in 2001]

144.649 in 2001]

(Sex Offender Residence Requirements)

����� 144.641 Definitions. As used in this section and ORS 144.642, 144.644 and 144.646:

����� (1) �Dwelling� has the meaning given that term in ORS 469B.100.

����� (2) �Dwelling� does not include a residential treatment facility or a halfway house.

����� (3) �Halfway house� means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

����� (4) �Locations where children are the primary occupants or users� includes, but is not limited to, public and private elementary and secondary schools and licensed child care centers.

����� (5) �Sex offender� means:

����� (a) A sexually violent dangerous offender as defined in ORS 137.765; or

����� (b) A level three sex offender under ORS 163A.100 (3).

����� (6) �Transitional housing� means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration. [2001 c.365 �1; 2005 c.576 �4; 2013 c.708 �11; 2015 c.820 ��16,23; 2017 c.442 �18; 2019 c.430 ��4,8]

����� Note: 144.641 to 144.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 144.642 Criteria for determining residence; Department of Corrections; rules; matrix. (1) The Department of Corrections, in consultation with the State Board of Parole and Post-Prison Supervision and community corrections agencies, shall adopt rules establishing criteria to be considered in determining the permanent residence requirements for a sex offender released on post-prison supervision or parole. Transitional housing is not subject to permanent residence requirements. The department shall include in the rules:

����� (a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

����� (b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;

����� (c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (4)(b)(M); and

����� (d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender�s residence to be informed of the decision making process before the offender is released.

����� (2) Based upon the rules adopted under subsection (1) of this section, the department shall develop a decision matrix to be used in determining the permanent residence requirements for a sex offender. [2001 c.365 �2; 2005 c.576 �5; 2011 c.258 �3]

����� Note: See note under 144.641.

����� 144.644 Criteria for determining residence; State Board of Parole and Post-Prison Supervision; rules; matrix. (1) The State Board of Parole and Post-Prison Supervision, in consultation with the Department of Corrections and community corrections agencies, shall adopt rules establishing criteria to be considered:

����� (a) In reviewing the proposed residence of a sex offender in a release plan under ORS 144.096 or a parole plan under ORS 144.125; and

����� (b) In determining the residence of a sex offender in a release plan under ORS