Oregon Chapter 181
Chapter 181 — State Police; Crime Reporting and Records; Public Safety Standards and TrainingDownload Full 2005 Oregon Revised Statutes (coming soon!)
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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
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
(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 series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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. (1) The Department of State Police shall
enforce all laws now or hereafter enacted relating to highways and to the
operation of vehicles on state or other highways.
(2) Members of the state police have the
power to arrest violators of any provision of the laws applicable to highways
or to the movement of vehicles on highways.
(3) The necessary expenses in carrying out
this section shall be paid from the State Highway Fund and from the moneys
received under ORS 802.110.
(4) ORS 181.010 to 181.560 and 181.715 to
181.730 do not prevent an officer or employee of the Department of
Transportation from arresting any person for any crime committed in the officer’s
or employee’s presence and do not affect other powers of arrest granted by the
laws of this state to persons other than peace officers. [Amended by 1967 c.175
§5; 1971 c.467 §4; 1983 c.338 §899]
181.050
Duty to enforce laws and regulations of agencies. The state police, with the approval of the
Governor, may be called upon by any other branch or department of the state
government to enforce criminal laws or any regulation of such branch or
department. [Amended by 1971 c.58 §1]
181.060 [Repealed by 1963 c.547 §11]
181.065 [1963 c.547 §6; repealed by 1975 c.548 §2
(181.066 enacted in lieu of 181.065)]
181.066
Bureau of criminal identification. (1) There is established in the Department of State Police a bureau of
criminal identification which shall be operated by the department.
(2) The bureau shall:
(a) Install and maintain systems for
filing and retrieving fingerprint data and supplemental information submitted
by criminal justice agencies for the identification of criminal offenders as
the Superintendent of State Police deems necessary;
(b) Employ its fingerprint record file as
a basis for identifying individuals and provide criminal offender information
to criminal justice agencies while acting in the performance of their official
duties;
(c) Provide information to persons and
agencies as provided in ORS 181.555 and 181.560; and
(d) Undertake such other projects as are
necessary or appropriate to the speedy collection and dissemination of
information relating to crimes and criminals. [1975 c.548 §3 (enacted in lieu
of 181.065); 1975 c.605 §11a; 1981 c.905 §2]
181.070
State detective bureau. (1)
The Superintendent of State Police may, with the approval of the Governor,
maintain a state detective bureau under the immediate supervision of the
superintendent.
(2) The detective bureau shall:
(a) Maintain facilities for the detection
of crime by the state police.
(b) Supply expert information on
handwriting and ballistics.
(3) To accomplish the purposes of
subsection (2) of this section, the superintendent may, with the approval of
the Governor, utilize the services of such members of the state police as
assistant state detectives as the superintendent deems expedient. [Amended by
1963 c.547 §9; 1971 c.467 §22]
181.080
Forensic laboratories. (1)
The Department of State Police may establish forensic laboratories.
(2) The laboratories shall furnish service
as available to all district attorneys, sheriffs and other peace officers in
the state. The services of the laboratories shall also be available to any
defendant in a criminal case on order of the court before which the criminal
case is pending. [Amended by 1953 c.5 §3; 1963 c.218 §1; 1971 c.467 §23; 2001
c.870 §12]
181.085
Authority over blood and buccal samples and analyses; rules; disclosure; inspection
by subject person; destruction of sample. (1) The Department of State Police is authorized to:
(a) Store blood and buccal samples
received under authority of this section, ORS 137.076, 161.325 and 419C.473 (1)
and section 2, chapter 852, Oregon Laws 2001, and other physical evidence
obtained from analysis of such samples;
(b) Analyze such samples for the purpose
of establishing the genetic profile of the donor or otherwise determining the
identity of persons or contract with other qualified public or private
laboratories to conduct that analysis;
(c) Maintain a criminal identification
database containing information derived from blood and buccal analyses;
(d) Utilize such samples to create
statistical population frequency databases, provided that genetic profiles or
other such information in a population frequency database shall not be
identified with specific individuals; and
(e) Adopt rules establishing procedures
for obtaining, transmitting and analyzing blood and buccal samples and for
storing and destroying blood and buccal samples and other physical evidence and
criminal identification information obtained from such analysis. Procedures for
blood and buccal analyses may include all techniques which the department
determines are accurate and reliable in establishing identity, including but
not limited to, analysis of DNA (deoxyribonucleic acid), antigen antibodies,
polymorphic enzymes or polymorphic proteins.
(2) If the department is unable to analyze
all samples due to lack of funds, the department shall analyze samples in the
following order:
(a) The department shall first analyze
samples from persons convicted of:
(A) Rape, sodomy, unlawful sexual
penetration, sexual abuse, public indecency, incest or using a child in a
display of sexually explicit conduct, as those offenses are defined in ORS
163.355 to 163.427, 163.465 (1)(c), 163.525 and 163.670;
(B) Burglary in the second degree, as
defined in ORS 164.215;
(C) Promoting or compelling prostitution,
as defined in ORS 167.012 and 167.017;
(D) Burglary in the first degree, as
defined in ORS 164.225;
(E) Assault in the first, second or third
degree, as defined in ORS 163.165, 163.175 and 163.185;
(F) Kidnapping in the first or second
degree, as defined in ORS 163.225 and 163.235;
(G) Stalking, as defined in ORS 163.732;
(H) Robbery in the first, second or third
degree, as defined in ORS 164.395, 164.405 and 164.415;
(I) Manslaughter in the first or second
degree, as defined in ORS 163.118 and 163.125;
(J) Criminally negligent homicide, as
defined in ORS 163.145;
(K) Aggravated vehicular homicide, as
defined in ORS 163.149;
(L) Conspiracy or attempt to commit any
felony listed in subparagraphs (A) to (J) of this paragraph; or
(M) Murder, aggravated murder or an
attempt to commit murder or aggravated murder.
(b) After analyzing samples from persons
described in paragraph (a) of this subsection, the department shall analyze
samples from persons convicted of a felony under ORS 475.840, 475.846 to
475.894, 475.904, 475.906 or 475.914.
(c) After analyzing samples from persons
described in paragraphs (a) and (b) of this subsection, the department shall
analyze samples from persons convicted of any other felony.
(3) Notwithstanding subsection (2) of this
section, the department may analyze a sample from a lower priority before all
samples in higher priorities are analyzed if required in a particular case for
law enforcement purposes.
(4) The department may not transfer or
disclose any sample, physical evidence or criminal identification information
obtained, stored or maintained under authority of this section, ORS 137.076,
161.325 or 419C.473 (1) except:
(a) To a law enforcement agency as defined
in ORS 181.010, a district attorney or the Criminal Justice Division of the
Department of Justice for the purpose of establishing the identity of a person
in the course of a criminal investigation or proceeding;
(b) To a party in a criminal prosecution
or juvenile proceeding pursuant to ORS 419C.005 if discovery or disclosure is
required by a separate statutory or constitutional provision; or
(c) To a court or grand jury in response
to a lawful subpoena or court order when the evidence is not otherwise
privileged and is necessary for criminal justice purposes.
(5) The department may not transfer or
disclose any sample, physical evidence or criminal identification information
under subsection (4) of this section unless the public agency or person
receiving the sample, physical evidence or criminal identification information
agrees to destroy the sample, physical evidence or criminal identification
information if notified by the department that a court has reversed the
conviction, judgment or order that created the obligation to provide the blood
or buccal sample.
(6) Any public agency that receives a
sample, physical evidence or criminal identification information under
authority of subsection (4) of this section may not disclose it except as
provided in subsection (4) of this section.
(7) Notwithstanding subsections (4) and
(6) of this section, any person who is the subject of a record within a
criminal identification database maintained under the authority of this section
may, upon request, inspect that information at a time and location designated
by the department. The department may deny inspection if it determines that
there is a reasonable likelihood that such inspection would prejudice a pending
criminal investigation. In any case, the department is not required to allow
the person or anyone acting on the person’s behalf to test any blood or buccal
sample or other physical evidence. The department shall adopt procedures
governing the inspection of records and samples and challenges to the accuracy
of records. The procedures shall accommodate the need to preserve the materials
from contamination and destruction.
(8)(a) Whenever a court reverses the
conviction, judgment or order that created an obligation to provide a blood or
buccal sample under ORS 137.076 (2), 161.325 or 419C.473 (1), the person who
provided the sample may request destruction of the sample and any criminal
identification record created in connection with that sample.
(b) Upon receipt of a written request for
destruction pursuant to this section and a certified copy of the court order
reversing the conviction, judgment or order, the department shall destroy any
sample received from the person, any physical evidence obtained from that
sample and any criminal identification records pertaining to the person, unless
the department determines that the person has otherwise become obligated to
submit a blood or buccal sample as a result of a separate conviction, juvenile
adjudication or finding of guilty except for insanity for an offense listed in
ORS 137.076 (1). When the department destroys a sample, physical evidence or
criminal identification record under this paragraph, the department shall
notify any public agency or person to whom the sample, physical evidence or
criminal identification information was transferred or disclosed under
subsection (4) of this section of the reversal of the conviction, judgment or
order.
(c) The department is not required to
destroy an item of physical evidence obtained from a blood or buccal sample if
evidence relating to another person subject to the provisions of ORS 137.076,
161.325, 419A.260 and 419C.473 (1) and this section would thereby be destroyed.
Notwithstanding this subsection, no sample, physical evidence or criminal
identification record is affected by an order to set aside a conviction under
ORS 137.225.
(9) As used in this section, “convicted”
includes a juvenile court finding of jurisdiction based on ORS 419C.005. [1991
c.669 §4; 1993 c.33 §319; 1993 c.469 §4; 1999 c.97 §3; 2001 c.852 §3; 2005
c.708 §51; 2007 c.867 §7]
Note: 181.085 was added to and made a part of ORS
chapter 181 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
181.090
Headquarters and patrol stations. The Superintendent of State Police, with the approval of the Governor,
may establish headquarters and patrol stations at such places as the
superintendent may deem most advisable for the patrol and protection of the
state and for the enforcement of the laws. For that purpose, with the approval
of the Governor, the superintendent may use lands and buildings for the
accommodation of members of the state police and their vehicles and equipment. [Amended
by 1971 c.467 §21]
181.100
Organization of work of department. The Superintendent of State Police shall, so far as in the judgment of
the superintendent it is practicable and expedient so to do, organize the work
of the Department of State Police so that:
(1) The various duties required of the
department may be assigned to appropriate departments, to be performed by
persons experienced and qualified for such respective kinds of work.
(2) The duties of the various officers and
police of the superintendent are coordinated so that when not engaged in a
particular duty specified or directed to be done or not then requiring
attention such officers and police shall perform the other duties required of
the department and then required to be done.
(3) The cooperation of other officers and
police may be secured for the purposes of avoiding duplication of time and
effort.
181.110
Distribution of police throughout state. The Superintendent of State Police shall distribute the state police
throughout the various sections of the state where they will be most efficient
in carrying out the purposes of the Department of State Police to preserve the peace,
to enforce the law and to prevent and detect crime.
181.120
Standard uniform for state police. The State of
181.130
Service without wearing uniform. The Superintendent of State Police may direct that members of the
state police shall serve without wearing uniform, when, in the judgment of the
superintendent, law enforcement will thereby be made more efficient. [Amended
by 1971 c.467 §8]
181.140
Wearing uniforms by other persons prohibited. (1) No person other than a member of the Oregon State Police shall
wear, use or order to be worn or used, copy or imitate in any respect or manner
the standard uniforms specified in ORS 181.120.
(2) As used in this section, “person”
includes agents, officers and officials elected or appointed by any
municipality or county.
181.150
Supplies and equipment of state police as state property; exceptions. (1) The state shall provide the members of
the state police with emergency and first aid outfits, weapons, motor vehicles,
and all other supplies and equipment necessary to carry out the objects of the
Department of State Police. This property shall remain the property of the
state with the exception of a retiring or deceased officer’s department-issued
service revolver, which may be sold by the department to the officer or, in the
case of a deceased officer, to a member of the officer’s family, upon the
officer’s retirement or death, and the officer’s badge, which may be given to
the officer or, in the case of a deceased officer, to a member of the deceased
officer’s family, upon the officer’s retirement or death. When a service
revolver is sold pursuant to this section, it shall be sold for its fair market
value. The badge shall be marked to indicate the officer’s retirement status
and under no circumstance shall it be used for official police identification
other than as a memento of service to the department.
(2) When any of the property, supplies or
equipment becomes surplus, obsolete or unused it shall be disposed of by the
Oregon Department of Administrative Services as provided in ORS 279A.280.
(3) For purposes of ORS chapters 279A and
279B, the sale of a service revolver to a retiring officer by the department is
not a public contract and shall not be subject to the competitive bidding
requirements of ORS chapters 279A and 279B. The provisions of ORS 166.412 do
not apply to transfers of firearms pursuant to this section. [Amended by 1955
c.148 §1; 1971 c.467 §9; 1985 c.281 §1; 1989 c.839 §28; 1995 c.729 §10; 2003
c.794 §202]
181.160 [Repealed by 1955 c.260 §3]
181.170
Damage or loss of property by neglect of member; deduction from pay. The Superintendent of State Police shall
make charges against any member of the state police for property of the
Department of State Police damaged, lost or destroyed through carelessness or
neglect of such member. If it is determined that such damage, loss or
destruction was due to carelessness or neglect, there shall be deducted from
the pay of such member the amount of money necessary to repair or replace the
article or articles damaged, lost or destroyed.
181.175
State Police Account; subaccount; uses. (1) There is established in the General Fund of the State Treasury an
account to be known as the State Police Account. All moneys received by the
Department of State Police shall be paid to the credit of the State Police
Account, and such moneys are continuously appropriated for the payment of
expenses of the Department of State Police.
(2) There is established a subaccount in
the State Police Account consisting of all moneys, revenue and income described
in ORS 463.220. All moneys in the subaccount are appropriated continuously to
the Department of State Police to carry out the provisions of ORS chapter 463. [1971
c.277 §2; 1979 c.541 §4; 1981 c.881 §3; 1993 c.742 §140a; 1993 c.744 §216b]
181.180
Petty cash account. The
Superintendent of State Police shall establish a petty cash account from the
appropriation for carrying out the functions of the Department of State Police
in the amount of $25,000 and shall authorize designated commissioned officers
to make disbursements from such account in all cases where it may be necessary
to make an immediate cash payment for transportation expenses, accessories and
repairs to motor vehicles, board and lodging, immediate medical and veterinary
supplies, telephone and imperative supplementary supplies. Upon presentation to
the Oregon Department of Administrative Services of duly approved vouchers for
moneys so expended from the petty cash account or fund, the account or fund
shall be reimbursed to the amount of vouchers submitted. [Amended by 1985 c.478
§5]
181.190
Commanding assistance of citizens. All members of the state police may direct and command the assistance
of any able-bodied citizen of the
181.200
Superintendent of State Police; appointment; confirmation; removal. The Superintendent of State Police shall be
the executive and administrative head of the Department of State Police.
Subject to confirmation by the Senate in the manner provided in ORS 171.562 and
171.565, the Governor shall appoint the superintendent for a term of four
years. The Governor may remove the superintendent for inefficiency or
malfeasance in office after charges have been preferred and a hearing granted. [Amended
by 1971 c.467 §11; 1973 c.792 §1]
181.210
Oath and bond of superintendent and deputy. The Superintendent of State Police and the Deputy Superintendent of
State Police, before assuming their duties, each shall take and subscribe an
oath of office as prescribed by ORS 181.390 and shall be covered by a fidelity
or blanket bond as provided in ORS 291.011. [Amended by 1971 c.467 §13]
181.220
Deputy Superintendent of State Police; qualifications, appointment and removal. The Superintendent of State Police may, with
the approval of the Governor as to person and salary, appoint a Deputy
Superintendent of State Police. The deputy superintendent shall have served as
a captain or in higher rank in the Oregon State Police not less than one year
prior to the appointment of the deputy superintendent. The deputy
superintendent shall be removable for the causes and in the manner provided in
ORS 181.290 to 181.350 for the removal of members of the state police. [Amended
by 1971 c.467 §12]
181.230 [Repealed by 1971 c.467 §26]
181.240
Powers and duties of deputy superintendent. The Deputy Superintendent of State Police, when appointed and
qualified, shall possess during the term of office of deputy superintendent all
the powers of the Superintendent of State Police and shall act as the head of
the Department of State Police in the absence or incapacity of the
superintendent, and shall perform such duties as the superintendent may
prescribe.
181.250
State police force; appointment; examination and enlistment of applicants. The Superintendent of State Police, with the
approval of the Governor, shall appoint a state police force, consisting of the
number of commissioned officers, noncommissioned officers and troopers who are,
in the judgment of the Governor and the superintendent, necessary in the
performance of the duties of the Department of State Police. The superintendent
shall, subject to the laws of the state and with the approval of the Governor,
arrange for the examination and enlistment of applicants and establish ranks or
grades. [Amended by 1971 c.467 §6]
181.260
Qualifications for appointment and reappointment as member of state police;
special officers. (1) No
person, other than an expert in crime detection, shall be appointed a member of
the state police unless the person is:
(a) A citizen of the
(b) Of good health and of good moral
character.
(c) Over the age of 21 years.
(2) No person shall be appointed a member
of the state police who has not established satisfactory evidence of
qualifications by passing a physical and mental examination based upon the
standard provided by the rules and regulations of the United States Army; but
the Superintendent of State Police, with the approval of the Governor, may, for
such positions and where, in the judgment of the superintendent, the good of
the service requires it, waive the physical standard provided by such rules and
regulations.
(3) Any member who voluntarily withdraws
from the state police force without the consent of the superintendent, and all
persons removed from the state police for cause after hearing, shall be
ineligible for reappointment.
(4) The superintendent may appoint special
state police officers upon the following conditions:
(a) The officers are appointed for the
limited purpose of providing assistance to the state police in law enforcement
emergencies and major operations in
(b) The officers are police officers
certified by the state bordering
(c) The officers receive no separate
compensation from the State of
(d) There is a reciprocal agreement
wherein the Superintendent of State Police authorizes a member of the Oregon
State Police to assist the bordering state’s police officers under identically
prescribed criteria in the neighboring state in areas near the
(5) The Superintendent of State Police is
authorized to enter into reciprocal agreements with bordering state law
enforcement agencies for the purpose of providing assistance to the Oregon
State Police and the bordering state law enforcement agency in carrying out
major operations and responding to emergencies in areas near the
181.263
Appointment of employees of department as special state police officers. (1) Notwithstanding ORS 181.260, the
Superintendent of State Police may appoint employees of the Department of
Corrections as special state police officers if the superintendent deems it
necessary or advisable to assist the Department of Corrections in the discharge
of the Department of Corrections’ medical transport functions and duties. To be
eligible for appointment under this subsection, an employee must be currently
certified as a corrections officer under ORS 181.610 to 181.712. The
superintendent and the Department of Corrections shall enter into an
intergovernmental agreement that specifies the terms, conditions and duration
of appointments made under this subsection.
(2) A person appointed as a special state
police officer under subsection (1) of this section may not receive any
separate or additional compensation from the Department of State Police for
performance of the person’s duties. [2001 c.435 §1]
Note: 181.263 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.
181.265
Qualification for cadets and legislative and executive security personnel. Notwithstanding ORS 181.260 (1)(c), 181.645
and 181.665, the superintendent may appoint, as state police cadets or
legislative and executive security personnel, individuals who are 18 years of
age or older and satisfy other requirements of ORS 181.260 (1) and (2). [1971
c.467 §25b; 1977 c.258 §1; 1993 c.594 §2]
181.270 [Amended by 1953 c.50 §4; 1955 c.704 §1;
1957 c.674 §1; 1959 c.677 §1; 1961 c.493 §2; 1963 c.572 §54; repealed by 1965
c.14 §2 (181.271 enacted in lieu of 181.270)]
181.271
Salaries of state police.
The salaries of members of the Oregon State Police shall be fixed in the same
manner as the salaries of other officers and employees in the unclassified
service pursuant to ORS 240.240. [1965 c.14 §3 (enacted in lieu of 181.270);
1971 c.467 §14]
181.280
Instruction; rules and regulations for discipline and control. The Superintendent of State Police shall:
(1) Provide the necessary preliminary and
subsequent instruction to recruits and troopers as to their duties as police
officers of the state.
(2) Make rules and regulations for the
discipline and control of the state police. [Amended by 1971 c.467 §15]
181.290
Grounds for removal of state police. The Superintendent of State Police may remove members of the Oregon
State Police in the manner prescribed in ORS 181.290 to 181.350 for
inefficiency, misfeasance, malfeasance, nonfeasance in office, violation of the
criminal laws of the state or of the United States, willful violation of any
rule or regulation of the Department of State Police, insubordination,
forfeiture of license to operate a motor vehicle, or physical or mental
disability not incurred in line of duty. [Amended by 1971 c.467 §16]
181.300
Proceeding for removal. (1)
Members of the Oregon State Police may be removed only after written charges
have been preferred and a hearing granted as prescribed in ORS 181.290 to
181.350.
(2) This section does not require a
hearing for:
(a) Disciplinary measures taken by the
superintendent or any commanding officer of a detachment for the punishment of
minor infractions of the rules or regulations of the Department of State
Police.
(b) Demotion of members.
(c) Removal of recruits. [Amended by 1971
c.467 §17]
181.310
Superintendent to make rules and regulations governing proceedings for removal. The Superintendent of State Police shall
make rules and regulations providing for:
(1) The filing of written charges against
an accused member of the Oregon State Police.
(2) A hearing by the trial board on the
charges upon not less than 10 days’ notice.
(3) An opportunity to the accused member
to produce proof in the defense of the accused member. [Amended by 1971 c.467 §18]
181.320
Trial board; members; presiding officer. A trial board to hear charges against members of the Oregon State
Police shall consist of the Superintendent of State Police and two commissioned
officers, senior in service, appointed by the superintendent. The
superintendent shall be the presiding officer of the trial board. Upon written
order of the superintendent, any commissioned officer appointed or designated
by the superintendent may sit as presiding officer of the trial board. [Amended
by 1971 c.467 §19]
181.330
Hearing on charges; compelling attendance of witnesses; fees and mileage. The presiding officer of the trial board
shall make all necessary rulings during the course of the hearing which may be
held at any place designated by the Superintendent of State Police. The
superintendent or the officer acting in the stead of the superintendent as
presiding officer of the trial board is empowered to issue subpoenas to compel
the attendance of witnesses and the production of evidence and to administer
all necessary oaths. Persons summoned as witnesses before the trial board shall
be entitled to fees and mileage provided for witnesses in ORS 44.415 (2).
Failure or refusal to obey any subpoena shall be brought to the attention of
the circuit court for the county in which the hearing is held and shall be
punished by that court as a contempt. [Amended by 1989 c.980 §10]
181.340
Finding of trial board; action by superintendent. If the charges are proved the trial board
shall make a written finding of guilty and recommend either removal of the
member of the Oregon State Police or such disciplinary punishment as, in their
opinion, the offense merits. Thereupon the Superintendent of State Police shall
direct the removal or punishment. If any member refuses to attend the hearing
or abide by any such disciplinary order, the superintendent may by order remove
the member forthwith. [Amended by 1971 c.467 §20]
181.350
Procedure for review of decision of trial board. The decisions of the trial board shall be
subject to review by the Court of Appeals. The procedure for review shall be as
provided in ORS 183.482. [Amended by 1979 c.772 §14]
181.360
Directors of forensic laboratories. The Superintendent of State Police shall appoint:
(1) The director of each forensic
laboratory, who shall have charge and supervision over the laboratory under the
general supervision of the superintendent.
(2) The assistants necessary for the
operation of the laboratories. [Amended by 1971 c.467 §24; 2001 c.870 §13]
181.370 [Repealed by 1971 c.467 §26]
181.380 [Repealed by 1971 c.467 §26]
181.390
Oath of members of state police. Each member of the Oregon State Police shall take and subscribe to an
oath of office to support the Constitution and laws of the
181.400
Interference with personal and property rights of others. No member of the state police shall in any
way interfere with the rights or property of any person, except for the
prevention of crime, or the capture or arrest of persons committing crimes. [Amended
by 1971 c.467 §25; 1991 c.145 §1]
181.410
Records and reports of time spent in performance of duties; approval of claims;
rules. (1) Under rules and
regulations to be promulgated by the Superintendent of State Police, with the
approval of the Governor, all state police shall be required to keep a record
of the time spent in the performance of their various duties and report same to
the superintendent at such times as the superintendent shall direct.
(2) The superintendent shall approve all
claims. [Amended by 1957 c.521 §4; 1959 c.480 §3]
181.415 [1967 c.194 §1; repealed by 1977 c.249 §1]
181.420 [Amended by 1957 c.7 §1; repealed by 1971
c.743 §432]
181.440
Eligibility of towing business to be placed on department list; rules. The Superintendent of State Police may make
rules governing the eligibility of towing businesses to be placed and remain on
any list of such businesses used by the Department of State Police when it
requests towing services on behalf of any person. [1987 c.112 §2]
STATE POLICE
AS EXPERT WITNESSES
181.450
Definitions for ORS 181.450 to 181.490. For the purposes of ORS 181.450 to 181.490:
(1) “Member of the Department of State
Police” includes those persons designated as sworn officers by the
Superintendent of State Police.
(2) “Tribunal” means any person or body
before which attendance of witnesses may be required by subpoena, including an
arbitrator in arbitration proceedings. [1989 c.725 §2]
181.455
Member of state police as expert witness; subpoena. (1) Whenever a member of the Department of
State Police is called as an expert witness by a party by whom the member is
not employed, a subpoena requiring attendance may be served by delivering a
copy either to such member personally or to the member’s immediate superior.
(2) Any person causing a subpoena to be
issued to compel the attendance of a member of the Department of State Police
before a tribunal shall indicate on the face of that subpoena whether the
person or the person’s representative intends to ask the expert opinion of the
member as to any aspect of the proceedings. No member of the Department of
State Police may be required by a tribunal to give the member’s expert opinion
on any matter before the tribunal unless the subpoena compelling the member’s
presence indicates that the member’s expert opinion will be asked. [1989 c.725 §4]
181.460
Payment of member called as expert witness; reimbursement of department;
deposit. (1) Any member of
the Department of State Police who is obliged by a subpoena issued pursuant to
ORS 181.455 (2) to attend as an expert witness shall receive the salary or
other compensation to which the member is normally entitled from the Department
of State Police during the time that the member travels to and from the place
where the court or other tribunal is located and while the member is required
to remain at such place pursuant to such subpoena. The member shall also receive
from the Department of State Police the actual necessary and reasonable
traveling expenses incurred in complying with the subpoena.
(2) The party at whose request a subpoena
is issued pursuant to ORS 181.455 (2) compelling the attendance of a member of
the Department of State Police as an expert witness shall reimburse the
Department of State Police for the full cost to the department incurred in
reimbursing the member as provided in subsection (1) of this section for each
day that the member is required to remain in attendance pursuant to the
subpoena. The amount of $160 shall be deposited with the clerk of the court or
with the tribunal prior to the issuance of a subpoena issued pursuant to ORS
181.455 (2) to compel the attendance of a member of the Department of State
Police as an expert witness for each day that the member is required to remain
in attendance pursuant to the subpoena. If the person causing the issuance of a
subpoena requiring the expert opinion of a member of the Department of State
Police makes arrangements with the member and with the tribunal prior to the
issuance of the subpoena to take the testimony of the member by telephone, and
testimony by telephone is otherwise allowed by the Oregon Rules of Civil
Procedure, the amount of $80 shall be deposited with the clerk of the court or
with the tribunal prior to the issuance of the subpoena for each day that the
member is required to testify pursuant to the subpoena.
(3) If the actual expenses should later
prove to be less than the amount deposited, the excess of the amount deposited
shall be refunded.
(4) If the actual expenses should later
prove to be more than the amount deposited, the difference shall be paid to the
Department of State Police by the party at whose request the subpoena is
issued.
(5) If a court or tribunal continues a
proceeding on its own motion, no additional deposit may be required prior to
the issuance of a subpoena or the making of an order directing the member to
appear on the date to which the proceeding is continued. [1989 c.725 §5]
181.465
Demand for payment of deposit; effect of failure to pay on demand. Members of the Department of State Police
who are called as expert witnesses in civil cases may demand the payment of a
deposit as specified in ORS 181.460 (2) for one day, in advance, and when so
demanded shall not be compelled to attend until the deposit is paid. [1989
c.725 §3]
181.470
Deposit prior to requiring member of department to return beyond day stated in
subpoena. No member of the
Department of State Police shall be ordered to return by the court or tribunal
for subsequent proceedings beyond the day stated in the subpoena requiring the
member to give the member’s expert opinion referred to in ORS 181.455 (4) or
the day upon which the witness appeared pursuant to the provisions of ORS
181.480, unless the party at whose request the subpoena was issued, or the
party at whose request the witness is ordered to return, shall first deposit
with the clerk of the court or with the tribunal the same sum required to be
deposited for the issuance of a subpoena in the first instance. [1989 c.725 §6]
181.475
Application of ORS 181.455, 181.460 and 181.470 to subpoenas for depositions. The provisions of ORS 181.455, 181.460 and
181.470 apply to subpoenas issued for the taking of depositions of members of
the Department of State Police. [1989 c.725 §7]
181.480
Agreement to appear at time other than time specified in subpoena. A member of the Department of State Police
who has been subpoenaed pursuant to the provisions of ORS 181.455 or 181.475,
for the purpose of giving the member’s expert opinion, in lieu of attendance at
the time specified in the subpoena, may agree with the party at whose request
such subpoena was issued to appear at another time or pursuant to such notice
as may be agreed upon. [1989 c.725 §8]
181.485
Action by department to recover funds if member appearing as expert witness not
reimbursed. Whenever a
member of the Department of State Police appears as an expert witness pursuant
to ORS 181.450 to 181.490 and reimbursement is not made as provided for in ORS
181.450 to 181.490, the Department of State Police shall have standing to bring
an action in order to recover such funds. [1989 c.725 §9]
181.490
Exception to provisions of ORS 181.450 to 181.485. ORS 181.450 to 181.485 shall not apply to
any proceeding in which a public body is a party. For the purposes of this
section, “public body” has the meaning given in ORS 30.260. [1989 c.725 §10]
COMMUNITY
POLICING DEMONSTRATION PROJECTS
181.495
Grant program; eligibility; project elements. (1) The Department of State Police may administer a grant program for
statewide community policing demonstration projects. The department shall award
grants on the basis of appropriateness and effectiveness and shall consider
geographic and demographic factors in making the awards.
(2) To be eligible for a grant, a
community must:
(a) Demonstrate interaction between its
citizens and the police; and
(b) Have initiated planning for innovative
police strategies that are problem oriented, proactive and community based.
(3) A community must submit to the
department a proposal that provides the details of the community policing
project the community intends to implement. The project shall contain the
following elements:
(a) Community involvement, including
involving neighborhood associations, business groups, churches and other civic
organizations in establishing priorities for anticrime efforts involving the
police and other community agencies and providing recognition of and police
support to citizen-based anticrime efforts including, but not limited to, block
watches, task forces and alternative programs;
(b) Problem-solving orientation;
(c) Community-based deployment strategies
that fit the community’s problems, financial limitations and priorities, as
jointly determined by the citizens of the community, the elected officials and
the police; and
(d) Increased accountability of the police
to the citizens. [Formerly 184.413]
181.496
Evaluation of projects. The
Department of State Police shall evaluate the demonstration projects to
determine their effectiveness. [Formerly 184.415]
181.497
Training program for local law enforcement units. The Department of State Police may
administer a training program for local law enforcement units on community,
problem-oriented policing. The training shall include, but not be limited to,
familiarizing police officers with the problem-oriented policing model of
scanning for problems in the community, analyzing and responding to the
problems and assessing the results. [Formerly 184.417]
MISSING
PERSONS CLEARINGHOUSE
181.505
Establishment and maintenance of missing persons clearinghouse. (1) The Oregon State Police shall establish
and maintain a missing children and adults clearinghouse that receives from and
distributes to local law enforcement agencies, school districts, state and
federal agencies and the general public information regarding missing children
and adults.
(2) The information shall include
technical and logistical assistance, pictures, bulletins, training sessions,
reports and biographical materials that assist local efforts to locate missing
children and adults.
(3) The Oregon State Police shall maintain
a regularly updated computerized link with national and other statewide missing
person reporting systems or clearinghouses. [1989 c.1059 §1; 2007 c.500 §8]
Note: 181.505 and 181.506 were enacted into law by
the Legislative Assembly but were 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.
181.506
Duties of administrator of clearinghouse. The administrator of the missing children and adults clearinghouse
established pursuant to ORS 181.505 shall:
(1) Provide information and training to
local law enforcement agencies and child welfare agencies and to other state
agencies having child welfare duties.
(2) Appoint an advisory committee
consisting of persons with interest and training related to missing children
and adults to advise the administrator on operation of the clearinghouse and to
serve without compensation or expense reimbursement.
(3) Seek public and private grants and
gifts for purposes of the clearinghouse and the duties required by this
section.
(4) Maintain a 24-hour hotline to receive
and provide information on missing children and adults. [1989 c.1059 §2; 2007
c.500 §9]
Note: See note under 181.505.
181.507 [1993 c.807 §1; renumbered 181.585 in 1995]
181.508 [1993 c.807 §2; renumbered 181.586 in 1995]
181.509 [1993 c.807 §3; renumbered 181.587 in 1995]
181.510 [1963 c.547 §3; repealed by 1975 c.548 §4
(181.511 enacted in lieu of 181.510)]
CRIME
REPORTING
181.511
Fingerprints, identifying data, disposition report required upon arrest. (1) A law enforcement agency immediately
upon the arrest of a person for a crime for which criminal offender information
must be provided under ORS 181.515 shall:
(a) Place the arrested person’s
fingerprints and identifying data on forms prescribed or furnished by the
Department of State Police bureau of criminal identification, photograph the
arrested person and promptly transmit the form and photograph to the bureau.
(b) If the arrest is disposed of by the
arresting agency, cause the disposition report to be completed and promptly
transmitted to the bureau.
(c) If the arrest is not disposed of by
the agency, cause the disposition report to be forwarded, except as otherwise
provided in section 3, chapter 553, Oregon Laws 1987, to the court that will
dispose of the charge, for further action in accordance with ORS 181.521.
(2) A law enforcement agency may record,
in addition to fingerprints, the palm prints, sole prints, toe prints or other
personal identifiers when, in the discretion of the agency, it is necessary to
effect identification of the persons or to the investigation of the crime
charged.
(3) A law enforcement agency, for the
purpose of identification, may record and submit to the bureau the fingerprints
of persons arrested for crimes for which criminal offender information is not
required under ORS 181.515. [1975 c.548 §5 (enacted in lieu of 181.510); 1983
c.763 §55; 1987 c.475 §6; 1987 c.553 §1; 2007 c.71 §55]
181.515
Crimes for which criminal offender information is required. The following crimes are crimes for which
criminal offender information must be provided:
(1) Any felony;
(2) Any misdemeanor or other offense which
involves criminal sexual conduct; or
(3) Any crime which involves a violation
of the Uniform Controlled Substances Act. [1987 c.475 §4]
181.517 [1989 c.984 §1; 1991 c.386 §10; 1991 c.389 §1;
1993 c.147 §1; 1995 c.422 §59; 1995 c.429 §1; 1995 c.768 §11; renumbered
181.594 in 1995]
181.518 [1989 c.984 §2; 1991 c.389 §2; 1993 c.147 §2;
1995 c.422 §60; renumbered 181.595 in 1995]
181.519 [1989 c.984 §3; 1991 c.389 §3; 1993 c.147 §3;
1995 c.422 §61; renumbered 181.596 in 1995]
181.520 [1963 c.547 §4; repealed by 1975 c.548 §6
(181.521 enacted in lieu of 181.520)]
181.521
Transmittal of disposition report. When a court receives a disposition report from a law enforcement
agency pursuant to ORS 181.511, the court shall transmit disposition
information to the Department of State Police bureau of criminal identification
in a manner and format determined by the State Court Administrator after
consultation with the bureau. [1975 c.548 §6a (enacted in lieu of 181.520);
1983 c.763 §56; 1987 c.553 §2; 2007 c.71 §56]
181.525
Copy of certain disposition reports to Teacher Standards and Practices
Commission and Department of Education. Whenever any court or district attorney receives a disposition report
and the court or district attorney has cause to believe that the arrested
person who is the subject of the report is an employee of a school district or
is licensed as a school teacher or administrator and that the charge involves a
violation of any crime listed in ORS 342.143 (3) or 342.175 (2), the court or
district attorney shall cause the Teacher Standards and Practices Commission
and the Department of Education to be sent a copy of the completed disposition
report. [1987 c.503 §4; 1993 c.674 §2]
181.530
Report of release or escape from state institution of certain inmates. (1) The superintendent of any institution of
this state shall notify the Department of State Police bureau of criminal
identification prior to the release or immediately after the escape from the
institution of any person committed to the institution for a crime for which a
report is required or under civil commitment as a sexually dangerous person.
The notice shall state the name of the person to be released or who has
escaped, the county in which the person was convicted or from which the person
was committed and, if known, the address or locality at which the person will
reside.
(2) Promptly upon receipt of the notice
required by subsection (1) of this section, the bureau shall notify all law
enforcement agencies in the county in which the person was convicted or from
which the person was committed and in the county, if known, in which the person
will reside. [1963 c.547 §5; 2007 c.71 §57]
181.533
Criminal records check; qualified entities; rules. (1) As used in this section:
(a) “Authorized agency” means the
Department of State Police or other governmental agency designated by the state
to report, receive or disseminate criminal offender information.
(b) “Qualified entity” means a business or
organization that:
(A) Provides care or placement services,
or licenses or certifies others to provide care or placement services, for
children, elderly persons or dependent persons;
(B) Is not governed by a state regulatory
or licensing agency; and
(C) Has been determined by an authorized
agency to meet the criteria established by the authorized agency by rule under
subsection (9) of this section.
(c) “Subject individual” means a person
who is employed or seeks to be employed by a qualified entity or who is
providing services or seeks to provide services to a qualified entity on a
contractual or volunteer basis.
(2) An entity may request from an authorized
agency a criminal records check for purposes of evaluating the fitness of a
subject individual as an employee, contractor or volunteer. The authorized
agency may access state and federal criminal records under this subsection only
through use of the subject individual’s fingerprints.
(3) Before an authorized agency may
conduct a criminal records check under this section:
(a) The authorized agency shall determine
whether the entity requesting the criminal records check is a qualified entity;
(b) The qualified entity must establish
criteria to be used by the authorized agency in reviewing the criminal offender
information for a final record check determination;
(c) The qualified entity must provide the
criteria established under paragraph (b) of this subsection to the authorized
agency; and
(d) The qualified entity must have
informed the subject individual that the qualified entity might request a
fingerprint-based criminal records check and that the subject individual may
obtain a copy of the record check report from, or challenge the accuracy or
completeness of the record check report through, the authorized agency or the
Federal Bureau of Investigation.
(4)(a) Upon receipt of a subject
individual’s criminal offender information, the authorized agency shall make a
final record check determination by comparing the criminal offender information
with the criteria provided to the authorized agency by the qualified entity
under subsection (3)(c) of this section. In making the final record check determination,
the authorized agency may consider only information that the Department of
State Police may disclose under ORS 181.560.
(b) An authorized agency is immune from
civil liability that might otherwise be incurred or imposed for making the
final record check determination under this subsection.
(5) An authorized agency may not transfer
a fingerprint card used to conduct the criminal records check unless the public
agency or person receiving the fingerprint card agrees to destroy or return the
fingerprint card to the authorized agency.
(6) If the public agency or person returns
a fingerprint card to the authorized agency, the authorized agency shall
destroy the fingerprint card. The authorized agency may not keep a record of
the fingerprints.
(7) The authorized agency shall permit a
subject individual to inspect the individual’s
(8) Challenges to the accuracy or
completeness of information provided by the authorized agency, the Federal
Bureau of Investigation and agencies reporting information to the authorized
agency or bureau must be made through the authorized agency or bureau.
(9) The authorized agency shall adopt
rules to implement this section. The rules may include but are not limited to:
(a) Criteria to be used by the authorized
agency to determine whether an entity is a qualified entity; and
(b) Fees to be charged for conducting
criminal records checks under this section in amounts not to exceed the actual
costs of acquiring and furnishing criminal offender information. [2001 c.871 §1]
Note: 181.533 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.
181.534
Criminal records check; authorized agencies; rules. (1) As used in this section:
(a) “Authorized agency” means state
government as defined in ORS 174.111 and the Oregon State Bar. “Authorized
agency” does not include:
(A) The
(B) A criminal justice agency, as defined
in ORS 181.010, that is authorized by federal law to receive fingerprint-based
criminal records checks from the Federal Bureau of Investigation.
(b) “Subject individual” means a person
from whom an authorized agency may require fingerprints pursuant to statute for
the purpose of enabling the authorized agency to request a state or nationwide
criminal records check.
(2) An authorized agency may request that
the Department of State Police conduct a criminal records check on a subject
individual for non-criminal justice purposes. If a nationwide criminal records
check of a subject individual is necessary, the authorized agency may request
that the Department of State Police conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation.
(3) The Department of State Police shall
provide the results of a criminal records check conducted pursuant to
subsection (2) of this section to the authorized agency requesting the check.
(4) The Federal Bureau of Investigation
shall return or destroy the fingerprint cards used to conduct the criminal
records check and may not keep any record of the fingerprints. If the federal
bureau policy authorizing return or destruction of the fingerprint cards is
changed, the Department of State Police shall cease to send the cards to the
federal bureau but shall continue to process the information through other
available resources.
(5) If the Federal Bureau of Investigation
returns the fingerprint cards to the Department of State Police, the department
shall destroy the fingerprint cards and shall retain no facsimiles or other
material from which a fingerprint can be reproduced.
(6) If only a state criminal records check
is conducted, the Department of State Police shall destroy the fingerprint
cards after the criminal records check is completed and the results of the
criminal records check provided to the authorized agency and shall retain no
facsimiles or other material from which a fingerprint can be reproduced.
(7) An authorized agency may conduct
criminal records checks on subject individuals through the Law Enforcement Data
System maintained by the Department of State Police in accordance with rules
adopted, and procedures established, by the Department of State Police.
(8) An authorized agency and the
Department of State Police shall permit a subject individual for whom a
fingerprint-based criminal records check was conducted to inspect the
individual’s own state and national criminal offender records and, if requested
by the subject individual, provide the individual with a copy of the individual’s
own state and national criminal offender records.
(9) Each authorized agency, in
consultation with the Department of State Police, shall adopt rules to
implement this section and other statutes relating to criminal offender
information obtained through fingerprint-based criminal records checks. The
rules shall include but need not be limited to:
(a) Specifying categories of subject
individuals who are subject to criminal records checks.
(b) Specifying the information that may be
required from a subject individual to permit a criminal records check.
(c) Specifying which programs or services
are subject to this section.
(d) Specifying the types of crimes that
may be considered in reviewing criminal offender information of a subject
individual.
(e) Specifying when a nationwide
fingerprint-based criminal records check must be conducted. An authorized
agency shall consider the additional cost of obtaining a nationwide
fingerprint-based criminal records check when adopting rules under this
subsection.
(f) If the authorized agency uses criminal
records checks for agency employment purposes:
(A) Determining when and under what
conditions a subject individual may be hired on a preliminary basis pending a
criminal records check; and
(B) Defining the conditions under which a
subject individual may participate in training, orientation and work activities
pending completion of a criminal records check.
(g) Establishing fees in an amount not to
exceed the actual cost of acquiring and furnishing criminal offender
information.
(10) The Department of State Police shall
verify that an authorized agency has adopted the rules required by subsection
(9) of this section.
(11) Except as otherwise provided in ORS
181.612, an authorized agency, using the rules adopted under subsection (9) of
this section, shall determine whether a subject individual is fit to hold a
position, provide services, be employed or be granted a license, certification,
registration or permit, based on the criminal records check obtained pursuant
to this section, on any false statements made by the individual regarding the
criminal history of the individual and on any refusal to submit or consent to a
criminal records check including fingerprint identification. If a subject
individual is determined to be unfit, then the individual may not hold the
position, provide services, be employed or be granted a license, certification,
registration or permit.
(12) Except as otherwise provided in ORS
181.612, in making the fitness determination under subsection (11) of this
section, the authorized agency shall consider:
(a) The nature of the crime;
(b) The facts that support the conviction
or pending indictment or that indicate the making of the false statement;
(c) The relevancy, if any, of the crime or
the false statement to the specific requirements of the subject individual’s
present or proposed position, services, employment, license, certification or
registration; and
(d) Intervening circumstances relevant to
the responsibilities and circumstances of the position, services, employment,
license, certification, registration or permit. Intervening circumstances
include but are not limited to:
(A) The passage of time since the
commission of the crime;
(B) The age of the subject individual at
the time of the crime;
(C) The likelihood of a repetition of
offenses or of the commission of another crime;
(D) The subsequent commission of another
relevant crime;
(E) Whether the conviction was set aside
and the legal effect of setting aside the conviction; and
(F) A recommendation of an employer.
(13) An authorized agency and an employee
of an authorized agency acting within the course and scope of employment are
immune from any civil liability that might otherwise be incurred or imposed for
determining, pursuant to subsection (11) of this section, that a subject
individual is fit or not fit to hold a position, provide services, be employed
or be granted a license, certification, registration or permit. An authorized
agency and an employee of an authorized agency acting within the course and
scope of employment who in good faith comply with this section are not liable
for employment-related decisions based on determinations made under subsection
(11) of this section. An authorized agency or an employee of an authorized
agency acting within the course and scope of employment is not liable for
defamation or invasion of privacy in connection with the lawful dissemination
of information lawfully obtained under this section.
(14)(a) Each authorized agency shall establish
by rule a contested case process by which a subject individual may appeal the
determination that the individual is fit or not fit to hold a position, provide
services, be employed or be granted a license, certification, registration or
permit on the basis of information obtained as the result of a criminal records
check conducted pursuant to this section. Challenges to the accuracy or
completeness of information provided by the Department of State Police, the
Federal Bureau of Investigation and agencies reporting information to the
Department of State Police or Federal Bureau of Investigation must be made
through the Department of State Police, Federal Bureau of Investigation or
reporting agency and not through the contested case process required by this
paragraph.
(b) A subject individual who is employed
by an authorized agency and who is determined not to be fit for a position on
the basis of information obtained as the result of a criminal records check
conducted pursuant to this section may appeal the determination through the
contested case process adopted under this subsection or applicable personnel
rules, policies and collective bargaining provisions. An individual’s decision
to appeal a determination through personnel rules, policies and collective
bargaining provisions is an election of remedies as to the rights of the
individual with respect to the fitness determination and is a waiver of the
contested case process.
(15) Criminal offender information is
confidential. Authorized agencies and the Department of State Police shall
adopt rules to restrict dissemination of information received under this
section to persons with a demonstrated and legitimate need to know the
information.
(16) If a subject individual refuses to
consent to the criminal records check or refuses to be fingerprinted, the
authorized agency shall deny the employment of the individual, or revoke or
deny any applicable position, authority to provide services, license,
certification, registration or permit.
(17) If an authorized agency requires a
criminal records check of employees, prospective employees, contractors,
vendors or volunteers or applicants for a license, certification, registration
or permit, the application forms of the authorized agency must contain a notice
that the person is subject to fingerprinting and a criminal records check. [2005
c.730 §2]
Note: 181.534 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.
181.535 [1975 c.549 §19; repealed by 2005 c.730 §77]
181.536 [1997 c.753 §§15,16; 1999 c.59 §37; 1999
c.1057 §2; repealed by 2005 c.730 §77]
181.537
Authority of Department of Human Services and Employment Department to require
fingerprints; qualified entities; rules. (1) As used in this section:
(a) “Care” means the provision of care,
treatment, education, training, instruction, supervision, placement services,
recreation or support to children, the elderly or persons with disabilities.
(b) “Qualified entity” means a community
mental health and developmental disabilities program, a local health department
or an individual or business or organization, whether public, private,
for-profit, nonprofit or voluntary, that provides care, including a business or
organization that licenses, certifies or registers others to provide care.
(2) The Department of Human Services and
the Employment Department may require the fingerprints of a person for the
purpose of requesting a state or nationwide criminal records check of the
person under ORS 181.534:
(a) For agency employment purposes;
(b) For the purposes of licensing,
certifying, registering or otherwise regulating or administering programs, persons
or qualified entities that provide care;
(c) For the purposes of employment
decisions by or for qualified entities that are regulated or otherwise subject
to oversight by the Department of Human Services and that provide care; or
(d) For the purposes of employment
decisions made by a mass transit district or transportation district for
qualified entities that, under contracts with the district or the Department of
Human Services, employ persons to operate motor vehicles for the transportation
of medical assistance program clients.
(3) The Department of Human Services may
conduct criminal records checks on a person through the Law Enforcement Data
System maintained by the Department of State Police, if deemed necessary by the
Department of Human Services to protect children, elderly persons, persons with
disabilities or other vulnerable persons.
(4) The Department of Human Services may
furnish to qualified entities, in accordance with the Department of Human
Services’ rules and the rules of the Department of State Police, information
received from the Law Enforcement Data System. However, any criminal offender
records and information furnished to the Department of Human Services by the
Federal Bureau of Investigation through the Department of State Police may not
be disseminated to qualified entities.
(5) A qualified entity, using rules
adopted by the Department of Human Services, shall determine under this section
whether a person is fit to hold a position, provide services, be employed or,
if the qualified entity has authority to make such a determination, be
licensed, certified or registered, based on the criminal records check obtained
pursuant to ORS 181.534, any false statements made by the person regarding the
criminal history of the person and any refusal to submit or consent to a
criminal records check including fingerprint identification. If a person is
determined to be unfit, then that person may not hold the position, provide
services or be employed, licensed, certified or registered.
(6) In making the fitness determination
under subsection (5) of this section, the qualified entity shall consider:
(a) The nature of the crime;
(b) The facts that support the conviction
or pending indictment or indicate the making of the false statement;
(c) The relevancy, if any, of the crime or
the false statement to the specific requirements of the person’s present or
proposed position, services, employment, license, certification or
registration; and
(d) Intervening circumstances relevant to
the responsibilities and circumstances of the position, services, employment,
license, certification or registration. Intervening circumstances include but
are not limited to the passage of time since the commission of the crime, the
age of the person at the time of the crime, the likelihood of a repetition of
offenses, the subsequent commission of another relevant crime and a
recommendation of an employer.
(7) The Department of Human Services and
the Employment Department may make fitness determinations based on criminal
offender records and information furnished by the Federal Bureau of
Investigation through the Department of State Police only as provided in ORS
181.534.
(8) A qualified entity and an employee of
a qualified entity acting within the course and scope of employment are immune
from any civil liability that might otherwise be incurred or imposed for
determining pursuant to subsection (5) of this section that a person is fit or
not fit to hold a position, provide services or be employed, licensed, certified
or registered. A qualified entity, employee of a qualified entity acting within
the course and scope of employment and an employer or employer’s agent who in
good faith comply with this section and the decision of the qualified entity or
employee of the qualified entity acting within the course and scope of
employment are not liable for the failure to hire a prospective employee or the
decision to discharge an employee on the basis of the qualified entity’s
decision. An employee of the state acting within the course and scope of
employment is not liable for defamation or invasion of privacy in connection
with the lawful dissemination of information lawfully obtained under this
section.
(9) The Department of Human Services shall
develop a system that maintains information regarding criminal records checks
in order to minimize the administrative burden imposed by this section and ORS
181.534. Records maintained under this subsection are confidential and may not
be disseminated except for the purposes of this section and in accordance with
the rules of the Department of Human Services and the Department of State
Police. Nothing in this subsection permits the Department of Human Services to
retain fingerprint cards obtained pursuant to this section.
(10) In addition to the rules required by
ORS 181.534, the Department of Human Services, in consultation with the
Department of State Police, shall adopt rules:
(a) Specifying which qualified entities
are subject to this section;
(b) Specifying which qualified entities
may request criminal offender information;
(c) Specifying which qualified entities
are responsible for deciding whether a subject individual is not fit for a
position, service, license, certification, registration or employment; and
(d) Specifying when a qualified entity, in
lieu of conducting a completely new criminal records check, may proceed to make
a fitness determination under subsection (5) of this section using the
information maintained by the Department of Human Services pursuant to subsection
(9) of this section.
(11) If a person refuses to consent to the
criminal records check or refuses to be fingerprinted, the qualified entity
shall deny or terminate the employment of the person, or revoke or deny any
applicable position, authority to provide services, employment, license,
certification or registration.
(12) If the qualified entity requires a
criminal records check of employees or other persons, the application forms of
the qualified entity must contain a notice that employment is subject to
fingerprinting and a criminal records check. [1979 c.732 §2; 1983 c.714 §1;
1985 c.792 §1; 1989 c.364 §4; 1989 c.439 §1; 1991 c.390 §1; 1993 c.344 §48;
1993 c.674 §10; 1995 c.446 §1; 1997 c.753 §1; 1999 c.1057 §1; 2003 c.14 §79;
2003 c.200 §1; 2005 c.730 §3]
181.538
Criminal identification information available to Native American tribe. (1) Upon the request of a Native American
tribe, and in compliance with procedures adopted by the Department of State
Police under ORS 181.555, the Department of State Police shall furnish to the
authorized staff of the Native American tribe such information on a subject
individual or contractor as the Department of State Police may have in its
possession from its central bureau of criminal identification, including but
not limited to manual or computerized criminal offender information. With the
approval of the Department of State Police, a local law enforcement agency may
furnish the information described in this subsection to a Native American
tribe.
(2)(a) Subsequent to furnishing the
information required under subsection (1) of this section, the Department of
State Police shall conduct nationwide criminal records checks of the subject
individual or contractor through the Federal Bureau of Investigation by use of
the subject individual’s or contractor’s fingerprints and shall report the
results to the staff of the Native American tribe, who must be specifically
authorized to receive the information. In accordance with the procedures of the
Department of State Police, a local law enforcement agency may conduct the
criminal records check described in this paragraph if the local law enforcement
agency has received approval under subsection (1) of this section.
(b) The Department of State Police shall
return the fingerprint cards to the Native American tribe.
(3) For purposes of requesting and
receiving the information and data described in subsections (1) and (2) of this
section, Native American tribes are designated agencies for purposes of ORS
181.010 to 181.560 and 181.715 to 181.730.
(4) As used in this section:
(a) “Contractor” means any natural person
or corporation, trust, association, partnership, joint venture, subsidiary or
other business entity with whom a Native American tribe intends to contract for
the purpose of providing supplies or services related to tribal gaming, or any
control person of a contractor.
(b) “Control person” means:
(A) In a privately owned corporation, the
officers, directors and stockholders of the parent company and, if applicable,
each of its subsidiaries.
(B) In a publicly owned corporation, the
officers and directors of the parent company, each of its subsidiaries and
stockholders owning at least 15 percent of the company’s stock.
(C) In a trust, the trustee and all
persons entitled to receive income or benefit from the trust.
(D) In an association, the members,
officers and directors.
(E) In a partnership or joint venture, the
general partners, limited partners or joint venturers.
(F) A member of the immediate family of any
of the persons listed in subparagraphs (A) to (E) of this paragraph if the
person is involved in the business.
(G) A subcontractor of a contractor, if
the subcontractor performs more than 50 percent of the contractor’s contract
with the Native American tribe.
(c) “Native American tribe” means any
recognized Native American tribe or band of tribes:
(A) Authorized by the Indian Gaming
Regulatory Act of October 17, 1988 (Public Law 100-497), 25 U.S.C. 2701 et
seq., and the State of Oregon to conduct gambling operations on tribal land; or
(B) Eligible for special programs and
services provided by the
(d) “Subject individual” means a person
who is:
(A) Applying for employment at a tribal
gaming facility as a key employee, high security employee, low security
employee or management employee; or
(B) Employed or applying for employment
with a tribal government or agency responsible for child care, child welfare,
law enforcement, education, health care, housing or social services. [1995
c.723 §1; 2001 c.871 §4]
Note: 181.538 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.
181.539 [1993 c.674 §3; 1995 c.67 §39; 1995 c.446 §2;
1997 c.536 §3; 1999 c.199 §6; 1999 c.200 §24; 1999 c.1054 §3; 2001 c.407 §3;
2005 c.512 §27; 2005 c.730 §78; 2007 c.858 §59; repealed by 2007 c.35 §7]
181.540 [1963 c.547 §7; 1973 c.794 §16; 1975 c.548 §7;
1979 c.518 §1; 1981 c.905 §3; 1983 c.338 §900; 1987 c.503 §5; 1995 c.134 §2;
renumbered 181.548 in 2003]
181.541 [2003 c.250 §1; 2005 c.730 §5; renumbered
178.065 in 2005]
181.548
Confidentiality of some records. (1) Notwithstanding the provisions of ORS 192.410 to 192.505 relating
to public records the fingerprints, photographs, records and reports compiled
under ORS 137.225, 181.010, 181.511, 181.521, 181.555, 805.060 and this section
are confidential and exempt from public inspection except:
(a) As ordered by a court;
(b) As provided in rules adopted by the
Department of State Police under ORS chapter 183 to govern access to and use of
computerized criminal offender information including access by an individual
for review or challenge of the individual’s own records;
(c) As provided in ORS 181.555 and
181.560;
(d) As provided in ORS 181.525; or
(e) As provided in ORS 418.747 (5).
(2) The records of the department of crime
reports to the department and of arrests made by the department, however, shall
not be confidential and shall be available in the same manner as the records of
arrest and reports of crimes of other law enforcement agencies under ORS
192.501 (3). [Formerly 181.540]
181.550
Reporting of crime statistics.
(1) All law enforcement agencies shall report to the Department of State Police
statistics concerning crimes:
(a) As directed by the department, for
purposes of the Uniform Crime Reporting System of the Federal Bureau of
Investigation.
(b) As otherwise directed by the Governor
concerning general criminal categories of criminal activities but not
individual criminal records.
(c) Motivated by prejudice based on the
perceived race, color, religion, national origin, sexual orientation, marital
status, political affiliation or beliefs, membership or activity in or on
behalf of a labor organization or against a labor organization, physical or
mental disability, age, economic or social status or citizenship of the victim.
(d) And other incidents arising out of
domestic disturbances under ORS 133.055 (2) and 133.310 (3).
(2) The department shall prepare:
(a) Quarterly and annual reports for the
use of agencies reporting under subsection (1) of this section, and others
having an interest therein;
(b) An annual public report of the
statistics on the incidence of crime motivated by prejudice based on the
perceived race, color, religion, national origin, sexual orientation, marital
status, political affiliation or beliefs, membership or activity in or on
behalf of a labor organization or against a labor organization, physical or
mental disability, age, economic or social status or citizenship of the victim;
(c) Quarterly and annual reports of the
statistics on the incidence of crimes and incidents of domestic disturbances;
and
(d) Special reports as directed by the
Governor. [1973 c.130 §2; 1989 c.1028 §1; 1991 c.552 §1; 1993 c.188 §11; 2007
c.70 §46]
181.555
Establishment of procedures for access to criminal record information; rules. The Department of State Police shall adopt
rules under ORS chapter 183 establishing procedures:
(1) To provide access to criminal offender
information by criminal justice agencies and by other state and local agencies.
(2)(a) To permit a person or agency not included
in subsection (1) of this section to inquire as to whether the department has
compiled criminal offender information on an individual.
(b) To provide that any person making an
inquiry under paragraph (a) of this subsection furnish the department with such
information known to the inquirer as will assist the department in identifying
and notifying the individual about whom the information is sought. If the
information is sought by an employer for employment purposes, the employer
first shall have advised the employee or prospective employee that such
information might be sought and shall state upon making the request that the
individual has been so advised and the manner in which the individual was so
advised.
(3) To provide each individual about whom
criminal offender information has been compiled the right to inspect and
challenge that criminal offender information.
(4) Providing for purging or updating of
inaccurate or incomplete information. [1975 c.548 §8; 1981 c.905 §6]
181.556
Fee waiver. (1) When the
Department of State Police is asked to provide criminal offender information
under ORS 181.533 or 181.555 (2), the department shall waive any fee otherwise
charged by the department for providing the information if:
(a) The request is made by an
organization; and
(b) The individual about whom the criminal
offender information is sought is a volunteer, or prospective volunteer, of the
organization.
(2) In addition to waiving any fee
otherwise charged by the department, the department may not charge the
individual or organization the fee charged by the Federal Bureau of
Investigation for conducting nationwide criminal records checks.
(3) As used in this section:
(a) “Dependent person” means a person who,
because of physical or mental disability, or medical disability due to alcohol
or drug dependence, needs mentoring or tutoring programs.
(b) “Elderly person” means a person 65
years of age or older.
(c) “Mentoring program” means a program
that provides a committed, sustained, one-to-one relationship between a
volunteer and a youth, dependent person or elderly person that allows the
youth, dependent person or elderly person to achieve that person’s greatest
potential. A sustained relationship typically lasts nine months or longer.
(d) “Organization” means a qualified
entity that:
(A) Is exempt from taxation under section
501(c) of the Internal Revenue Code, as amended and in effect on January 1,
2002; and
(B) Provides mentoring programs or
tutoring programs.
(e) “Qualified entity” has the meaning
given that term in ORS 181.533.
(f) “Tutoring program” means a program
that provides a committed, sustained, one-to-one relationship between a
volunteer and a youth, dependent person or elderly person based upon a
specified activity that increases specific skills of the youth, dependent
person or elderly person. A sustained relationship typically lasts nine months
or longer.
(g) “Youth” means a person who has not
attained 18 years of age. [1999 c.777 §2; 2001 c.871 §2]
Note: 181.556 was added to and made a part of
181.010 to 181.560 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
181.557
Procedure when information requested by designated agency. (1) When a designated agency requests
criminal offender information about an individual from the Department of State
Police under ORS 181.555 (1) for agency employment, licensing or other
permissible purposes, the agency shall provide documentation that the
individual:
(a) Gave prior written consent for the
agency to make a criminal offender record check through the department; or
(b) Has received written notice from the
agency that a criminal offender record check may be made through the
department. Notice shall be provided prior to the time the request is made and
shall include:
(A) A statement that the individual may
challenge the accuracy of criminal offender information and notice of the
manner in which the individual may be informed of the procedures adopted under
ORS 181.555 (3) for challenging inaccurate criminal offender information; and
(B) A statement that Title VII of the
Civil Rights Act of 1964 may apply to some individuals affected by this
subsection, notice of the manner in which the individual may become informed of
rights, if any, under Title VII of the Civil Rights Act of 1964, and notice
that discrimination by an employer on the basis of arrest records alone may
violate federal civil rights law and that the individual may obtain further
information by contacting the Bureau of Labor and Industries.
(2) Notwithstanding subsection (1) of this
section, the Department of Human Services may obtain criminal offender
information from the Department of State Police about an individual without
first obtaining the individual’s written consent or giving written notice to
the individual when:
(a) The criminal offender record check is
requested for the purpose of investigating a report of child abuse or neglect;
and
(b) The individual is either an alleged
perpetrator of the reported child abuse or neglect or is an individual who
resides in or frequents the alleged victim’s residence.
(3)(a) The Department of Human Services
shall provide written notice to the individual of the criminal offender record
check after the department obtains criminal offender information under
subsection (2) of this section.
(b) Notice provided under this subsection
shall include:
(A) A statement that the individual may
challenge the accuracy of criminal offender information and notice of the manner
in which the individual may be informed of the procedures adopted under ORS
181.555 (3) for challenging inaccurate criminal offender information; and
(B) A statement that Title VII of the
Civil Rights Act of 1964 may apply to some individuals affected by this
subsection and notice of the manner in which the individual may become informed
of rights, if any, under Title VII of the Civil Rights Act of 1964. [1989 c.364
§2; 2007 c.543 §1]
181.560
Procedure when information requested by other than criminal justice agency. (1) When a person or agency, other than a
criminal justice agency or a law enforcement agency, pursuant to ORS 181.555
(2), requests from the Department of State Police criminal offender information
regarding an individual, if the department’s compiled criminal offender
information on the individual contains records of any conviction, or of any
arrest less than one year old on which there has been no acquittal or
dismissal, the department shall respond to the request as follows:
(a) The department shall send prompt
written notice of the request to the individual about whom the request has been
made. The department shall address the notice to the individual’s last address
known to the department and to the individual’s address, if any, supplied by
the person making the request. However, the department has no obligation to
insure that the addresses are current. The notice shall state that the
department has received a request for information concerning the individual and
shall identify the person or agency making the request. Notice to the
individual about whom the request is made shall include:
(A) A copy of all information to be
supplied to the person or agency making the request;
(B) Notice to the individual of the manner
in which the individual may become informed of the procedures adopted under ORS
181.555 (3) for challenging inaccurate criminal offender information; and
(C) Notice to the individual of the manner
in which the individual may become informed of rights, if any, under Title VII
of the Civil Rights Act of 1964, and notice that discrimination by an employer
on the basis of arrest records alone may violate federal civil rights law and
that the individual may obtain further information by contacting the Bureau of
Labor and Industries.
(b) Fourteen days after sending notice to
the individual about whom the request is made, the department shall deliver to
the person or agency making the request the following information if held
regarding any convictions and any arrests less than one year old on which the
records show no acquittal or dismissal:
(A) Date of arrest.
(B) Offense for which arrest was made.
(C) Arresting agency.
(D) Court of origin.
(E) Disposition, including sentence
imposed, date of parole if any and parole revocations if any.
(c) The department shall deliver only the
data authorized under paragraph (b) of this subsection.
(d) The department shall inform the person
or agency requesting the criminal offender information that the department’s
response is being furnished only on the basis of similarity of names and
description and that identification is not confirmed by fingerprints.
(2) If the department holds no criminal
offender information on an individual, or the department’s compiled criminal
offender information on the individual consists only of nonconviction data, the
department shall respond to a request under this section that the individual
has no criminal record and shall release no further information.
(3) The department shall keep a record of
all persons and agencies making inquiries under ORS 181.555 (2) and shall keep
a record of the names of the individuals about whom such persons or agencies
are inquiring, regardless of whether the department has compiled any criminal
offender information on the individuals. These records shall be public records
and shall be available for inspection under ORS 192.410 to 192.505.
(4) Nothing in ORS 181.066, 181.548,
181.555 or this section is intended to prevent the department from charging a
reasonable fee, pursuant to ORS 192.440, for responding to a criminal offender
information inquiry or for making information available under ORS 181.555 or
this section. [1981 c.905 §5]
181.570 [1975 c.375 §1; repealed by 1979 c.485 §1]
181.575
Specific information not to be collected or maintained. No law enforcement agency, as defined in ORS
181.010, may collect or maintain information about the political, religious or
social views, associations or activities of any individual, group, association,
organization, corporation, business or partnership unless such information
directly relates to an investigation of criminal activities, and there are
reasonable grounds to suspect the subject of the information is or may be
involved in criminal conduct. [1981 c.905 §8]
Note: 181.575 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.
181.580
Report of suspected criminal homicide; form and time of report; compilation;
comparison. (1) As used in
this section, “criminal homicide” has the meaning provided in ORS 163.005.
(2) Any criminal justice agency within the
State of
(3) When an investigating criminal justice
agency terminates active investigation of a suspected criminal homicide due to
an arrest having been made in the case, death of the primary suspect, or
whatever other reason, the investigating agency shall so notify the Department
of State Police within 30 days following such termination. Notification shall
include the reason for terminating active investigation. [1985 c.609 §1; 1991
c.885 §5]
Note: 181.580 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.
PREDATORY SEX
OFFENDER NOTICE PROCEDURE
181.585
“Predatory sex offender” defined; determination. (1) For purposes of ORS 181.585 to 181.587,
a person is a predatory sex offender if the person exhibits characteristics
showing a tendency to victimize or injure others and has been convicted of a
sex crime listed in ORS 181.594 (4)(a) to (d), has been convicted of attempting
to commit one of those crimes or has been found guilty except for insanity of
one of those crimes.
(2) In determining whether a person is a
predatory sex offender, an agency shall use a sex offender risk assessment
scale approved by the Department of Corrections or a community corrections
agency. [Formerly 181.507; 1997 c.538 §10; 2005 c.567 §16]
Note: 181.585 to 181.587 were enacted into law by
the Legislative Assembly but were 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.
181.586
Notice to appropriate persons of supervised predatory sex offender; content;
additional duties of supervising agency. (1)(a) If the State Board of Parole and Post-Prison Supervision for a
person on parole or post-prison supervision or the Department of Corrections or
a community corrections agency for a person on probation makes a determination
that the person under its supervision is a predatory sex offender, the agency
supervising the person shall notify:
(A) Anyone whom the agency determines is
appropriate that the person is a predatory sex offender; and
(B) A long term care facility, as defined
in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that
the person is a predatory sex offender if the agency knows that the person is
seeking admission to the facility.
(b) When a predatory sex offender has been
subsequently convicted of another crime and is on supervision for that crime,
the agency supervising the person, regardless of the nature of the crime for
which the person is being supervised:
(A) May notify anyone whom the agency
determines is appropriate that the person is a predatory sex offender; and
(B) Shall notify a long term care
facility, as defined in ORS 442.015, or a residential care facility, as defined
in ORS 443.400, that the person is a predatory sex offender if the agency knows
that the person is seeking admission to the facility.
(2) In making a determination under subsection
(1) of this section, the agency shall consider notifying:
(a) The person’s family;
(b) The person’s sponsor;
(c) Residential neighbors and churches,
community parks, schools, convenience stores, businesses and other places that
children or other potential victims may frequent; and
(d) Any prior victim of the offender.
(3) When an agency determines that
notification is necessary, the agency may use any method of communication that
the agency determines is appropriate. The notification:
(a) May include, but is not limited to,
distribution of the following information:
(A) The person’s name and address;
(B) A physical description of the person
including, but not limited to, the person’s age, height, weight and eye and
hair color;
(C) The type of vehicle that the person is
known to drive;
(D) Any conditions or restrictions upon
the person’s probation, parole, post-prison supervision or conditional release;
(E) A description of the person’s primary
and secondary targets;
(F) A description of the person’s method
of offense;
(G) A current photograph of the person;
and
(H) The name or telephone number of the
person’s parole and probation officer.
(b) Shall include, if the notification is
required under subsection (1)(a)(B) or (b)(B) of this section, the information
described in paragraph (a)(D), (F) and (H) of this subsection.
(4) Not later than 10 days after making
its determination that a person is a predatory sex offender, the agency
supervising the person shall:
(a) Notify the Department of State Police
of the person’s status as a predatory sex offender;
(b) Enter into the Law Enforcement Data
System the fact that the person is a predatory sex offender; and
(c) Send to the Department of State
Police, by electronic or other means, all of the information listed in
subsection (3) of this section that is available.
(5) When the Department of State Police
receives information regarding a person under subsection (4) of this section,
the Department of State Police, upon request, may make the information
available to the public.
(6) Upon termination of its supervision of
a person determined to be a predatory sex offender, the agency supervising the
person shall:
(a) Notify the Department of State Police:
(A) Of the person’s status as a predatory
sex offender;
(B) Whether the agency made a notification
regarding the person under this section; and
(C) Of the person’s level of supervision
immediately prior to termination of supervision; and
(b) Send to the Department of State
Police, by electronic or other means, the documents relied upon in determining
that the person is a predatory sex offender and in establishing the person’s
level of supervision.
(7) The agency supervising a person
determined to be a predatory sex offender shall verify the residence address of
the person every 90 days. [Formerly 181.508; 1997 c.538 §11; 1999 c.626 §10;
1999 c.843 §2; amendments by 1999 c.626 §33 and 1999 c.843 §3 repealed by 2001
c.884 §1; 2001 c.884 §11; 2005 c.671 §11]
Note: See note under 181.585.
181.587
Availability of information on supervised predatory sex offender. (1) Unless the agency determines that
release of the information would substantially interfere with the treatment or
rehabilitation of the supervised person, an agency that supervises a predatory
sex offender shall make any information regarding the person that the agency
determines is appropriate, including, but not limited to, the information
listed in ORS 181.586 (3), available to any other person upon request.
(2) Notwithstanding subsection (1) of this
section, the agency shall make the information listed in ORS 181.586 (3), or
any other information regarding the supervised person that the agency
determines is appropriate, available to any other person upon request if the
person under supervision:
(a) Is a predatory sex offender; and
(b) Is neglecting to take treatment or
participate in rehabilitation. [Formerly 181.509]
Note: See note under 181.585.
181.588
Notice to public of unsupervised predatory sex offender; content. (1) Notwithstanding any other provision of
law, when a person who has been under supervision by the Department of
Corrections or a community corrections agency is no longer under supervision,
the Department of State Police, the chief of police of a city police department
or a county sheriff may notify the public that the person is a predatory sex
offender if:
(a) While the person was under
supervision, the person was determined to be a predatory sex offender as
provided in ORS 181.585 and notification under ORS 181.586 was made to someone
other than the person’s family; and
(b) The person’s last primary supervising
authority has notified the Department of State Police that the person was under
a high level of supervision at the termination of the person’s most recent
period of supervision.
(2) The Department of State Police, the
chief of police of a city police department or a county sheriff may notify the
public that a person is a predatory sex offender if:
(a) The Department of State Police, the
chief of police or the county sheriff determines that the person is a predatory
sex offender as provided in ORS 181.585; and
(b) The person was not under supervision
in this state or for some other reason was not subject to a determination under
ORS 181.586.
(3) When the circumstances authorizing
notification to the public of a person’s status as a predatory sex offender
under subsection (1) or (2) of this section exist, the Department of State
Police, chief of police or county sheriff shall notify a long term care facility,
as defined in ORS 442.015, or a residential care facility, as defined in ORS
443.400, that the person is a predatory sex offender if the department, chief
of police or county sheriff knows that the person is seeking admission to the
facility.
(4) Notification under subsection (1), (2)
or (3) of this section may include distribution of any information listed in
ORS 181.586 (3)(a). Notification under subsection (3) of this section shall
include distribution of the information listed in ORS 181.586 (3)(b). [1995
c.429 §11; 1997 c.538 §12; 1999 c.626 §14; amendments by 1999 c.626 §37
repealed by 2001 c.884 §1; 2001 c.884 §10; 2005 c.671 §12]
Note: 181.588 and 181.589 were enacted into law by
the Legislative Assembly but were 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.
181.589
Notice to public of unsupervised juvenile predatory sex offender; content. (1) Notwithstanding any other provision of
law, the Department of State Police, the chief of police of a city police
department or a county sheriff may notify the public that a person is a
predatory sex offender if:
(a) The person is required to report under
ORS 181.595, 181.596 or 181.597 after being found to be within the jurisdiction
of the juvenile court for having committed an act that if committed by an adult
would constitute a sex crime;
(b) The person is not under the
supervision of the juvenile court; and
(c) The Department of State Police, chief
of police or sheriff, after consulting with the person’s last primary
supervising agency, determines that the person is a predatory sex offender as
provided in ORS 181.585.
(2) Notification under subsection (1) of
this section may include any of the following information:
(a) The person’s name and address;
(b) A physical description of the person
including, but not limited to, the person’s age, height, weight and eye and
hair color;
(c) The type of vehicle the person is
known to drive;
(d) Any conditions or restrictions upon
the person’s release;
(e) A description of the person’s primary
and secondary victims of choice;
(f) A description of the person’s method
of offense;
(g) A current photograph of the person;
and
(h) The name or work telephone number of
the person’s parole and probation officer. [1995 c.422 §§62,62a; 1997 c.538 §15;
1999 c.626 §15; amendments by 1999 c.626 §38 repealed by 2001 c.884 §1; 2005
c.264 §19]
Note: See note under 181.588.
181.590
Agreements to resolve concerns about community notification. Upon the request of the Department of State
Police, a chief of police, a county sheriff or a supervising agency, a
supervising agency or an agency having responsibility for community
notification shall enter into agreements to resolve concerns regarding
community notification. As used in this section:
(1) “Community notification” means the
disclosure of information to the public as provided in ORS 181.585 to 181.587,
181.588 and 181.589.
(2) “Supervising agency” means a governmental
entity responsible for supervising a person required to report under ORS
181.595 or 181.596. [1999 c.626 §22]
Note: 181.590 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.
SEX OFFENDER
REGISTRATION
181.592
Sex offender information; release to public. (1) The Department of State Police shall enter into the Law
Enforcement Data System the sex offender information obtained from the sex
offender registration forms submitted under ORS 181.595, 181.596 and 181.597.
The department shall remove from the Law Enforcement Data System the sex
offender information obtained from the sex offender registration form submitted
under ORS 181.595, 181.596 or 181.597 if the conviction or adjudication that
gave rise to the registration obligation is reversed or vacated or if the
registrant is pardoned.
(2)(a) When a person is under supervision
for the first time as a result of a conviction for an offense requiring
reporting as a sex offender, the department, a chief of police or a county
sheriff shall release, upon request, only the following information about the
sex offender:
(A) The sex offender’s name and date of
birth;
(B) A physical description of the sex
offender and a photograph, if applicable;
(C) The name and zip code of the city
where the sex offender resides;
(D) The name and telephone number of a
contact person at the agency that is supervising the sex offender; and
(E) The name of institutions of higher
education that the sex offender attends or at which the sex offender works or
carries on a vocation.
(b) Notwithstanding paragraph (a) of this
subsection, if the sex offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of State Police,
chief or police or county sheriff shall release only:
(A) The sex offender’s name and year of
birth;
(B) The name and zip code of the city where
the sex offender resides;
(C) The name and telephone number of a
contact person at the agency that is supervising the sex offender; and
(D) The name of institutions of higher
education that the sex offender attends or at which the sex offender works or
carries on a vocation.
(c) An agency that supervises a sex
offender shall release, upon request, any information that may be necessary to
protect the public concerning the sex offender.
(3) Except as otherwise limited by
subsection (2)(a) and (b) of this section regarding persons who are under
supervision for the first time as sex offenders, the Department of State
Police, a chief of police or a county sheriff shall release, upon request, any
information that may be necessary to protect the public concerning sex
offenders who reside in a specific area or concerning a specific sex offender.
However, the entity releasing the information may not release the identity of a
victim of a sex crime.
(4)(a) The department may make the
information described in subsections (2) and (3) of this section available to
the public, without the need for a request, by electronic or other means. The
department shall make information about a person who is under supervision for
the first time as a result of a conviction for an offense that requires
reporting as a sex offender accessible only by the use of the sex offender’s
name. For all other sex offenders, the department may make the information
accessible in any manner the department chooses.
(b) Notwithstanding paragraph (a) of this
subsection, the department may not use the Internet to make information
available to the public except as required by paragraph (c) of this subsection.
(c) Notwithstanding subsections (2) and
(3) of this section, the department shall use the Internet to make the
information described in paragraph (d) of this subsection available to the
public if the information is about a person:
(A) Determined to be a predatory sex
offender, as provided in ORS 181.585, who has also been determined, pursuant to
rules of the agency making the predatory sex offender determination, to present
the highest risk of reoffending and to require the widest range of
notification; or
(B) Found to be a sexually violent
dangerous offender under ORS 144.635.
(d) The information required to be made
available under paragraph (c) of this subsection is:
(A) The person’s name and address;
(B) A physical description of the person
including, but not limited to, the person’s age, height, weight and eye and
hair color;
(C) The type of vehicle that the person is
known to drive;
(D) Any conditions or restrictions upon
the person’s probation, parole, post-prison supervision or conditional release;
(E) A description of the person’s primary
and secondary targets;
(F) A description of the person’s method
of offense;
(G) A current photograph of the person;
(H) If the person is under supervision,
the name or telephone number of the person’s parole and probation officer; and
(I) If the person is not under
supervision, contact information for the Department of State Police.
(5) The Law Enforcement Data System may
send sex offender information to the
(6) As used in this section:
(a) “Attends,” “institution of higher
education,” “sex crime,” “works” and “carries on a vocation” have the meanings
given those terms in ORS 181.594.
(b) “Sex offender” means a person who is
required to report under ORS 181.595, 181.596 or 181.597. [1999 c.626 §1; 2001
c.884 §2; 2005 c.567 §13; 2005 c.812 §1]
Note: 181.592 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.
181.593
Internet website. The
Department of State Police shall consider:
(1) Contracting with a private vendor to
build and maintain the Internet website required by ORS 181.592 (4)(c).
(2) Adding links on the website required
by ORS 181.592 (4)(c) that connect to other sex offender websites run by
Note: 181.593 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.
181.594
Definitions for ORS 181.595, 181.596, 181.597 and 181.603. As used in ORS 181.595, 181.596, 181.597 and
181.603:
(1) “Attends” means is enrolled on a
full-time or part-time basis.
(2)(a) “Correctional facility” means any
place used for the confinement of persons:
(A) Charged with or convicted of a crime
or otherwise confined under a court order.
(B) Found to be within the jurisdiction of
the juvenile court for having committed an act that if committed by an adult
would constitute a crime.
(b) “Correctional facility” applies to a
state hospital or a secure intensive community inpatient facility only as to
persons detained therein charged with or convicted of a crime, or detained
therein after being found guilty except for insanity under ORS 161.290 to
161.370.
(3) “Institution of higher education”
means a public or private educational institution that provides a program of
post-secondary education.
(4) “Sex crime” means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any
degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually
explicit conduct;
(g) Encouraging child sexual abuse in any
degree;
(h) Transporting child pornography into
the state;
(i) Paying for viewing a child’s sexually
explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the
victim was under 18 years of age;
(m) Contributing to the sexual delinquency
of a minor;
(n) Sexual misconduct if the offender is
at least 18 years of age;
(o) Possession of materials depicting
sexually explicit conduct of a child in the first degree;
(p) Kidnapping in the second degree if the
victim was under 18 years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
(q) Online sexual corruption of a child in
any degree if the offender reasonably believed the child to be more than five
years younger than the offender;
(r) Any attempt to commit any of the
crimes set forth in paragraphs (a) to (q) of this subsection;
(s) Burglary, when committed with intent
to commit any of the offenses listed in paragraphs (a) to (q) or (t) of this
subsection; or
(t) Public indecency or private indecency,
if the person has a prior conviction for a crime listed in this subsection.
(5) “Sex offender” means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for
insanity of a sex crime;
(c) Has been found to be within the
jurisdiction of the juvenile court for having committed an act that if
committed by an adult would constitute a sex crime; or
(d) Is paroled to this state under ORS
144.610 after being convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state.
(6) “Works” or “carries on a vocation”
means full-time 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. [Formerly 181.517; 1997 c.538 §2; 1997
c.709 §4; 1999 c.626 §§2,2a; amendments by 1999 c.626 §§25 and 26 repealed by
2001 c.884 §1; 2005 c.483 §1; 2005 c.567 §5; 2005 c.685 §11; 2007 c.876 §6]
Note: 181.594 to 181.596 were enacted into law by
the Legislative Assembly but were 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.
181.595
Reporting by sex offender who is discharged, paroled or released on supervised
release from correctional facility or another state; change of residence
procedure. (1)(a) Except as
otherwise provided in paragraph (b) of this subsection, the agency or official
to whom 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.
(b) When a person who is under supervision
reports to the agency supervising the person, the supervising agency may
require the person to report instead to the Department of State Police, a chief
of police or a county sheriff and provide the supervising agency with proof of
the completed registration.
(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;
(B) Having been found guilty except for
insanity of a sex crime; or
(C) Having been found to be within the
jurisdiction of the juvenile court for having committed an act that if
committed by an adult would constitute a sex crime;
(b) Is paroled to this state under ORS
144.610 after being convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state;
(c) Is paroled to or otherwise placed in
this state after having been found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that would
constitute a sex crime if committed in this state by an adult;
(d) Is discharged or placed on conditional
release by the juvenile panel of the Psychiatric Security Review Board after
having been found to be responsible except for insanity under ORS 419C.411 for
an act that would constitute a sex crime if committed by an adult; or
(e) Is discharged by the court under ORS
161.329 after having been found guilty except for insanity of a sex crime.
(3)(a) Within 10 days following discharge,
release on parole, post-prison supervision or other supervised or conditional
release, the person shall report, in person, to the Department of State Police,
a chief of police or a county sheriff or to the supervising agency, if any.
(b) After making the report required by
paragraph (a) of this subsection, the person shall report, in person:
(A) Within 10 days of a change of
residence;
(B) Once each year within 10 days of the
person’s birth date, regardless of whether the person changed residence;
(C) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
(D) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
(c) The person shall make the reports
required by paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any.
(d) If the person required to report under
this subsection is a youth offender or young person, as defined in ORS
419A.004, who is under supervision, the person shall make the reports required
by paragraphs (a) and (b) of this subsection to the agency supervising the
person.
(e) The obligation to report under this
subsection terminates if the conviction or adjudication that gave rise to the
obligation is reversed or vacated or if the registrant is pardoned.
(4) As part of the registration
requirement under this section, the Department of State Police, the chief of
police, the county sheriff or the supervising agency:
(a) Shall photograph the person and obtain
the signature of the person; and
(b) May fingerprint the person. [Formerly
181.518; 1997 c.538 §3; 1997 c.709 §1; 1999 c.626 §3; amendments by 1999 c.626 §27
repealed by 2001 c.884 §1; 2005 c.567 §6; 2005 c.843 §34]
Note: See note under 181.594.
181.596
Reporting by sex offender released or discharged; change of residence
procedure. (1)(a) Except as
otherwise provided in paragraph (b) of this subsection, the agency or official
to whom a person reports under subsection (4) of this section shall complete a
sex offender registration form concerning the person when the person reports
under subsection (4) of this section.
(b) When a person who is under supervision
reports to the agency supervising the person, the supervising agency may
require the person to report instead to the Department of State Police, a chief
of police or a county sheriff and provide the supervising agency with proof of
the completed registration.
(2) Subsection (4) of this section applies
to a person who is discharged, released or placed on probation:
(a) By the court after being convicted in
this state of a sex crime;
(b) By the juvenile court after being
found to be within the jurisdiction of the juvenile court for having committed
an act that if committed by an adult would constitute a sex crime;
(c) To this state under ORS 144.610 after
being convicted in another jurisdiction of a crime that would constitute a sex
crime if committed in this state; or
(d) To this state after having been found
by a court in another jurisdiction to have committed an act while the person
was under 18 years of age that would constitute a sex crime if committed in
this state by an adult.
(3) The court shall ensure that the person
completes a form that documents the person’s obligation to report under ORS
181.595 or this section. No later than three working days after the person
completes the form required by this subsection, the court shall ensure that the
form is sent to the Department of State Police.
(4)(a) Within 10 days following discharge
or release, the person shall report, in person, to the Department of State
Police, chief of police or county sheriff or to the supervising agency, if any.
(b) After making the report required by
paragraph (a) of this subsection, the person shall report, in person:
(A) Within 10 days of a change of
residence;
(B) Once each year within 10 days of the
person’s birth date, regardless of whether the person changed residence;
(C) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
(D) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
(c) The person shall make the reports
required by paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any.
(d) If the person required to report under
this subsection is a youth offender, as defined in ORS 419A.004, who is under
supervision, the person shall make the reports required by paragraphs (a) and
(b) of this subsection to the agency supervising the person.
(e) The obligation to report under this
subsection terminates if the conviction or adjudication that gave rise to the
obligation is reversed or vacated or if the registrant is pardoned.
(5) As part of the registration
requirement under this section, the Department of State Police, the chief of
police, the county sheriff or the supervising agency:
(a) Shall photograph the person and obtain
the signature of the person; and
(b) May fingerprint the person. [Formerly
181.519; 1997 c.538 §4; 1997 c.709 §2; 1997 c.727 §13; 1999 c.626 §4;
amendments by 1999 c.626 §28 repealed by 2001 c.884 §1; 2005 c.567 §7]
Note: See note under 181.594.
181.597
Reporting by certain persons upon moving into state; reporting by certain
nonresidents. (1)(a) When a
person listed in subsection (2) of this section moves into this state and is
not otherwise required by ORS 181.595 or 181.596 to report, the person shall
report, in person, to the Department of State Police, a city police department
or a county sheriff’s office:
(A) No later than 10 days after moving
into this state;
(B) Within 10 days of a change of
residence; and
(C) Once each year within 10 days of the
person’s birth date, regardless of whether the person changed residence.
(b) When a person listed in subsection (2)
of this section attends school or works in this state, resides in another state
and is not otherwise required by ORS 181.595 or 181.596 to report, the person
shall report, in person, to the department, a city police department or a
county sheriff’s office no later than 10 days after:
(A) The first day of school attendance or
the 14th day of employment in this state; and
(B) A change in school enrollment or
employment.
(c) As used in paragraph (b) of this
subsection, “attends school” means enrollment in any type of school on a
full-time or part-time basis.
(d) When a person reports under paragraph
(a) of this subsection, the agency or official to whom the person reports shall
complete a sex offender registration form concerning the person.
(e) The obligation to report under this
section terminates if the conviction or adjudication that gave rise to the
obligation is reversed or vacated or if the registrant is pardoned.
(2) Subsection (1) of this section applies
to:
(a) A person convicted in another
jurisdiction of a crime if the elements of the crime would constitute a sex
crime;
(b) A person found by a court in another
jurisdiction to have committed an act while the person was under 18 years of
age that would constitute a sex crime if committed in this state by an adult;
and
(c) A person required to register in
another state for having committed a sex offense in that state regardless of
whether the crime would constitute a sex crime in this state.
(3) As part of the registration required
under this section, the Department of State Police, a city police department or
a sheriff’s office:
(a) Shall photograph the person and obtain
the signature of the person; and
(b) May fingerprint the person. [1995
c.429 §§2,4; 1997 c.538 §5; 1997 c.709 §3; 1999 c.626 §5; amendments by 1999
c.626 §29 repealed by 2001 c.884 §1; 2005 c.567 §15]
Note: 181.597 to 181.602 were enacted into law by
the Legislative Assembly but were 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.
181.598
Registration forms; state police to provide; fee. (1) Agencies and officials required to
register offenders under ORS 181.595, 181.596 and 181.597 shall use forms
provided by the Department of State Police. The department shall include places
on the form to list all the names used by the offender and the address of the
offender. No later than three working days after registration, the agency or
official completing the form shall:
(a) Send the original copy of the
registration form to the department; or
(b) Forward the registration information
to the department by any means and, within 10 working days after registration,
send the original copy of the registration form to the department.
(2) If the person is no longer under
supervision, the department shall verify the residence address of a person
determined to be a sexually violent dangerous offender as defined in ORS
137.765 every 90 days by mailing a verification form to the person at the
person’s last reported residence address. No later than 10 days after receiving
the form, the person shall sign and return the form to the department.
(3) The department shall assess a person
who is required to report under ORS 181.595, 181.596 or 181.597 and who is not
under supervision a fee of $70 each year. Moneys received by the department
under this subsection are continuously appropriated to the department for the
purpose of carrying out the department’s duties under ORS 181.585 to 181.587,
181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599,
181.601, 181.602, 181.603, 181.604, 181.605, 181.606 and 181.820. [1995 c.429 §3;
1999 c.626 §§6,7; amendments by 1999 c.626 §30 repealed by 2001 c.884 §1]
Note: See note under 181.597.
181.599
Failure to report as sex offender. (1) A person who is required to report as a sex offender and who has
knowledge of the reporting requirement commits the crime of failure to report
as a sex offender if the person fails, as required by ORS 181.595, 181.596 or
181.597, to:
(a) Make the initial report to the
appropriate agency or official;
(b) Report when the person works at,
carries on a vocation at or attends an institution of higher education;
(c) Report following a change of
residence, school enrollment or employment status, including enrollment,
employment or vocation status at an institution of higher education;
(d) Make an annual report; or
(e) Provide complete and accurate
information.
(2) Except as otherwise provided in
subsection (3) of this section, failure to report as a sex offender is a Class
A misdemeanor.
(3) Failure to report as a sex offender is
a Class C felony if the person violates:
(a) Subsection (1)(a) of this section; or
(b) Subsection (1)(b) or (c) of this
section and the crime for which the person is required to report is a felony.
(4) A person who fails to sign and return
an address verification form as required by ORS 181.598 (2) commits a
violation. [1991 c.389 §4; 1995 c.429 §5; 1997 c.538 §6; 1999 c.626 §8;
amendments by 1999 c.626 §31 repealed by 2001 c.884 §1; 2005 c.567 §11]
Note: See note under 181.597.
181.600 [1991 c.389 §5; 1993 c.147 §4; 1995 c.422 §§63,63a;
1999 c.626 §18; amendments by 1999 c.626 §41 repealed by 2001 c.884 §1; 2001
c.884 §3; 2005 c.567 §1; renumbered 181.820 in 2007]
181.601
Victim access to sex offender information; toll-free telephone number. (1)(a) When information about a person is
first entered into the Law Enforcement Data System under ORS 181.592, the
person will be assigned a registry identification number.
(b) A victim shall be issued a victim
identification number and shall be given the registry identification number of
the person who committed the crime against the victim:
(A) At any time, upon request by the
victim; and
(B) Upon verification of the
identification of the victim.
(2) The Department of State Police shall
establish a toll-free telephone number to provide victims with updates on the
prison status, release information, parole status and any other information
authorized for release in ORS 181.592 (2) and (3) regarding the person who
committed the crime against the victim. The telephone line shall be operational
within the state during normal working hours.
(3) Access of the victim to the telephone
line shall be revoked if the victim makes public, or otherwise misuses,
information received.
(4) When a victim receives notification
under ORS 144.120 (7) of upcoming parole release hearings, or at any other time
that the victim is notified concerning the offender, the victim shall be
provided a notice of rights under this section and information about the
toll-free telephone number. [1991 c.389 §6; 1995 c.429 §7; 1997 c.538 §7; 1999
c.626 §9; amendments by 1999 c.626 §32 repealed by 2001 c.884 §1]
Note: See note under 181.597.
181.602
Purpose of sex offender reporting requirements. The purpose of ORS 181.594, 181.595,
181.596, 181.597, 181.598, 181.599, 181.601 and 181.820 is to assist law
enforcement agencies in preventing future sex offenses. [1991 c.389 §7; 1995
c.429 §8]
Note: See note under 181.597.
181.603
Notice of reporting requirement to be given at sentencing; procedure at intake. (1) When the court imposes sentence upon a
person convicted of a sex crime the court shall notify the person of the
requirement to report as a sex offender under ORS 181.595 and 181.596.
(2) At the initial intake for
incarceration or release on any type of supervised release, the sex offender
shall complete a form that documents the offender’s obligation to report under
ORS 181.595 or 181.596. The Department of State Police shall develop and
provide the form. No later than three working days after the sex offender
completes the form, the person responsible for the intake process shall send
the form to the Department of State Police. [1997 c.538 §1; 1999 c.626 §19;
amendments by 1999 c.626 §42 repealed by 2001 c.884 §1]
Note: 181.603 to 181.606 were enacted into law by
the Legislative Assembly but were 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.
181.604
Notice required when offender moves to another state. When the Department of State Police learns
that a person required to report under ORS 181.595, 181.596 or 181.597 is
moving to another state, the department shall notify the appropriate criminal
justice agency of that state of that fact. The department is not responsible for
registering and tracking a person once the person has moved from this state. [1997
c.538 §8; 1999 c.626 §20; amendments by 1999 c.626 §43 repealed by 2001 c.884 §1]
Note: See note under 181.603.
181.605
Offender profiling. (1) For
those sex offenders designated as a predatory sex offender by a community
corrections agency, the Department of Corrections and any other agency that is
responsible for supervising or treating sex offenders, the agency or department
shall provide the Department of State Police, by electronic or other means, at
the termination of supervision, with the following information for the purpose
of offender profiling:
(a) Presentence investigations;
(b) Violation reports;
(c) Parole and probation orders;
(d) Conditions of parole and probation and
other corrections records;
(e) Sex offender risk assessment tools;
and
(f) Any other information that the agency
determines is appropriate disclosure of which is not otherwise prohibited by
law.
(2) The Oregon Youth Authority and county
juvenile departments shall provide access to information in their files to the
Oregon State Police for the purpose of offender profiling.
(3)(a) Except as otherwise provided by
law, the Oregon State Police may not disclose information received under subsection
(1) or (2) of this section.
(b) The Department of State Police may
release information on the methodology of offenses and behavior profiles
derived from information received under subsection (1) or (2) of this section
to local law enforcement agencies. [1997 c.538 §9]
Note: See note under 181.603.
181.606
Immunity. A public agency
and its employees are immune from liability, both civil and criminal, for the
good faith performance of the agency’s or employee’s duties under ORS 181.585
to 181.587, 181.588, 181.589, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.601, 181.602 and 181.820. [1997 c.538 §13; 1999 c.626 §16;
amendments by 1999 c.626 §39 repealed by 2001 c.884 §1]
Note: See note under 181.603.
181.607 [2001 c.884 §3a; 2003 c.530 §1; 2005 c.567 §2;
2005 c.843 §30; 2007 c.609 §§5,6; renumbered 181.823 in 2007]
181.608 [2003 c.530 §2; 2005 c.567 §3; renumbered
181.826 in 2007]
PUBLIC SAFETY
STANDARDS AND TRAINING
181.610
Definitions for ORS 181.610 to 181.712. In ORS 181.610 to 181.712, unless the context requires otherwise:
(1) “Abuse” has the meaning given the term
in ORS 107.705.
(2) “Board” means the Board on Public
Safety Standards and Training appointed pursuant to ORS 181.620.
(3) “Certified reserve officer” means a
reserve officer who has been designated by a local law enforcement unit, has
received training necessary for certification and has met the minimum standards
and training requirements established under ORS 181.640.
(4) “Commissioned” means an authorization
granting the power to perform various acts or duties of a police officer or
certified reserve officer and acting under the supervision and responsibility
of a county sheriff or as otherwise provided by law.
(5) “Corrections officer” means an officer
or member of a law enforcement unit who is employed full-time thereby and is
charged with and primarily performs the duty of custody, control or supervision
of individuals convicted of or arrested for a criminal offense and confined in
a place of incarceration or detention other than a place used exclusively for
incarceration or detention of juveniles.
(6) “Department” means the Department of
Public Safety Standards and Training.
(7) “Director” means the Director of the
Department of Public Safety Standards and Training.
(8) “Domestic violence” means abuse
between family or household members.
(9) “Emergency medical dispatcher” means a
person who has responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) “Family or household members” has the
meaning given that term in ORS 107.705.
(11) “Fire service professional” means a
paid or volunteer firefighter, an officer or a member of a public or private
fire protection agency that is engaged primarily in fire investigation, fire
prevention, fire safety, fire control or fire suppression or providing
emergency medical services, light and heavy rescue services, search and rescue
services or hazardous materials incident response. “Fire service professional”
does not include forest fire protection agency personnel.
(12)(a) “Law enforcement unit” means a
police force or organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to provide law
enforcement services under ORS 451.010, Indian reservation, Criminal Justice
Division of the Department of Justice, the Department of Corrections, the
Oregon State Lottery Commission or common carrier railroad whose primary duty,
as prescribed by law, ordinance or directive, is any one or more of the
following:
(A) Detecting crime and enforcing the
criminal laws of this state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of
individuals convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used exclusively for
incarceration or detention of juveniles; or
(C) The control, supervision and
reformation of adult offenders placed on parole or sentenced to probation and
investigation of adult offenders on parole or probation or being considered for
parole or probation.
(b) “Law enforcement unit” also means:
(A) A police force or organization of a
private entity with a population of more than 1,000 residents in an
unincorporated area whose employees are commissioned by a county sheriff; and
(B) A district attorney’s office.
(13) “Parole and probation officer” means:
(a) Any officer who is employed full-time
by the Department of Corrections, a county or a court and who is charged with
and performs the duty of:
(A) Community protection by controlling,
investigating, supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on post-prison
supervision; or
(B) Investigating adult offenders on
parole or probation or being considered for parole or probation.
(b) Any officer who:
(A) Is certified and has been employed as
a full-time parole and probation officer for more than one year;
(B) Is employed part-time by the
Department of Corrections, a county or a court; and
(C) Is charged with and performs the duty
of:
(i) Community protection by controlling,
investigating, supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on post-prison
supervision; or
(ii) Investigating adult offenders on
parole or probation or being considered for parole or probation.
(14) “Police officer” means an officer,
member or employee of a law enforcement unit who is employed full-time as a
peace officer commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide law enforcement
services under ORS 451.010, Indian reservation, the Criminal Justice Division
of the Department of Justice, the Oregon State Lottery Commission or the
Governor or who is a member of the Department of State Police and who is
responsible for enforcing the criminal laws of this state or laws or ordinances
relating to airport security or is an investigator of a district attorney’s
office if the investigator is or has been certified as a peace officer in this
or any other state.
(15) “Public or private safety agency”
means any unit of state or local government, a special purpose district or a
private firm which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(16) “Public safety personnel” and “public
safety officer” include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers, police officers,
certified reserve officers, telecommunicators and fire service professionals.
(17) “Reserve officer” means an officer or
member of a law enforcement unit:
(a) Who is a volunteer or who is employed
less than full-time as a peace officer commissioned by a city, port, school
district, mass transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian reservation, the
Criminal Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the Department of
State Police;
(b) Who is armed with a firearm; and
(c) Who is responsible for enforcing the
criminal laws and traffic laws of this state or laws or ordinances relating to
airport security.
(18) “Telecommunicator” means any person
employed as an emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1 emergency
reporting system as defined in ORS 401.710.
(19) “Youth correction officer” means an
employee of the Oregon Youth Authority who is charged with and primarily
performs the duty of custody, control or supervision of youth offenders
confined in a youth correction facility. [1961 c.721 §1; 1963 c.371 §1; 1967
c.305 §2; 1973 c.420 §1; 1975 c.290 §1; 1975 c.392 §3; 1975 c.666 §4; 1977
c.382 §1; 1977 c.477 §1; 1977 c.737 §1; 1979 c.656 §4; 1981 c.449 §1; 1985
c.302 §9; 1985 c.565 §20; 1987 c.320 §137; 1989 c.1058 §1; 1991 c.742 §1; 1993
c.14 §22; 1993 c.185 §10; 1993 c.594 §1; 1993 c.623 §1; 1995 c.97 §1; 1995
c.128 §2; 1995 c.303 §1; 1995 c.422 §131q; 1995 c.624 §§1,1a; 1995 c.651 §8;
1997 c.249 §53; 1997 c.853 §1; 1999 c.360 §1; 1999 c.854 §1; 1999 c.867 §1]
181.612
Authority of Department of Public Safety Standards and Training to require
fingerprints. (1) For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Department of Public Safety Standards and Training may require the
fingerprints of a person who:
(a) Is employed or applying for employment
by the department;
(b) Provides services or seeks to provide
services to the department as a contractor, vendor or volunteer; or
(c) Is applying for a license or
certificate, or for reissuance of a license or certificate, that is issued by
the department or is under investigation by the department.
(2) ORS 181.534 (11) and (12) does not
apply to the department when the department makes denial or revocation
decisions regarding persons described in subsection (1)(c) of this section or
ORS 181.880 or 703.090.
(3) The department and an employee of the
department acting within the course and scope of employment are immune from any
civil liability that might otherwise be incurred or imposed for making denial
or revocation decisions regarding persons described in subsection (1)(c) of
this section or ORS 181.880 or 703.090. The department, an employee of the
department acting within the course and scope of employment and an employer or
employer’s agent who in good faith comply with the requirements of ORS 181.662,
181.875 or 703.090, any rules adopted by the department and the decision of the
department or employee of the department acting within the course and scope of
employment are not liable for employment-related decisions based on decisions
made under ORS 181.662, 181.875 or 703.090. The department or an employee of
the department acting within the course and scope of employment is not liable
for defamation or invasion of privacy in connection with the lawful
dissemination of information lawfully obtained under ORS 181.534. [2005 c.730 §6]
Note: 181.612 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.
181.620
Board on Public Safety Standards and Training; term limit; confirmation. (1) The Governor shall appoint a Board on
Public Safety Standards and Training consisting of 24 members as follows:
(a) Two members shall be chiefs of police
recommended to the Governor by the Oregon Association Chiefs of Police;
(b) One member shall be a sheriff
recommended to the Governor by the Oregon State Sheriffs’ Association;
(c) One member shall be a fire chief
recommended to the Governor by the Oregon Fire Chiefs’ Association;
(d) One member shall be a representative
of the fire service recommended to the Governor by the Oregon Fire District
Directors’ Association;
(e) One member shall be a member of the
Oregon State Fire Fighter’s Council recommended to the Governor by the
executive body of the council;
(f) One member shall be a representative
of corrections personnel recommended to the Governor by the Oregon State
Sheriffs’ Association;
(g) One member shall be a representative
of the fire service recommended to the Governor by the Oregon Volunteer Fire
Fighters’ Association;
(h) One member shall be a representative
of public safety telecommunicators;
(i) One member shall be a district
attorney recommended to the Governor by the Oregon District Attorneys
Association;
(j) One member shall be the Superintendent
of State Police;
(k) One member shall be the Chief of the
Portland Police Bureau;
(L) One member shall be the State Fire
Marshal;
(m) One member shall be the Chief of the
Portland Fire Bureau;
(n) One member shall be the Director of
the Department of Corrections;
(o) One member shall be the Special Agent
in Charge of the Federal Bureau of Investigation for
(p) One member shall represent forest
protection agencies recommended to the Governor by the State Forestry
Department;
(q) One member shall be an administrator
of a municipality recommended to the Governor by the executive body of the
League of Oregon Cities;
(r) Two members shall be nonmanagement
representatives of law enforcement;
(s) One member shall be a public member. A
person appointed as a public member under this section shall be a person:
(A) Who has no personal interest or
occupational responsibilities in the area of responsibility given to the board;
and
(B) Who represents the interests of the
public in general;
(t) Two members shall be representatives
of the private security industry recommended to the Governor by the Private
Security Policy Committee; and
(u) One member shall be a representative
of the collective bargaining unit that represents the largest number of
individual workers in the Department of Corrections.
(2) The term of office of a member is
three years, and no member may be removed from office except for cause. Before
the expiration of the term of a member, the Governor shall appoint the member’s
successor to assume the member’s duties on July 1 next following. In case of a
vacancy for any cause, the Governor shall make an appointment, effective
immediately, for the unexpired term.
(3) Except for members who serve by virtue
of office, no member shall serve more than two terms. For purposes of this
subsection, a person appointed to fill a vacancy consisting of an unexpired
term of at least one and one-half years has served a full term.
(4) Appointments of members of the board
by the Governor, except for those members who serve by virtue of office, are
subject to confirmation by the Senate in the manner provided in ORS 171.562 and
171.565.
(5) A member of the board is entitled to
compensation and expenses as provided in ORS 292.495. [1961 c.721 §§4,5; 1967
c.305 §3; 1969 c.314 §12; 1973 c.599 §4; 1973 c.792 §2; 1975 c.290 §15; 1977
c.382 §12; 1979 c.410 §2; 1991 c.380 §1; 1993 c.185 §11; 1995 c.510 §19; 1999
c.139 §1; 2003 c.14 §80; 2003 c.546 §8; 2003 c.669 §1; 2005 c.447 §10]
181.630
Organization of board; meetings; policy of state. (1) The Board on Public Safety Standards and
Training shall select one of its members as chairperson and another as vice
chairperson. The vice chairperson shall act as chairperson when the chairperson
is absent or unable to act.
(2) The board may appoint from among its
members such subcommittees as it deems necessary or useful.
(3) The board shall prescribe such terms,
powers and duties for the chairperson, vice chairperson and any subcommittees
of the board as are convenient for the performance of the functions of the
board.
(4) The board shall meet at least once
every three months at a place and time determined by the board. The board shall
also meet at such other times and places as the chairperson shall specify.
(5) It shall be the policy of the state
that:
(a) The board and Department of Public
Safety Standards and Training exist to develop talented individuals into public
safety providers who are:
(A) Culturally competent;
(B) Ethically, physically and emotionally
fit; and
(C) Well trained, highly skilled and
responsive to the needs of their communities.
(b) The board and department shall promote
the safety, efficiency, effectiveness, self-sufficiency and competence of
public safety agencies and professionals.
(c) The board and department shall support
collaboration among public and private security, law enforcement, fire service,
telecommunications and corrections organizations, the related organizations
with whom they work and the interests of the communities they serve.
(d) The board and department shall consult
with and inform each other fully on matters of public safety standards,
training and certification.
(e) The board may adopt or approve all
policies, standards and minimum requirements for public safety certifications
and training.
(f) The department may administer
operations and procedures and shall implement or apply the policies and
standards of the board.
(g) The department is and remains a full
department of the state.
(6) The department, in consultation with
the board, shall evaluate the training delivery systems used in other states,
including self-sponsored training, electronic remote learning methods and
regional training employing colleges and other organizations. The evaluation
shall seek economical and effective methods that may be adapted and used in
(7) A member of the board who serves by
virtue of office may appoint a designee to represent the member at subcommittee
and policy committee meetings. The designee may vote only at subcommittee and
policy committee meetings. [1961 c.721 §6; 1997 c.853 §2; 1999 c.139 §2; 2001
c.734 §7]
181.632
Leave to perform duties of board or policy committee. At the request of an employee who is a
public safety officer and who serves on the Board on Public Safety Standards
and Training or on a policy committee established by the board, an employer
shall grant leaves of absence to the employee for periods reasonably necessary
for the employee to attend meetings and perform the duties of the board or
committee. The employer shall grant the leaves with regular pay and benefits. [2005
c.279 §2]
181.635
Appointment of director of department. (1)(a) The Governor shall appoint the Director of the Department of
Public Safety Standards and Training, who shall hold office at the pleasure of
the Governor and not be subject to the State Personnel Relations Law.
(b) The person appointed as director may
be selected from candidates recommended to the Governor by the Board on Public
Safety Standards and Training. The candidates shall be well qualified by
training and experience to perform the functions of the office.
(c) An appointed director of the
department shall receive such salary as is provided by law or, if not so
provided, as is fixed by the Governor.
(2)(a) The director, with the approval of
the Governor and after consulting the board for advice, shall organize and
reorganize the department in the manner the director considers necessary to conduct
the work of the department properly.
(b) With the approval of the Governor, the
director may appoint a deputy director, who shall serve at the pleasure of the
director, not be subject to the State Personnel Relations Law and have full
authority to act for the director, subject to the control of the director. The
appointment of the deputy director shall be by written order, filed with the
Secretary of State.
(3) The director, subject to applicable
provisions of the State Personnel Relations Law, shall appoint all subordinate
officers and employees of the department, prescribe their functions and fix
their compensation.
(4) The director or the director’s
designee shall serve as executive secretary to the board, but shall not be a
member of the board.
(5) The board shall annually evaluate the
director’s implementation of policies, standards and minimum requirements for
public safety certifications and training, reporting to the Governor the
results of the evaluation. [1963 c.371 §3; 1997 c.853 §3; 2003 c.770 §9]
181.636
Training academy; title to real property. In carrying out its duties, the Department of Public Safety Standards
and Training may take title to real property needed for a training academy. [2001
c.718 §2]
181.637
Policy committees; rules.
(1) The Board on Public Safety Standards and Training shall establish the
following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee;
(d) Telecommunications Policy Committee;
and
(e) Private Security Policy Committee.
(2) The members of each policy committee
shall select a chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board are eligible
to serve as a chairperson or vice chairperson. The vice chairperson may act as
chairperson in the absence of the chairperson.
(3) The Corrections Policy Committee
consists of:
(a) All of the board members who represent
the corrections discipline;
(b) The chief administrative officer of
the training division of the Department of Corrections;
(c) A security manager from the Department
of Corrections; and
(d) The following, who may not be current
board members, appointed by the chairperson of the board:
(A) One person recommended by and
representing the Oregon State Sheriffs’ Association;
(B) Two persons recommended by and
representing the Oregon Jail Managers’ Association;
(C) One person recommended by and
representing a statewide association of community corrections directors;
(D) One nonmanagement corrections officer
employed by the Department of Corrections; and
(E) One corrections officer who is a
female, who is employed by the Department of Corrections at a women’s
correctional facility and who is a member of a bargaining unit.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent
the fire service discipline; and
(b) The following, who may not be current
board members, appointed by the chairperson of the board:
(A) One person recommended by and
representing a statewide association of fire instructors;
(B) One person recommended by and
representing a statewide association of fire marshals;
(C) One person recommended by and
representing community college fire programs; and
(D) One nonmanagement firefighter
recommended by a statewide organization of firefighters.
(5) The Police Policy Committee consists
of:
(a) All of the board members who represent
the law enforcement discipline; and
(b) The following, who may not be current
board members, appointed by the chairperson of the board:
(A) One person recommended by and
representing the Oregon Association Chiefs of Police;
(B) Two persons recommended by and
representing the Oregon State Sheriffs’ Association;
(C) One command officer recommended by and
representing the Oregon State Police; and
(D) One nonmanagement law enforcement
officer.
(6) The Telecommunications Policy
Committee consists of:
(a) All of the board members who represent
the telecommunications discipline; and
(b) The following, who may not be current
board members, appointed by the chairperson of the board:
(A) Two persons recommended by and
representing a statewide association of public safety communications officers;
(B) One person recommended by and
representing the Oregon Association Chiefs of Police;
(C) One person recommended by and
representing the Oregon State Police;
(D) Two persons representing
telecommunicators;
(E) One person recommended by and
representing the Oregon State Sheriffs’ Association;
(F) One person recommended by and
representing the Oregon Fire Chiefs’ Association;
(G) One person recommended by and
representing the Emergency Medical Services and Trauma Systems Program of the
Department of Human Services; and
(H) One person representing paramedics and
recommended by a statewide association dealing with fire medical issues.
(7) The Private Security Policy Committee
consists of:
(a) All of the board members who represent
the private security industry; and
(b) The following, who may not be current
board members, appointed by the chairperson of the board:
(A) One person representing unarmed
private security professionals;
(B) One person representing armed private
security professionals;
(C) One person representing the health
care industry;
(D) One person representing the
manufacturing industry;
(E) One person representing the retail
industry;
(F) One person representing the
hospitality industry;
(G) One person representing private
business or a governmental entity that utilizes private security services;
(H) One person representing persons who
monitor alarm systems;
(I) Two persons who are investigators
licensed under ORS 703.430, one of whom is recommended by the Oregon State Bar
and one of whom is in private practice; and
(J) One person who represents the public
at large and who is not related within the second degree by affinity or
consanguinity to a person who is employed or doing business as a private
security professional or executive manager, as defined in ORS 181.870, or as an
investigator, as defined in ORS 703.401.
(8) In making appointments to the policy
committees under this section, the chairperson of the board shall seek to
reflect the diversity of the state’s population. An appointment made by the
chairperson of the board must be ratified by the board before the appointment
is effective. The chairperson of the board may remove an appointed member for
just cause. An appointment to a policy committee that is based on the member’s
employment is automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner as making an
initial appointment. The term of an appointed member is two years. An appointed
member may be appointed to a second term.
(9) A policy committee may meet at such
times and places as determined by the policy committee in consultation with the
Department of Public Safety Standards and Training. A majority of a policy
committee constitutes a quorum to conduct business. A policy committee may
create subcommittees if needed.
(10)(a) Each policy committee shall
develop policies, requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies, requirements,
standards and rules to the board for the board’s consideration. When a policy
committee submits a policy, requirement, standard or rule to the board for the
board’s consideration, the board shall:
(A) Approve the policy, requirement,
standard or rule;
(B) Disapprove the policy, requirement,
standard or rule; or
(C) Defer a decision and return the matter
to the policy committee for revision or reconsideration.
(b) The board may defer a decision and
return a matter submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule that was
returned to a policy committee is resubmitted to the board, the board shall
take all actions necessary to implement the policy, requirement, standard or
rule unless the board disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement,
standard or rule under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(11) At any time after submitting a matter
to the board, the chairperson of the policy committee may withdraw the matter
from the board’s consideration. [2001 c.734 §2; 2003 c.14 §81; 2003 c.546 §1;
2003 c.669 §2; 2005 c.447 §11; 2005 c.613 §28]
181.638
Executive committee. (1) An
executive committee of the Board on Public Safety Standards and Training is
created consisting of the chairperson of the board and the chairpersons of the
policy committees created in ORS 181.637.
(2) If necessary, the executive committee
shall reconcile inconsistencies in policies among the policy committees. The
executive committee shall recommend agenda items for meetings of the board and
indicate if a board vote is requested on particular agenda items. The executive
committee shall meet as necessary to consider legislative concepts, budgets,
grants and other matters that arise between regular board meetings.
(3) Except as otherwise provided in this
subsection, only those members of the executive committee who are chairpersons
of policy committees may vote. A majority of the executive committee constitutes
a quorum to transact business. If the chairperson of the executive committee is
not a chairperson of a policy committee, the chairperson may vote only in the
case of a tie vote of the other members. [2001 c.734 §3; 2003 c.14 §82; 2003
c.546 §11]
181.639
Legislative findings. (1)
The Legislative Assembly finds that:
(a) Providing high quality training for
public safety personnel enhances the quality of public safety services provided
to communities, contributes significantly to the safety of public safety
officers and reduces state, local and individual liability;
(b) Basic training for public safety
personnel provides a consistent foundation of best practices knowledge and
skills necessary for public safety officers throughout the state;
(c) Advanced, leadership and continuing
training preserve and build on the knowledge and skills acquired during basic
training, ensuring that communities continue to have well-trained professional
public safety officers;
(d) Advanced, leadership and continuing training
should be consistent with recognized best practices while meeting specific
local needs; and
(e) Course and instructor accreditation
help to ensure that advanced, leadership and continuing training programs are
consistent with recognized best practices and are legally sufficient.
(2) The Department of Public Safety
Standards and Training may continue to accredit advanced, leadership and
continuing training courses and programs consistent with ORS 181.650. [2003
c.770 §8]
181.640
Minimum standards and training for certification; duties in improving public
safety units; grants; fees; rules. (1) In accordance with any applicable provision of ORS chapter 183, to
promote enforcement of law and fire services by improving the competence of
public safety personnel and their support staffs, and in consultation with the
agencies for which the Board on Public Safety Standards and Training and
Department of Public Safety Standards and Training provide standards,
certification, accreditation and training:
(a) The department shall recommend and the
board shall establish by rule reasonable minimum standards of physical,
emotional, intellectual and moral fitness for public safety personnel and
instructors.
(b) The department shall recommend and the
board shall establish by rule reasonable minimum training for all levels of
professional development, basic through executive, including but not limited to
courses or subjects for instruction and qualifications for public safety
personnel and instructors. Training requirements shall be consistent with the
funding available in the department’s legislatively approved budget.
(c) The department, in consultation with
the board, shall establish by rule a procedure or procedures to be used by law
enforcement units, public or private safety agencies or the Oregon Youth
Authority to determine whether public safety personnel meet minimum standards
or have minimum training.
(d) Subject to such terms and conditions
as the department may impose, the department shall certify instructors and
public safety personnel, except youth correction officers, as being qualified
under the rules established by the board.