US Laws, Codes, Statutes & Cases

Chapter 181 — State Police; Crime Reporting and Records;

Public Safety Standards and Training

 

2007 EDITION

 

STATE POLICE; CRIME REPORTING; TRAINING

 

EXECUTIVE BRANCH; ORGANIZATION

 

STATE POLICE

 

181.010     Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730

 

181.020     Department of State Police established

 

181.030     Powers and duties of department and its members

 

181.035     Amber Plan; rules

 

181.036     National Crime Prevention and Privacy Compact; rules

 

181.040     Department to enforce laws relating to highways and operation of vehicles on highways; power of arrest possessed by persons not members of department

 

181.050     Duty to enforce laws and regulations of agencies

 

181.066     Bureau of criminal identification

 

181.070     State detective bureau

 

181.080     Forensic laboratories

 

181.085     Authority over blood and buccal samples and analyses; rules; disclosure; inspection by subject person; destruction of sample

 

181.090     Headquarters and patrol stations

 

181.100     Organization of work of department

 

181.110     Distribution of police throughout state

 

181.120     Standard uniform for state police

 

181.130     Service without wearing uniform

 

181.140     Wearing uniforms by other persons prohibited

 

181.150     Supplies and equipment of state police as state property; exceptions

 

181.170     Damage or loss of property by neglect of member; deduction from pay

 

181.175     State Police Account; subaccount; uses

 

181.180     Petty cash account

 

181.190     Commanding assistance of citizens

 

181.200     Superintendent of State Police; appointment; confirmation; removal

 

181.210     Oath and bond of superintendent and deputy

 

181.220     Deputy Superintendent of State Police; qualifications, appointment and removal

 

181.240     Powers and duties of deputy superintendent

 

181.250     State police force; appointment; examination and enlistment of applicants

 

181.260     Qualifications for appointment and reappointment as member of state police; special officers

 

181.263     Appointment of employees of department as special state police officers

 

181.265     Qualification for cadets and legislative and executive security personnel

 

181.271     Salaries of state police

 

181.280     Instruction; rules and regulations for discipline and control

 

181.290     Grounds for removal of state police

 

181.300     Proceeding for removal

 

181.310     Superintendent to make rules and regulations governing proceedings for removal

 

181.320     Trial board; members; presiding officer

 

181.330     Hearing on charges; compelling attendance of witnesses; fees and mileage

 

181.340     Finding of trial board; action by superintendent

 

181.350     Procedure for review of decision of trial board

 

181.360     Directors of forensic laboratories

 

181.390     Oath of members of state police

 

181.400     Interference with personal and property rights of others

 

181.410     Records and reports of time spent in performance of duties; approval of claims; rules

 

181.440     Eligibility of towing business to be placed on department list; rules

 

STATE POLICE AS EXPERT WITNESSES

 

181.450     Definitions for ORS 181.450 to 181.490

 

181.455     Member of state police as expert witness; subpoena

 

181.460     Payment of member called as expert witness; reimbursement of department; deposit

 

181.465     Demand for payment of deposit; effect of failure to pay on demand

 

181.470     Deposit prior to requiring member of department to return beyond day stated in subpoena

 

181.475     Application of ORS 181.455, 181.460 and 181.470 to subpoenas for depositions

 

181.480     Agreement to appear at time other than time specified in subpoena

 

181.485     Action by department to recover funds if member appearing as expert witness not reimbursed

 

181.490     Exception to provisions of ORS 181.450 to 181.485

 

COMMUNITY POLICING DEMONSTRATION PROJECTS

 

181.495     Grant program; eligibility; project elements

 

181.496     Evaluation of projects

 

181.497     Training program for local law enforcement units

 

MISSING PERSONS CLEARINGHOUSE

 

181.505     Establishment and maintenance of missing persons clearinghouse

 

181.506     Duties of administrator of clearinghouse

 

CRIME REPORTING

 

181.511     Fingerprints, identifying data, disposition report required upon arrest

 

181.515     Crimes for which criminal offender information is required

 

181.521     Transmittal of disposition report

 

181.525     Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education

 

181.530     Report of release or escape from state institution of certain inmates

 

181.533     Criminal records check; qualified entities; rules

 

181.534     Criminal records check; authorized agencies; rules

 

181.537     Authority of Department of Human Services and Employment Department to require fingerprints; qualified entities; rules

 

181.538     Criminal identification information available to Native American tribe

 

181.548     Confidentiality of some records

 

181.550     Reporting of crime statistics

 

181.555     Establishment of procedures for access to criminal record information; rules

 

181.556     Fee waiver

 

181.557     Procedure when information requested by designated agency

 

181.560     Procedure when information requested by other than criminal justice agency

 

181.575     Specific information not to be collected or maintained

 

181.580     Report of suspected criminal homicide; form and time of report; compilation; comparison

 

PREDATORY SEX OFFENDER NOTICE PROCEDURE

 

181.585     “Predatory sex offender” defined; determination

 

181.586     Notice to appropriate persons of supervised predatory sex offender; content; additional duties of supervising agency

 

181.587     Availability of information on supervised predatory sex offender

 

181.588     Notice to public of unsupervised predatory sex offender; content

 

181.589     Notice to public of unsupervised juvenile predatory sex offender; content

 

181.590     Agreements to resolve concerns about community notification

 

SEX OFFENDER REGISTRATION

 

181.592     Sex offender information; release to public

 

181.593     Internet website

 

181.594     Definitions for ORS 181.595, 181.596, 181.597 and 181.603

 

181.595     Reporting by sex offender who is discharged, paroled or released on supervised release from correctional facility or another state; change of residence procedure

 

181.596     Reporting by sex offender released or discharged; change of residence procedure

 

181.597     Reporting by certain persons upon moving into state; reporting by certain nonresidents

 

181.598     Registration forms; state police to provide; fee

 

181.599     Failure to report as sex offender

 

181.601     Victim access to sex offender information; toll-free telephone number

 

181.602     Purpose of sex offender reporting requirements

 

181.603     Notice of reporting requirement to be given at sentencing; procedure at intake

 

181.604     Notice required when offender moves to another state

 

181.605     Offender profiling

 

181.606     Immunity

 

PUBLIC SAFETY STANDARDS AND TRAINING

 

181.610     Definitions for ORS 181.610 to 181.712

 

181.612     Authority of Department of Public Safety Standards and Training to require fingerprints

 

181.620     Board on Public Safety Standards and Training; term limit; confirmation

 

181.630     Organization of board; meetings; policy of state

 

181.632     Leave to perform duties of board or policy committee

 

181.635     Appointment of director of department

 

181.636     Training academy; title to real property

 

181.637     Policy committees; rules

 

181.638     Executive committee

 

181.639     Legislative findings

 

181.640     Minimum standards and training for certification; duties in improving public safety units; grants; fees; rules

 

181.641     Training in vehicle pursuit and mental illness recognition

 

181.642     Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse

 

181.643     Training in missing persons cases

 

181.644     Certification of telecommunicator or emergency medical dispatcher required; extension

 

181.645     Police, corrections, parole and probation and certified reserve officers required to be at least 21 years of age

 

181.650     Certification of instructors; accreditation of training programs

 

181.651     Certification of full-time department employees

 

181.652     Certification of corrections officers required; extension; when training to commence

 

181.653     Certification of parole and probation officers required; extension

 

181.654     Certification of certain Law Enforcement Data System employees

 

181.655     Reimbursement for training to local law enforcement units; rules

 

181.657     Limitation on accreditation of training programs

 

181.660     Application of minimum standards and training to certain persons; certification based on experience, education or training

 

181.661     Procedure prior to denial, suspension or revocation of certification

 

181.662     Grounds for denying, suspending or revoking certification of person or accreditation of program; rules

 

181.664     Judicial review of department’s final order; reapplication for certification; rules

 

181.665     Certification of police officer and certified reserve officer required; extension

 

181.667     Lapse of certification; reapplication for certification; rules; fees

 

181.670     Effect of minimum requirements under authority other than ORS 181.640

 

181.675     Disclosure of information about public safety officer

 

181.679     Civil penalties relating to certification; rules

 

181.690     Police Standards and Training Account

 

181.700     Legislative intent

 

181.705     Minimum standards and training requirements not applicable to certain police officers

 

181.711     Department not required to provide training for certification of reserve officers

 

181.712     Child abuse and domestic violence training; report

 

181.714     Police Memorial Trust Fund; rules

 

CRIMINAL JUSTICE INFORMATION STANDARDS

 

181.715     Criminal Justice Information Standards program; duties

 

181.720     Duties of state criminal justice agencies

 

181.725     Criminal Justice Information Standards Advisory Board; members; expenses

 

181.730     Law Enforcement Data System established; duties; rules

 

OREGON COMMUNITY CRIME PREVENTION INFORMATION CENTER

 

181.750     Definitions for ORS 181.755 to 181.765

 

181.755     Oregon Community Crime Prevention Information Center; duties

 

181.760     Coordinator; appointment; duties

 

181.765     Advisory committee; meetings; expenses

 

PLAN ADDRESSING USE OF DEADLY PHYSICAL FORCE

 

181.781     Definitions for ORS 181.781 to 181.796

 

181.783     Planning authority; development and approval of plan; compliance; notice upon challenge to plan

 

181.786     Components of plan

 

181.789     Policy relating to use of deadly physical force; collection of information; rules

 

181.791     Admissibility of conclusions and recommendations

 

181.793     Compliance

 

181.796     Grants; rules

 

181.798     Expenditure limitation on grant moneys

 

181.799     Expenses; rules

 

RELIEF FROM SEX OFFENDER REPORTING REQUIREMENT

 

181.820     Relief from reporting requirement generally; procedure

 

181.823     Relief from reporting requirement; juvenile offenders

 

181.826     Relief from reporting requirement; juvenile offenders from different jurisdiction

 

181.830     Relief from reporting requirement; circumstances; order

 

181.832     Procedure for relief under ORS 181.830; upon conviction or adjudication

 

181.833     Procedure for relief under ORS 181.830; after conviction or adjudication

 

PUBLIC SAFETY PERSONNEL GENERALLY

 

181.850     Enforcement of federal immigration laws

 

181.852     Disclosure of information about certain employees of law enforcement agencies

 

181.854     Disclosure of information about certain public safety employees

 

181.860     Peer support counseling sessions; confidentiality; admissibility as evidence

 

REGULATION OF PRIVATE SECURITY SERVICE PROVIDERS

 

181.870     Definitions

 

181.871     Applicability

 

181.873     Prohibited acts; temporary assignment of person not certified allowed

 

181.875     Qualifications for private security professional; rules

 

181.876     Application procedure

 

181.877     Qualifications for executive manager or supervisory manager

 

181.878     Board on Public Safety Standards and Training to establish standards; department to establish procedures and fees; rules

 

181.880     Licenses and certificates; issuance; duration

 

181.882     Hearing if license or certificate denied, suspended or revoked

 

181.885     Effect of being charged with crime

 

181.886     Persons providing private security services on September 9, 1995

 

181.887     Disposition of funds received by department

 

PENALTIES

 

181.990     Penalties

 

181.991     Penalties relating to regulation of private security services; criminal and civil

 

STATE POLICE

 

      181.010 Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730. As used in ORS 181.010 to 181.560 and 181.715 to 181.730, unless the context requires otherwise:

      (1) “Bureau” means the Department of State Police bureau of criminal identification.

      (2) “Criminal justice agency” means:

      (a) The Governor;

      (b) Courts of criminal jurisdiction;

      (c) The Attorney General;

      (d) District attorneys, city attorneys with criminal prosecutive functions, attorney employees of the office of public defense services and nonprofit public defender organizations established under contract with the Public Defense Services Commission;

      (e) Law enforcement agencies;

      (f) The Department of Corrections;

      (g) The State Board of Parole and Post-Prison Supervision;

      (h) The Department of Public Safety Standards and Training; and

      (i) Any other state or local agency with law enforcement authority designated by order of the Governor.

      (3) “Criminal offender information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled by the bureau for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

      (4) “Department” means the Department of State Police established under ORS 181.020.

      (5) “Deputy superintendent” means the Deputy Superintendent of State Police.

      (6) “Designated agency” means any state, county or municipal government agency where Oregon criminal offender information is required to implement a federal or state statute, executive order or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, licensing purposes or other demonstrated and legitimate needs when designated by order of the Governor.

      (7) “Disposition report” means a form or process prescribed or furnished by the bureau, containing a description of the ultimate action taken subsequent to an arrest.

      (8) “Law enforcement agency” means county sheriffs, municipal police departments, State Police, other police officers of this state and other states and law enforcement agencies of the federal government.

      (9) “State Police” means the members of the state police force appointed under ORS 181.250.

      (10) “Superintendent” means the Superintendent of State Police. [Amended by 1963 c.547 §1; 1971 c.467 §1; 1975 c.548 §1; 1977 c.745 §46; 1981 c.905 §1; 1987 c.320 §136; 1987 c.475 §5; 1989 c.364 §3; 2001 c.104 §60; 2001 c.962 §42; 2007 c.71 §54]

 

      181.020 Department of State Police established. There is established a Department of State Police. The department shall consist of office personnel and the Oregon State Police. The Oregon State Police shall consist of members of the state police force appointed under ORS 181.250, state police cadets and legislative security personnel appointed under ORS 181.265. [Amended by 1963 c.547 §8; 1971 c.467 §2]

 

      181.030 Powers and duties of department and its members. (1) The Department of State Police and each member of the Oregon State Police shall be charged with the enforcement of all criminal laws.

      (2) Each member of the state police is authorized and empowered to:

      (a) Prevent crime.

      (b) Pursue and apprehend offenders and obtain legal evidence necessary to insure the conviction in the courts of such offenders.

      (c) Institute criminal proceedings.

      (d) Execute any lawful warrant or order of arrest issued against any person or persons for any violation of the law.

      (e) Make arrests without warrant for violations of law in the manner provided in ORS 133.310.

      (f) Give first aid to the injured.

      (g) Succor the helpless.

      (3) Each member of the state police shall have in general the same powers and authority as those conferred by law upon sheriffs, police officers, constables, peace officers and may be appointed as deputy medical examiners.

      (4) The members of the state police shall be subject to the call of the Governor, and are empowered to cooperate with any other instrumentality or authority of the state, or any political subdivision in detecting crime, apprehending criminals and preserving law and order throughout the state; but the state police shall not be used as a posse except when ordered by the Governor. [Amended by 1961 c.434 §7; 1971 c.467 §3; 1973 c.408 §30; 1977 c.595 §1]

 

      181.035 Amber Plan; rules. (1) The Department of State Police shall work with Oregon law enforcement agencies, the Department of Transportation, local media and broadcasters and others to fully implement a state Amber Plan.

      (2) The Department of State Police shall adopt rules establishing the criteria to be applied in determining whether to issue an alert under the Amber Plan.

      (3) A broadcaster participating in an Amber Plan implemented under this section is immune from civil liability for any act or omission of the broadcaster in the course and scope of that participation. The immunity provided under this subsection:

      (a) Applies regardless of the method of transmission used by the broadcaster.

      (b) Does not apply to intentional misconduct or to conduct that was grossly negligent. [2003 c.314 §1; 2005 c.441 §1]

 

      Note: 181.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      181.036 National Crime Prevention and Privacy Compact; rules. (1) The Legislative Assembly of the State of Oregon hereby ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. 14616, as it existed on January 1, 2005, and the compact remains in effect until legislation is enacted rescinding the compact. The Superintendent of State Police shall execute the compact.

      (2) The superintendent, or the superintendent’s designee, is the state’s compact officer and shall administer and implement the compact on behalf of the state and may adopt rules as necessary for the exchange of criminal history records between the state and other states and the federal government for noncriminal justice purposes.

      (3) This section does not alter the duties of the superintendent regarding the dissemination of criminal history records within the state. [2005 c.479 §1]

 

      Note: 181.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any