for a continuance, the court shall hold a hearing on the petition no sooner than 90 days and no later than 150 days after the date the petition is filed. (6) If a person who files a petition under this section is required to report as a sex offender for having committed an act that if committed in this state could have subjected the person to waiver under ORS 419C.349 (1)(a), the court may not grant the petition notwithstanding the fact that the person has met the burden of proof established in subsection (4) of this section unless the court determines that to do so is in the interest of public safety. (7) This section does not apply to a person who is required to register as a sex offender for life in the jurisdiction in which the offense occurred. (8) In a hearing under this section, the court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150. (9) If the court is satisfied by clear and convincing evidence that the person is rehabilitated and that the person does not pose a threat to the safety of the public, the court shall enter an order relieving the person of the duty to report. When the court enters an order under this subsection, the person shall send a certified copy of the court order to the Department of State Police. [Formerly 181.826; 2016 c.95 §6; 2019 c.634 §10; 2021 c.597 §36]