DEPARTMENT PROCEDURES BY NUMBER

4.24 SEX OFFENDER REGSITRATION AND COMMUNITY NOTIFICATION
4.24.1 PURPOSE

A. To ensure the safety of those residing, working in and visiting our community; this procedure is established to set guidelines regarding sex offender registration and community notification of non-supervised and any predatory sex offenders who will be residing in the City of Gresham.

B. Upon request from the Oregon State Police (OSP), the Gresham Police Department will notify the community when a non-supervised sex offender or a predatory sex offender is planning to move into the City of Gresham, and the Department is notified of the planned move.

4.24.2 COMMUNITY NOTIFICATION (NON-SUPERVISED AND PREDATORY SEX OFFENDERS)

A. Normally, OSP will provide community notification of non-supervised and predatory sex offenders who will be or are currently residing in our community. However, upon request from OSP, the Department may assist with community notification.
1. Predatory Offender – A news release and written flyer containing the following information about the sex offender will be prepared:

a. Name, age and description; and
b. Residence; and
c. Vehicle information; and
d. Legal status; and
e. Special conditions; and
f. Target victims; and
The flyer shall be distributed in a minimum three-block radius around the residence where the offender will be residing. Other agencies and organizations which may be notified shall include but are not limited to schools, churches, parks, convenience stores, business establishments, apartment complexes and other places where people frequent.

2. Non-Supervision Offenders – a news release and written flyer containing the following information about the sex offender will be prepared:

a. The offender’s name
b. Date of birth
c. Address
d. Physical description
e. Photograph
f. Crime of conviction

DO NOT release information to the public regarding victims, method of
operation, profiling information; or make predictions about future risks.

4.24.3 RELEASE OF SEX OFFENDER INFORMATION TO THE PUBLIC
(SUPERVISED OFFENDERS)

A. The Department is authorized to release information on adult and juvenile offenders to the public. Upon request, the following information shall be released regarding these offenders:

1. Adult Offenders On Supervision – Information regarding adult offenders on supervision is also public information but is restricted to:

a. Offender’s name
b. Date of birth
c. Physical description
d. Photograph
e. Crime of conviction

Any further requests regarding the address of the offender or potential persons at risk should be forwarded to the supervising official.

2. Juvenile Offenders On Supervision - Information regarding juveniles on supervision is limited to:

a. Offender’s name
b. Date of birth
c. Physical description
d. Crime of conviction

Any further requests regarding the address of the offender or potential persons at risk should be forwarded to the supervising juvenile correction officer.

4.24.4 REGISTRATION

A. OSP has been designated as the central repository for registration information on sex offenders; therefore, completed sex offender registration forms will be forwarded to OSP. NOTE: Sex offender registration forms must be signed by the offender to be considered completed

B. Sex offenders convicted of a registerable sex crime in Oregon who meet one of the requirements for mandatory lifetime registration must:

1. Report in person to their supervising official or law enforcement agency no later than ten days after discharge or release from jail, prison or other corrections detention facilities; or
2. Report in person no later than ten days after release or placement on probation; or
3. Report in person no later than ten days after parole or discharge to the State of Oregon from another state.
required to report to law enforcement or their supervising agency, in person:

1. Within ten days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and within ten days of a change in work, vocation or attendance status at an institution of higher education.
2. Persons who move into the state and attend school or obtain employment at an institution of higher education must report within 10 days of the first day of school or the 14th day of employment. Thereafter, they have to report after any change in school attendance or employment.

By statute, “attends” means is enrolled on a full or part-time basis; “institution of higher education” means a public or private educational institution that provides a program of post-secondary education; “”works” or “carries on a vocation” means full or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit.

E. Juvenile offenders may petition for relief from reporting requirements within 90 days from the termination of the court’s jurisdiction.

F. Adult and juvenile offenders who are no longer on supervision and move to Oregon from another state or jurisdiction (after September 9, 1995) are required to register with law enforcement. In order to qualify for registration they must meet one of the following special conditions:

1. The offender has been convicted of a sex crime with the same elements as a sex offense requiring registration in Oregon. Conviction dates DO NOT matter.
2. The offender was required to register in another state for having been convicted of a sex crime in that state. EXAMPLE: An offender moved here from another state where they were required to register for adultery; they would be required to report for registration in Oregon. Even though adultery is not a crime requiring registration in Oregon, this offender would still have to report for registration.

G. If a sex offender, who meets the conditions outlined in F. above, fails to report for registration, the offender may be charged with the crime of failing to complete an initial registration with law enforcement, which is a C felony, providing the following elements are established:

1. The offender has knowledge of the Oregon registration requirements.

2. The offender moved here on or after September 9, 1995.

3. The offender has failed to register within 10 days from the day he established residency in Oregon.

NOTE: Sex offenders, who moved to Oregon before September 9, 1995, DO NOT have to register.

H. Persons living in another state, but working in Oregon must report after 14 days of employment in a calendar year. This group of offenders must report their residence while they are working in this state. If they are commuting to Oregon from another state, they must list their out-of-state residence. If they are living temporarily in this state because of their employment, they must register their temporary Oregon residence. These offenders must also list their employer. If they change employment regardless of a change of residence, they must report within 10 days. The registration procedures for this group of offenders are the same as for in-state offenders. These offenders are also subject to the same penalties as in-state offenders.

4.24.5 REGISTRATION PROCEDURE

A. By law (ORS 181.595 – 181.599) a person required to report must provide the information necessary to complete the sex offender registration form. Failure of the offender to provide complete and accurate information is a class A misdemeanor.
C. Records Responsibility

1. Check Wants/Warrants and LEDS/NCIC; and
2. Make copy of offender’s proof of address and photo ID and provide it with all wants/warrants and LEDS/NCIC information to the responding officer, and
3. Mail the original form, photo, proof of address and fingerprint card (if applicable) to the Oregon State Police Sex Offender Registration Unit.
4. If the registration is completed on a hard copy Sex Offender Registration form, send an AM message (as soon as possible) to the Sex Offender Registration Unit. This step can be eliminated if registration is completed electronically.

D. Officer Responsibility – Registration may be completed through one of the following methods:

Hard Copy Registration

1. Verify type of registration—i.e. initial, annual or address change.
2. Fingerprint the offender if they do not have an OR SID number.
3. Take photographs of the offender (this must be done in order to complete registration; failure to comply is a class A misdemeanor) as follows:
The photographs should be downloaded via the card reader located in the Desk Officer area.

4. Complete all the questions listed, have the offender review and sign, in blue ink, the completed form. NOTE: If the offender fails to sign the form he has failed to complete the registration process which is a class A misdemeanor.
5. Provide the offender with the yellow copy proving they have completed their registration.
6. Forward the remaining original and copies to Records for distribution

Electronic Registration

NOTE: All officers wishing to utilize the electronic sex offender registration system through https://xn.osp.state.or.us/sor/ must obtain a user name and password by completing and submitting the “User Authorization Form” (Appendix A).

1. Verify type of registration—i.e. initial, annual or address change.
2. Fingerprint the offender if they do not have an OR SID number.
3. Take photographs of the offender (this must be done in order to complete registration; failure to comply is a class A misdemeanor) as follows:
The photographs should be downloaded via the card reader located in the Desk Officer area.
document in blue ink;
follows:
E. If the offender fails to sign the registration form, DO NOT furnish the offender with a copy; they have failed to complete registration.

F. OSP WILL NOT change the record information in LEDS until they have a copy of the registration form signed by the offender.

4.24.6 ENFORCEMENT OF SEX OFFENDER REGISTRATION

A. Offenders who have knowingly failed to comply with the provisions set forth under section 4.24.4 of this procedure should be arrested and charged with Failing to Register as a Sex Offender.

B. Check LEDS to see if a signed SOR is on file (Signed Form/Y). This serves as proof that the offender knew of the requirement to register. If the LEDS hit displays Signed Form/N, there is no form on file. Even if there is no signed form, if the offender admits that they knew they were required to register, you can still arrest them for failing to comply with the registration law. Offenders should be arrested and charged with ORS 181.599, Failing to Register as a Sex Offender.

C. Additional inquiries may be made by contacting the OSP Sex Offender Registration Unit.

D. Arrest of Supervised Offenders

1. Persons under supervision have restrictions and conditions for supervision. The offender may not be committing a new crime, but may be violating a condition of parole/probation. Always advise the parole officer of the contact.

E. Arrest of Non-supervised Offenders

1. There are no conditions or restrictions for non-supervised sex offenders. If a sex offender is in contact with minors and you do not have a new crime call the Department of Human Services. They may be able to assist in removing the children from the offender’s presence.

4.24.7 FEES

A. The Department will not be responsible for collecting fees assessed a
registrant. Provisions for payment of annual fees will be made by OSP.

Craig Junginger
Chief of Police
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