2007 Oregon Code - Chapter 181 :: Chapter 181 - State Police - Crime Reporting and Records - Public Safety Standards and Training
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 departments 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
superintendents designee, is the states 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 officers
or employees 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 persons 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 officers 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 officers family, upon the
officers retirement or death, and the officers badge, which may be given to
the officer or, in the case of a deceased officer, to a member of the deceased
officers family, upon the officers 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 officers 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 states 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 persons 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 members 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 persons 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 members expert opinion
on any matter before the tribunal unless the subpoena compelling the members
presence indicates that the members 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 members 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 members 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 communitys 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 persons
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 individuals 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
individuals 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 individuals
(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
individuals own state and national criminal offender records and, if requested
by the subject individual, provide the individual with a copy of the individuals
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 individuals
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 individuals 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 persons 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 employers 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 entitys
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 individuals or contractors 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 companys 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 contractors 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 individuals 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 persons 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 individuals 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 victims 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 departments 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 individuals last address
known to the department and to the individuals 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 departments
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 departments 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 persons family;
(b) The persons 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 persons name and address;
(B) A physical description of the person
including, but not limited to, the persons 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 persons probation, parole, post-prison supervision or conditional release;
(E) A description of the persons primary
and secondary targets;
(F) A description of the persons method
of offense;
(G) A current photograph of the person;
and
(H) The name or telephone number of the
persons 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 persons 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 persons status as a predatory
sex offender;
(B) Whether the agency made a notification
regarding the person under this section; and
(C) Of the persons 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 persons
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 persons family; and
(b) The persons 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 persons 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 persons 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 persons 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 persons name and address;
(b) A physical description of the person
including, but not limited to, the persons 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 persons release;
(e) A description of the persons primary
and secondary victims of choice;
(f) A description of the persons method
of offense;
(g) A current photograph of the person;
and
(h) The name or work telephone number of
the persons 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 offenders 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 offenders 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 offenders
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 persons name and address;
(B) A physical description of the person
including, but not limited to, the persons 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 persons probation, parole, post-prison supervision or conditional release;
(E) A description of the persons primary
and secondary targets;
(F) A description of the persons method
of offense;
(G) A current photograph of the person;
(H) If the person is under supervision,
the name or telephone number of the persons 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 childs 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
persons 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 persons 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
persons 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 sheriffs 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
persons 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 sheriffs 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 sheriffs 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
persons 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 departments 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 offenders 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 agencys or employees 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 attorneys 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 attorneys
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
employers 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 Fighters 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 members
successor to assume the members 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 directors
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
directors 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 womens
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 states 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 members
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 boards consideration. When a policy
committee submits a policy, requirement, standard or rule to the board for the
boards 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 boards 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 departments 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.
(e) The department shall deny applications
for training and deny, suspend and revoke certification in the manner provided
in ORS 181.661, 181.662 and 181.664 (1).
(f) The department shall cause inspection
of standards and training for instructors and public safety personnel, except
youth correction officers, to be made.
(g) The department may recommend and the
board may establish by rule accreditation standards, levels and categories for
mandated and nonmandated public safety personnel training or educational
programs. The department and board, in consultation, may establish to what
extent training or educational programs provided by an accredited university,
college, community college or public safety agency may serve as equivalent to
mandated training or as a prerequisite to mandated training. Programs offered
by accredited universities, colleges or community colleges may be considered
equivalent to mandated training only in academic areas.
(2) The department may:
(a) Contract or otherwise cooperate with
any person or agency of government for the procurement of services or property;
(b) Accept gifts or grants of services or property;
(c) Establish fees for determining whether
a training or educational program meets the accreditation standards established
under subsection (1)(g) of this section;
(d) Maintain and furnish to law
enforcement units and public and private safety agencies information on
applicants for appointment as instructors or public safety personnel, except
youth correction officers, in any part of the state; and
(e) Establish fees to allow recovery of
the full costs incurred in providing services to private entities or in
providing services as experts or expert witnesses.
(3) The department, in consultation with
the board, may:
(a) Upon the request of a law enforcement
unit or public safety agency, conduct surveys or aid cities and counties to
conduct surveys through qualified public or private agencies and assist in the
implementation of any recommendations resulting from such surveys.
(b) Upon the request of law enforcement
units or public safety agencies, conduct studies and make recommendations
concerning means by which requesting units can coordinate or combine their
resources.
(c) Stimulate research by public and
private agencies to improve police, fire service, corrections and adult parole
and probation administration and law enforcement.
(d) Provide grants from funds appropriated
or available therefor, to law enforcement units, public safety agencies,
special districts, cities, counties and private entities to carry out the
provisions of this subsection.
(e) Provide optional training programs for
persons who operate lockups. The term lockup has the meaning given it in ORS
169.005.
(f) Provide optional training programs for
public safety personnel and their support staffs.
(g) Enter into agreements with federal,
state or other governmental agencies to provide training or other services in
exchange for receiving training, fees or services of generally equivalent
value.
(h) Upon the request of a law enforcement
unit or public safety agency employing public safety personnel, except youth
correction officers, grant an officer, fire service professional,
telecommunicator or emergency medical dispatcher a multidiscipline
certification consistent with the minimum requirements adopted or approved by
the board. Multidiscipline certification authorizes an officer, fire service
professional, telecommunicator or emergency medical dispatcher to work in any
of the disciplines for which the officer, fire service professional,
telecommunicator or emergency medical dispatcher is certified. The provisions
of ORS 181.652, 181.653 and 181.667 relating to lapse of certification do not
apply to an officer or fire service professional certified under this paragraph
as long as the officer or fire service professional maintains full-time
employment in one of the certified disciplines and meets the training standards
established by the board.
(i) Establish fees and guidelines for the
use of the facilities of the training academy operated by the department and
for nonmandated training provided to federal, state or other governmental
agencies, private entities or individuals.
(4) Pursuant to ORS chapter 183, the
board, in consultation with the department, shall adopt rules necessary to
carry out the boards duties and powers.
(5) Pursuant to ORS chapter 183, the
department, in consultation with the board, shall adopt rules necessary to
carry out the departments duties and powers.
(6) For efficiency, board and department
rules may be adopted jointly as a single set of combined rules with the
approval of the board and the department.
(7) The department shall obtain approval
of the board before submitting its legislative concepts, Emergency Board
request or budget requests to the Oregon Department of Administrative Services.
(8) The Department of Public Safety
Standards and Training shall develop a training program for conducting
investigations required ORS 181.789. [1961 c.721 §2; 1967 c.305 §4; 1969 c.609 §7;
1975 c.290 §2; 1975 c.605 §12; 1977 c.382 §2; 1979 c.410 §3; 1981 c.449 §2;
1983 c.606 §1; 1987 c.320 §138; 1987 c.901 §7; 1991 c.380 §2; 1991 c.742 §2;
1993 c.185 §12; 1995 c.79 §57; 1995 c.422 §131r; 1995 c.624 §2; 1997 c.853 §4;
1999 c.457 §1; 1999 c.867 §2; 2005 c.446 §1; 2005 c.448 §3; 2005 c.524 §1a;
2007 c.842 §14]
Note: The amendments to 181.640 by section 14, chapter
842, Oregon Laws 2007, become operative July 1, 2008. See section 16, chapter
842, Oregon Laws 2007. The text that is operative until July 1, 2008, is set
forth for the users convenience.
181.640. (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 departments 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.
(e) The department shall deny applications
for training and deny, suspend and revoke certification in the manner provided
in ORS 181.661, 181.662 and 181.664 (1).
(f) The department shall cause inspection
of standards and training for instructors and public safety personnel, except
youth correction officers, to be made.
(g) The department may recommend and the
board may establish by rule accreditation standards, levels and categories for
mandated and nonmandated public safety personnel training or educational
programs. The department and board, in consultation, may establish to what
extent training or educational programs provided by an accredited university,
college, community college or public safety agency may serve as equivalent to
mandated training or as a prerequisite to mandated training. Programs offered
by accredited universities, colleges or community colleges may be considered
equivalent to mandated training only in academic areas.
(2) The department may:
(a) Contract or otherwise cooperate with
any person or agency of government for the procurement of services or property;
(b) Accept gifts or grants of services or
property;
(c) Establish fees for determining whether
a training or educational program meets the accreditation standards established
under subsection (1)(g) of this section;
(d) Maintain and furnish to law
enforcement units and public and private safety agencies information on
applicants for appointment as instructors or public safety personnel, except
youth correction officers, in any part of the state; and
(e) Establish fees to allow recovery of
the full costs incurred in providing services to private entities or in
providing services as experts or expert witnesses.
(3) The department, in consultation with
the board, may:
(a) Upon the request of a law enforcement
unit or public safety agency, conduct surveys or aid cities and counties to
conduct surveys through qualified public or private agencies and assist in the
implementation of any recommendations resulting from such surveys.
(b) Upon the request of law enforcement
units or public safety agencies, conduct studies and make recommendations
concerning means by which requesting units can coordinate or combine their
resources.
(c) Stimulate research by public and
private agencies to improve police, fire service, corrections and adult parole
and probation administration and law enforcement.
(d) Provide grants from funds appropriated
or available therefor, to law enforcement units, public safety agencies,
special districts, cities, counties and private entities to carry out the
provisions of this subsection.
(e) Provide optional training programs for
persons who operate lockups. The term lockup has the meaning given it in ORS
169.005.
(f) Provide optional training programs for
public safety personnel and their support staffs.
(g) Enter into agreements with federal,
state or other governmental agencies to provide training or other services in
exchange for receiving training, fees or services of generally equivalent
value.
(h) Upon the request of a law enforcement
unit or public safety agency employing public safety personnel, except youth
correction officers, grant an officer, fire service professional,
telecommunicator or emergency medical dispatcher a multidiscipline
certification consistent with the minimum requirements adopted or approved by
the board. Multidiscipline certification authorizes an officer, fire service
professional, telecommunicator or emergency medical dispatcher to work in any
of the disciplines for which the officer, fire service professional,
telecommunicator or emergency medical dispatcher is certified. The provisions
of ORS 181.652, 181.653 and 181.667 relating to lapse of certification do not
apply to an officer or fire service professional certified under this paragraph
as long as the officer or fire service professional maintains full-time
employment in one of the certified disciplines and meets the training standards
established by the board.
(i) Establish fees and guidelines for the
use of the facilities of the training academy operated by the department and
for nonmandated training provided to federal, state or other governmental
agencies, private entities or individuals.
(4) Pursuant to ORS chapter 183, the
board, in consultation with the department, shall adopt rules necessary to
carry out the boards duties and powers.
(5) Pursuant to ORS chapter 183, the
department, in consultation with the board, shall adopt rules necessary to
carry out the departments duties and powers.
(6) For efficiency, board and department
rules may be adopted jointly as a single set of combined rules with the
approval of the board and the department.
(7) The department shall obtain approval
of the board before submitting its legislative concepts, Emergency Board
request or budget requests to the Oregon Department of Administrative Services.
Note: Section 15, chapter 842, Oregon Laws 2007,
provides:
Sec.
15. The Department of Public
Safety Standards and Training shall complete development of the training
program required by ORS 181.640 (8) no later than August 31, 2008. The
department shall submit a report summarizing the training program to the
legislative interim committees dealing with the judiciary no later than
September 30, 2008. [2007 c.842 §15]
181.641
Training in vehicle pursuit and mental illness recognition. The Department of Public Safety Standards
and Training shall include in the minimum training required for basic
certification as a police officer under ORS 181.665:
(1) The law, theory, policies and
practices related to vehicle pursuit driving and, as facilities and funding
permit, vehicle pursuit training exercises; and
(2) At least 24 hours of training in the
recognition of mental illnesses utilizing a crisis intervention training model.
[2001 c.734 §8; 2007 c.377 §1]
Note: 181.641 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.
181.642
Training relating to
(1) Investigate, identify and report
crimes:
(a) 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;
and
(b) That constitute abuse, as defined in
ORS 419B.005, or domestic violence.
(2) Understand the requirements of the
Vienna Convention on Consular Relations and identify situations in which the
officers are required to inform a person of the persons rights under the
convention. [1989 c.1028 §3; 1995 c.128 §1; 1995 c.624 §3; 2003 c.109 §1; 2007
c.70 §47]
181.643
Training in missing persons cases. Subject to the availability of funds, the Board on Public Safety
Standards and Training shall ensure that all police officers and certified
reserve officers are trained to investigate and report cases of missing
children and adults. When federal training programs are made available to the
state at no cost to the state, the board shall offer the training to police
officers and certified reserve officers. [2001 c.612 §2; 2007 c.500 §10]
181.644
Certification of telecommunicator or emergency medical dispatcher required;
extension. (1) Except for a
person who has requested and obtained an extension from the Department of
Public Safety Standards and Training pursuant to subsection (2) of this
section, no person may be employed as a telecommunicator or emergency medical
dispatcher by any public or private public safety agency for more than 18
months unless the person has been certified as being qualified as a
telecommunicator or emergency medical dispatcher under the provisions of ORS
181.610 to 181.712 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been reissued under
ORS 181.664.
(2) The department, upon the facts
contained in an affidavit accompanying the request for an extension, may find
good cause for failure to obtain certification within the time period described
in subsection (1) of this section. If the department finds that there is good
cause for such failure, the department may extend for up to one year the period
that a person may serve as a telecommunicator or an emergency medical
dispatcher without certification. The grant or denial of such an extension is
with the sole discretion of the department. [1991 c.742 §10; 1999 c.112 §1;
2001 c.687 §1]
181.645
Police, corrections, parole and probation and certified reserve officers
required to be at least 21 years of age. No law enforcement unit in this state shall employ as a police
officer, corrections officer or parole and probation officer, or utilize as a
certified reserve officer, any person who has not yet attained the age of 21
years. [1987 c.901 §2; 1995 c.624 §4]
181.650
Certification of instructors; accreditation of training programs. (1) Upon application and payment of the
appropriate fees, the Department of Public Safety Standards and Training or its
authorized representative shall examine and evaluate any instructor or any
public safety personnel training or educational program.
(2) If the department finds that an
instructor is qualified under the minimum requirements established pursuant to
ORS 181.640 (1)(a) and (b), the department in writing may certify the
instructor as being qualified for such a term and upon such conditions as the
department may prescribe.
(3) If the department finds that a public
safety personnel training or educational program or any course, subject,
facility or instruction thereof is qualified to satisfy any minimum training
requirement established pursuant to ORS 181.640 (1)(a) and (b) or any
accreditation standard established pursuant to ORS 181.640 (1)(g), the
department may accredit the extent of that qualification to the executive
authority of that public safety personnel training or educational program for
such a term and upon such conditions as the department may prescribe.
(4) An individual complies with any
minimum requirement of ORS 181.640 (1)(b) when the individual receives training
that is accredited under ORS 181.640 (1)(g) or subsection (3) of this section
as qualified to satisfy that requirement and the individual successfully meets
any academic or proficiency standard or condition relating to that minimum
requirement. [1961 c.721 §8; 1967 c.305 §6; 1975 c.290 §3; 1977 c.382 §3; 1991
c.742 §3; 1993 c.185 §13; 1995 c.624 §5; 1997 c.853 §5; 1999 c.867 §3]
181.651
Certification of full-time department employees. (1) Notwithstanding any other provision of
law, any full-time employee of the Department of Public Safety Standards and
Training who possesses the requisite qualifications may be certified or
recertified as a police officer, certified reserve officer, corrections
officer, parole and probation officer, fire service professional,
telecommunicator or emergency medical dispatcher.
(2) A department employee who is certified
as a police, certified reserve, corrections or parole and probation officer may
exercise the authority granted by law to such officers. This includes, but is
not limited to, the authority to possess material that is otherwise contraband
under the laws of this state in the performance of official duties and the
authority to carry a firearm or other weapon concealed.
(3) A department employee who is certified
as a police, certified reserve, corrections or parole and probation officer, a
fire service professional, a telecommunicator or an emergency medical
dispatcher is considered to be employed as a full-time public safety officer in
the discipline in which certification is held under this section for the
following purposes:
(a) Denying, suspending or revoking
certification under ORS 181.661, 181.662 and 181.664;
(b) Determining eligibility to apply for
benefits from the Public Safety Memorial Fund under ORS 243.954 to 243.974; and
(c) Determining eligibility to be honored
at the memorial created pursuant to section 1, chapter 508, Oregon Laws 1987. [1987
c.901 §3; 1991 c.742 §4; 1995 c.624 §6; 1997 c.853 §6; 2007 c.361 §1]
181.652
Certification of corrections officers required; extension; when training to
commence. (1) Except for a
person who has requested and obtained an extension pursuant to subsection (2)
of this section, no person may be employed as a corrections officer by any law
enforcement unit for more than one year unless the person is a citizen of the
United States, and:
(a) The person has been certified as being
qualified as a corrections officer under the provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked pursuant to
ORS 181.661, 181.662 and 181.664 (1) and not been reissued under ORS 181.664
(2); or
(b) The person is exempted from the
certification requirement under ORS 181.660.
(2) The Department of Public Safety
Standards and Training, upon the facts contained in an affidavit accompanying
the request for an extension, may find good cause for failure to obtain
certification within the time period described in subsection (1) of this
section. If the department finds that there is good cause for such failure, the
department may extend for up to one year the period that a person may serve as
a corrections officer without certification. The grant or denial of such an
extension is within the sole discretion of the department.
(3) The certification of a corrections
officer shall lapse upon the passage of more than three consecutive months
during which period the officer is not employed as a corrections officer,
unless the corrections officer is on leave from a law enforcement unit. Upon
reemployment as a corrections officer, the person whose certification has
lapsed may apply for certification in the manner provided in ORS 181.610 to
181.712.
(4) Except as provided in subsection (5)
of this section, a person employed as a corrections officer by any law
enforcement unit shall commence the training necessary for certification under
ORS 181.610 to 181.712 not later than the 90th day after the date of the
officers employment by the law enforcement unit at an academy operated or
authorized by the department in consultation with the Board on Public Safety
Standards and Training.
(5) A law enforcement unit may delay the
commencement of training of a corrections officer for up to 120 days from the
date of the officers employment when it considers the delay necessary. When a
law enforcement unit delays commencement of a corrections officers training
under this subsection, it shall file a written statement of its reasons with the
department.
(6) When a delay in the commencement of
training necessary for certification under ORS 181.610 to 181.712 at an academy
operated or authorized by the department is caused by the inability of the
department, for any reason, to provide that training, the period of such delay
shall not be counted as part of the periods set forth in subsections (4) and
(5) of this section within which the training must be commenced. [1975 c.290 §§11,12;
1987 c.901 §4; 1997 c.853 §7; 1999 c.112 §2]
181.653
Certification of parole and probation officers required; extension. (1) Except for a person who has requested
and obtained an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person may be employed
as a parole and probation officer for more than 18 months unless the person is
a citizen of the United States, and:
(a) The person has been certified as being
qualified as a parole and probation officer under provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked pursuant to
ORS 181.661, 181.662 and 181.664 (1) and not reissued under ORS 181.664 (2); or
(b) The person is exempted from the
certification requirement under ORS 181.660.
(2) The department, upon the facts
contained in an affidavit accompanying the request for an extension, may find
good cause for failure to obtain certification within the time period described
in subsection (1) of this section. If the department finds that there is good
cause for such failure, the department may extend for up to one year the period
that a person may serve as a parole and probation officer without
certification. The grant or denial of such an extension is within the sole
discretion of the department.
(3) The certification of a parole and
probation officer shall lapse upon the passage of more than three consecutive
months during which period the officer is not employed as a parole and
probation officer, unless the officer is on leave from a law enforcement unit.
Upon reemployment as a parole and probation officer, the person whose
certification has lapsed may apply for certification in the manner provided in
ORS 181.610 to 181.712.
(4) In order to maintain certification, a
parole and probation officer who is employed part-time must complete annually
at least 20 hours of continuing education approved by the Department of Public
Safety Standards and Training.
(5) The requirement of citizenship imposed
under subsection (1) of this section does not apply to a person employed as a
parole and probation officer on September 27, 1987, who continues to serve as a
parole and probation officer. [1977 c.382 §§9,10; 1981 c.449 §3; 1987 c.320 §139;
1987 c.901 §5; 1999 c.112 §3; 1999 c.854 §2; 2001 c.687 §2]
181.654
Certification of certain Law Enforcement Data System employees. (1) A certified police officer or certified
reserve officer who leaves police service to become a full-time employee of the
Law Enforcement Data System under ORS 181.730 may retain certification, subject
to satisfactory completion of any continuing training required by the
Department of Public Safety Standards and Training to maintain certification.
(2) A full-time employee of the Law
Enforcement Data System whose certification has lapsed, or who previously has
had equivalent certification with another state or the federal government may,
within 30 months following the lapse of certification or end of prior
equivalent certification, apply to the department for certification as provided
in ORS 181.660 (2). [1987 c.901 §11; 1993 c.188 §12; 1995 c.624 §7; 1997 c.853 §8]
181.655
Reimbursement for training to local law enforcement units; rules. (1) The Department of Public Safety
Standards and Training, in consultation with the Board on Public Safety
Standards and Training, shall provide a reimbursement program to local law
enforcement units which send police officers or corrections officers to the
training academy operated or authorized by the department. Such reimbursement
shall be to defray the cost of salaries and other expenses incurred during the
training of the officers.
(2) Such reimbursement program shall be
supported entirely out of funds maintained in the Police Standards and Training
Account after administrative and operational expenses of the board and
department can be met from existing revenues.
(3) Reimbursement programs shall not apply
to nongovernmental organizations.
(4) Pursuant to ORS chapter 183, the
department, in consultation with the board, shall adopt rules necessary to
carry out the provisions of this section.
(5) Notwithstanding the provisions of
subsection (1) of this section, a common carrier railroad law enforcement unit
shall not be entitled to receive reimbursement of any kind from the department.
[1971 c.328 §2; 1975 c.290 §4; 1977 c.382 §14; 1977 c.737 §2; 1979 c.410 §4;
1997 c.853 §9]
181.657
Limitation on accreditation of training programs. (1) Notwithstanding ORS 181.640 (1)(g) and
181.650 (3), the Department of Public Safety Standards and Training may not
accredit any public safety personnel training program provided by a public
safety agency or any educational program as equivalent to the minimum training
required for basic certification as a police officer under ORS 181.665.
(2) Subsection (1) of this section does
not apply to Department of State Police training programs or the Oregon Police
Corps training program.
(3) As used in this section, Oregon
Police Corps training program means the residential, basic law enforcement
training program that is required of Oregon participants in the scholarship
program administered by the United States Department of Justice that is
designed to address violent crime by helping state and local law enforcement
agencies increase the number of officers with advanced education and training
assigned to community patrol. [2001 c.734 §4; 2003 c.770 §6]
Note: Section 6, chapter 734, Oregon Laws 2001,
provides:
Sec.
6. (1) ORS 181.657 and the
amendments to ORS 181.665 by section 5, chapter 734, Oregon Laws 2001, become
operative on the earlier of the following dates:
(a) The date on which the Police Policy
Committee established under ORS 181.637 certifies to the Governor that the
training academy for which the acquisition of real property is authorized by
ORS 181.636 is completed; or
(b) January 1, 2007.
(2) Notwithstanding subsection (1) of this
section, a public safety personnel training program that, prior to the earlier
of the dates set out in subsection (1) of this section, was accredited as
equivalent to the minimum training required for basic certification as a police
officer under ORS 181.665 continues to be so accredited after that date until
the completion of all training programs that began prior to that date. [2001
c.734 §6; 2003 c.770 §4]
181.660
Application of minimum standards and training to certain persons; certification
based on experience, education or training. (1) The minimum standards and minimum training requirements
established pursuant to ORS 181.640 (1) do not apply to:
(a) The Superintendent of State Police.
(b) Any individual who is a constable of
the justice court.
(c) Any sheriffs deputy appointed with
authority only to receive and serve summons and civil process.
(d) Any municipal parole officer.
(e) Any dog control officer commissioned
by a city or county.
(f) Any individual appointed by the
Superintendent of State Police under ORS 181.265.
(g) An individual performing the duties of
a reserve officer who has not been required by the law enforcement unit
utilizing the individual to receive training for certification as a certified
reserve officer.
(2) The Department of Public Safety
Standards and Training may, upon application of an individual public safety
officer, except a youth correction officer, at its discretion, certify the
public safety officer as provided in ORS 181.640 (1)(d) upon a finding that the
public safety officers professional experience, education or training meets
the standards required for certification. [1961 c.721 §§9,10; 1967 c.305 §5;
1969 c.609 §8; 1975 c.290 §5; 1975 c.356 §1; 1977 c.382 §4; 1981 c.449 §4; 1987
c.901 §9; 1991 c.742 §5; 1993 c.185 §14; 1993 c.594 §3; 1995 c.624 §8; 1995
c.658 §90; 1997 c.853 §§10,11; 1999 c.867 §4]
181.661
Procedure prior to denial, suspension or revocation of certification. When the Department of Public Safety
Standards and Training denies application or certification or the department or
Board on Public Safety Standards and Training believes there is a reasonable
basis for suspending or revoking the certification of an instructor or a public
safety officer, except a youth correction officer or fire service professional,
notice and opportunity for a hearing shall be provided in accordance with rules
approved by the board and in accordance with ORS 183.415 and 183.417 prior to
suspension or revocation. [1973 c.612 §11 (enacted in lieu of 181.663); 1975
c.290 §6; 1977 c.382 §5; 1991 c.742 §6; 1995 c.624 §9; 1997 c.853 §13; 1999
c.867 §5; 2005 c.524 §3; 2007 c.288 §8]
181.662
Grounds for denying, suspending or revoking certification of person or accreditation
of program; rules. (1) The
Department of Public Safety Standards and Training may deny the application for
training, or deny, suspend or revoke the certification, of any instructor or
public safety officer, except a youth correction officer or fire service
professional, after written notice and hearing consistent with the provisions
of ORS 181.661, based upon a finding that:
(a) The public safety officer or
instructor falsified any information submitted on the application for
certification or on any documents submitted to the Board on Public Safety
Standards and Training or the department.
(b) The public safety officer or
instructor has been convicted of a crime or violation in this state or any
other jurisdiction.
(c) The public safety officer or
instructor does not meet the applicable minimum standards, minimum training or
the terms and conditions established under ORS 181.640 (1)(a) to (d).
(d) The public safety officer failed to
comply with ORS 181.789 (3)(b).
(2) The department shall deny, suspend or
revoke the certification of a fire service professional, after written notice
and hearing consistent with the provisions of ORS 181.661, based upon a finding
that the fire service professional has been convicted in this state of a crime
listed in ORS 137.700 or in any other jurisdiction of a crime that, if
committed in this state, would constitute a crime listed in ORS 137.700.
(3) The department may deny, suspend or
revoke the certification of any fire service professional after written notice
and hearing consistent with the provisions of ORS 181.661, based upon a
finding:
(a) That the fire service professional
falsified any information submitted on the application for certification or on
any documents submitted to the board or the department; or
(b) Consistent with ORS 670.280, that the
fire service professional is not fit to receive or hold the certification as a
result of conviction of a crime in this state, or in any other jurisdiction,
other than a crime described in subsection (2) of this section.
(4) The department shall deny, suspend or
revoke the certification of any public safety officer or instructor, except a
youth correction officer, after written notice and hearing consistent with the
provisions of ORS 181.661, based upon a finding that the public safety officer
or instructor has been discharged for cause from employment as a public safety
officer.
(5) The department, in consultation with
the board, shall adopt rules specifying those crimes and violations for which a
conviction requires the denial, suspension or revocation of the certification
of a public safety officer or instructor.
(6) Notwithstanding the lapse, suspension,
revocation or surrender of the certification of a public safety officer or
instructor, the department may:
(a) Proceed with any investigation of, or
any action or disciplinary proceedings against, the public safety officer or
instructor; or
(b) Revise or render void an order
suspending or revoking the certification.
(7) The department shall deny, suspend or
revoke the accreditation of a training or educational program or any course,
subject, facility or instruction thereof if the program, course, subject,
facility or instruction is not in compliance with rules adopted or conditions
prescribed under ORS 181.640 (1)(g) or 181.650 (3). [1969 c.609 §2; 1975 c.290 §7;
1977 c.382 §6; 1979 c.410 §5; 1981 c.449 §5; 1987 c.901 §8; 1991 c.742 §7; 1993
c.185 §15; 1993 c.301 §5; 1995 c.624 §10; 1995 c.768 §13; 1997 c.853 §14; 1999
c.867 §6; 2001 c.104 §61; 2001 c.654 §1; 2003 c.770 §3; 2005 c.448 §1; 2005
c.524 §2; 2007 c.842 §8]
Note: The amendments to 181.662 by section 8,
chapter 842,
181.662 (1) The Department of Public Safety
Standards and Training may deny the application for training, or deny, suspend
or revoke the certification, of any instructor or public safety officer, except
a youth correction officer or fire service professional, after written notice
and hearing consistent with the provisions of ORS 181.661, based upon a finding
that:
(a) The public safety officer or
instructor falsified any information submitted on the application for
certification or on any documents submitted to the Board on Public Safety
Standards and Training or the department.
(b) The public safety officer or
instructor has been convicted of a crime or violation in this state or any
other jurisdiction.
(c) The public safety officer or
instructor does not meet the applicable minimum standards, minimum training or
the terms and conditions established under ORS 181.640 (1)(a) to (d).
(2) The department shall deny, suspend or
revoke the certification of a fire service professional, after written notice
and hearing consistent with the provisions of ORS 181.661, based upon a finding
that the fire service professional has been convicted in this state of a crime
listed in ORS 137.700 or in any other jurisdiction of a crime that, if
committed in this state, would constitute a crime listed in ORS 137.700.
(3) The department may deny, suspend or
revoke the certification of any fire service professional after written notice
and hearing consistent with the provisions of ORS 181.661, based upon a
finding:
(a) That the fire service professional
falsified any information submitted on the application for certification or on
any documents submitted to the board or the department; or
(b) Consistent with ORS 670.280, that the
fire service professional is not fit to receive or hold the certification as a
result of conviction of a crime in this state, or in any other jurisdiction,
other than a crime described in subsection (2) of this section.
(4) The department shall deny, suspend or
revoke the certification of any public safety officer or instructor, except a
youth correction officer, after written notice and hearing consistent with the
provisions of ORS 181.661, based upon a finding that the public safety officer
or instructor has been discharged for cause from employment as a public safety
officer.
(5) The department, in consultation with
the board, shall adopt rules specifying those crimes and violations for which a
conviction requires the denial, suspension or revocation of the certification
of a public safety officer or instructor.
(6) Notwithstanding the lapse, suspension,
revocation or surrender of the certification of a public safety officer or
instructor, the department may:
(a) Proceed with any investigation of, or
any action or disciplinary proceedings against, the public safety officer or
instructor; or
(b) Revise or render void an order
suspending or revoking the certification.
(7) The department shall deny, suspend or
revoke the accreditation of a training or educational program or any course,
subject, facility or instruction thereof if the program, course, subject,
facility or instruction is not in compliance with rules adopted or conditions
prescribed under ORS 181.640 (1)(g) or 181.650 (3).
181.663 [1969 c.609 §3; repealed by 1973 c.612 §10
(181.661 enacted in lieu of 181.663)]
181.664
Judicial review of departments final order; reapplication for certification;
rules. (1) An instructor or
a public safety officer, except a youth correction officer, aggrieved by the
findings and order of the Department of Public Safety Standards and Training
may, as provided in ORS 183.480, file an appeal with the Court of Appeals from
the final order of the department.
(2) The department shall recommend and the
Board on Public Safety Standards and Training shall establish by rule a policy
and procedures governing the circumstances under which a public safety officer
or instructor who has had certification denied or revoked pursuant to ORS
181.661 and 181.662 and subsection (1) of this section may reapply for
certification and specifying the circumstances under which the public safety
officer or instructor may not reapply. [1969 c.609 §§4,5; 1973 c.612 §12; 1975
c.290 §8; 1977 c.382 §7; 1981 c.449 §6; 1991 c.742 §8; 1993 c.185 §16; 1995
c.624 §11; 1999 c.112 §5; 1999 c.867 §7; 2005 c.448 §2]
181.665
Certification of police officer and certified reserve officer required;
extension. (1) Except for a
person who has requested and obtained an extension from the Department of
Public Safety Standards and Training pursuant to subsection (2) of this
section, a person may not be employed as a police officer, or utilized as a
certified reserve officer, by any law enforcement unit for more than 18 months
unless:
(a) The person is a citizen of the
(b) The person has been certified as being
qualified as a police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither lapsed nor been
revoked pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been reissued
under ORS 181.664 (2).
(2) The department, upon the facts
contained in an affidavit accompanying the request for an extension, may find
good cause for failure to obtain certification within the time period described
in subsection (1) of this section. If the department finds that there is good
cause for such failure, the department may extend for up to one year the period
that a person may serve as a police officer or reserve officer without certification.
The grant or denial of such an extension is within the sole discretion of the
department.
(3) Except as provided in subsection (4)
of this section, a person employed as a police officer by any law enforcement
unit shall commence the training necessary for certification under ORS 181.610
to 181.712 at an academy operated by the department not later than the 90th day
after the date of the officers employment by the law enforcement unit.
(4) A law enforcement unit may delay the
commencement of training of a police officer for up to 120 days from the date
of the officers employment when it considers the delay necessary. When a law
enforcement unit delays commencement of a police officers training under this
subsection, it shall file a written statement of its reasons with the
department.
(5) When a delay in the commencement of
training necessary for certification under ORS 181.610 to 181.712 at an academy
operated by the department is caused by the inability of the department, for
any reason, to provide that training, the period of such delay shall not be
counted as part of the periods set forth in subsections (3) and (4) of this
section within which the training must be commenced.
(6) A person utilized as a certified
reserve officer by a law enforcement unit must complete the training necessary
for certification under ORS 181.610 to 181.712 at a site approved by the
department. [1967 c.305 §1; 1969 c.609 §9; 1975 c.290 §9; 1975 c.356 §2; 1979
c.410 §6; 1987 c.901 §6; 1995 c.624 §12; 1997 c.853 §15; 1999 c.112 §4; 2001
c.687 §3; 2001 c.734 §5]
181.667
Lapse of certification; reapplication for certification; rules; fees. (1)(a) The certification of any police
officer who does not serve as a police officer, or any certified reserve
officer who is not utilized as a certified reserve officer, for any period of
time in excess of three consecutive months is lapsed. Upon reemployment as a
police officer, or recommencing service as a reserve officer, the person whose
certification has lapsed may apply for certification in the manner provided in
ORS 181.610 to 181.712.
(b) Notwithstanding paragraph (a) of this
subsection, the certification of a police officer or certified reserve officer
does not lapse if the officer:
(A) Is on leave from a law enforcement unit;
or
(B) Is an honorably retired police officer
who meets the requirements established by the Department of Public Safety
Standards and Training under paragraph (c) of this subsection for maintaining
certification.
(c) The department, in consultation with
the Board on Public Safety Standards and Training, may adopt rules
establishing:
(A) A program of continuing training for
honorably retired police officers that would enable a police officer whose
certification would otherwise lapse under paragraph (a) of this subsection to
maintain certification for as long as the police officer meets the training
requirements; and
(B) A fee to be paid by honorably retired
police officers to maintain certification under this subsection. The fee may
not exceed the costs incurred by the department and board in administering the
training program.
(2) The certification of any fire service
professional, telecommunicator or emergency medical dispatcher who is not
utilized as a fire service professional, telecommunicator or emergency medical
dispatcher for any period of time in excess of 12 consecutive months, unless
the fire service professional, telecommunicator or emergency medical dispatcher
is on leave from a public or private safety agency, is lapsed. Upon reemployment
as a fire service professional, telecommunicator or emergency medical
dispatcher, the person whose certification has lapsed may apply for
certification in the manner provided in ORS 181.610 to 181.712. [1969 c.609 §6;
1995 c.624 §13; 1997 c.315 §1; 1999 c.566 §1]
181.670
Effect of minimum requirements under authority other than ORS 181.640. Compliance with minimum standards or minimum
training recommended pursuant to ORS 181.640 for public safety personnel,
except youth correction officers, does not exempt any individual from any
minimum requirement for selection or promotion as a police officer or certified
reserve officer under ORS 181.260 or under any civil service law, charter or
ordinance for a county or city. [1961 c.721 §11; 1975 c.290 §13; 1977 c.382 §13;
1991 c.742 §11; 1993 c.185 §17; 1995 c.624 §14; 1999 c.867 §8]
181.675
Disclosure of information about public safety officer. (1) The Board on Public Safety Standards and
Training and the Department of Public Safety Standards and Training may not
disclose a photograph of a public safety officer without the written consent of
the public safety officer or the public safety officers employer. This
subsection does not apply to the use by the board or department of a photograph
of a public safety officer.
(2) A public safety agency shall provide
the department with access to personnel records of an employee or former
employee of the public safety agency if:
(a) The department requests access to the
records;
(b) The department is conducting an investigation
under ORS 181.662 relating to the employee or former employees qualifications
for employment, training or certification as a public safety officer; and
(c) The records are related to the issue
being investigated.
(3) A public safety agency that discloses
information under subsection (2) of this section is presumed to be acting in
good faith and, unless lack of good faith is shown by a preponderance of the
evidence, is immune from civil liability from the disclosure or its
consequences. For purposes of this subsection, the presumption of good faith is
rebutted upon a showing that the public safety agency disclosed the information
knowing that the information was false or deliberately misleading or disclosed
the information with malicious purpose. [2003 c.770 §2]
181.679
Civil penalties relating to certification; rules. (1) The Department of Public Safety
Standards and Training may impose a civil penalty on a public safety agency for
violation of ORS 181.644, 181.652, 181.653 or 181.665.
(2) The department shall recommend and the
Board on Public Safety Standards and Training by rule shall adopt a schedule
establishing civil penalties that may be imposed under subsection (1) of this
section. Civil penalties imposed under subsection (1) of this section may not
exceed $1,500 for each violation.
(3) When the department imposes a civil
penalty under subsection (1) of this section, the department shall impose the
penalty in the manner provided by ORS 183.745.
(4) All penalties recovered under subsection
(1) of this section shall be paid into the State Treasury and credited to the
General Fund and are available for general governmental expenses.
(5) When, for the purpose of complying
with ORS 181.644, 181.652, 181.653 or 181.665 and after notice from the
department that an employee has not met the certification requirements of ORS
181.644, 181.652, 181.653 or 181.665, a public safety agency terminates or
reassigns the employee solely because the employee has not met the
certification requirements of ORS 181.644, 181.652, 181.653 or 181.665, the
public safety agency is presumed to be acting in good faith and, unless lack of
good faith is shown by clear and convincing evidence, is immune from civil
liability for the termination or reassignment. [2005 c.586 §2]
181.680 [1961 c.721 §3; repealed by 1975 c.605 §33]
181.690
Police Standards and Training Account. (1) There is established in the General Fund of the State Treasury the
Police Standards and Training Account. All contributions or other moneys received
by the Board on Public Safety Standards and Training or Department of Public
Safety Standards and Training shall be paid into the State Treasury and
credited to the Police Standards and Training Account. All moneys in the Police
Standards and Training Account are appropriated continuously to the department
and, except as provided in subsection (2) of this section, shall be used by the
department to carry out the functions of the department under the policies and
standards for training and certification approved by the board.
(2) Moneys in the Police Standards and
Training Account may be transferred to the Department of State Police and the
Department of Corrections to defray the training costs of police officers and
parole and probation officers and to defray the cost of the Law Enforcement
Data System. The amounts transferred under this subsection shall be deposited
in the cash accounts of such agencies in accordance with an allotment plan
approved by the Oregon Department of Administrative Services.
(3) Notwithstanding subsection (1) of this
section, moneys credited to the account under ORS 181.887 and 703.490 may be
used only for the expenses of administration and enforcement of ORS 181.870 to
181.887, 181.991, 703.401 to 703.490, 703.993 and 703.995. [1961 c.721 §7; 1979
c.410 §7; 1987 c.320 §140; 1993 c.188 §13; 1997 c.853 §16; 2007 c.362 §1]
181.700
Legislative intent. It is
the intent of the Legislative Assembly in creating the Board on Public Safety
Standards and Training to provide for the coordination of training programs for
police officers, certified reserve officers, corrections officers and parole
and probation officers and to set standards. [1961 c.721 §14; 1975 c.290 §14;
1977 c.382 §11; 1995 c.624 §15; 1999 c.59 §39]
181.705
Minimum standards and training requirements not applicable to certain police
officers. The minimum
standards and training requirements established pursuant to ORS 181.640 (1) do
not apply to police officers commissioned by the Governor under ORS 131.880 who
have served in that capacity for at least two years immediately preceding
October 4, 1977. [1977 c.737 §4]
181.710 [1969 c.488 §§5,6; 1973 c.130 §3; 1979 c.92 §5;
1981 c.59 §1; repealed by 1993 c.188 §15]
181.711
Department not required to provide training for certification of reserve
officers. Nothing in ORS
181.610, 181.640, 181.642, 181.645, 181.650, 181.651, 181.654, 181.660,
181.661, 181.662, 181.664, 181.665, 181.667, 181.670, 181.700 and 181.711
requires:
(1) A law enforcement unit to certify
individuals who are utilized by the law enforcement unit to perform the duties
of a reserve officer; or
(2) The Department of Public Safety
Standards and Training to provide the training for, or to fund, certification
of reserve officers. [1995 c.624 §17; 1997 c.853 §17]
181.712
Child abuse and domestic violence training; report. No later than January 1 of each year, the
Department of Public Safety Standards and Training, in consultation with the
Board on Public Safety Standards and Training, shall submit to the Legislative
Assembly, as provided in ORS 192.245, a report on the implementation of child
abuse and domestic violence training provided by the department. [1995 c.128 §3;
1997 c.853 §18]
181.714
Police Memorial Trust Fund; rules. (1) The Police Memorial Trust Fund is created separate from the
General Fund. The fund shall consist of moneys appropriated therefor and gifts
and grants thereto and the interest thereon. The fund is continuously
appropriated for the purposes of section 1 (2), chapter 508, Oregon Laws 1987.
(2) The fund shall be administered by the
State Treasurer.
(3) The Board on Public Safety Standards
and Training, in consultation with the Department of Public Safety Standards
and Training, may adopt rules that designate the classifications of public
safety personnel killed in the line of duty who may be honored at the memorial
created pursuant to section 1, chapter 508, Oregon Laws 1987.
(4) The costs of maintenance and
relocation of the memorial described in subsection (3) of this section and the
costs of an annual memorial service honoring persons killed in the line of duty
shall be paid out of the Police Memorial Trust Fund. [1987 c.508 §2;
subsections (3) and (4) of 2001 Edition enacted as 2001 c.491 §1]
CRIMINAL
JUSTICE INFORMATION STANDARDS
181.715
Criminal Justice Information Standards program; duties. (1) The Department of State Police or
another criminal justice agency designated by the Director of the Oregon
Department of Administrative Services shall operate a Criminal Justice Information
Standards program that coordinates information among state criminal justice
agencies. The program shall:
(a) Ensure that in developing new
information systems, data can be retrieved to support evaluation of criminal
justice planning and programs, including, but not limited to, the ability of
the programs to reduce future criminal conduct;
(b) Ensure that maximum effort is made for
the safety of public safety officers;
(c) Establish methods and standards for
data interchange and information access between criminal justice information
systems, in compliance with the technology standards and policies of the Oregon
Department of Administrative Services;
(d) Design and implement improved
applications for exchange of agency information; and
(e) Implement the capability to exchange
images between criminal justice agencies.
(2) The program shall develop a plan to
accelerate data sharing and information integration among criminal justice
agencies. The plan shall include, but is not limited to, priorities, timelines,
development costs, resources needed, the projected ongoing cost of support,
critical success factors and any known barriers to accomplishing the plan.
Representatives of criminal justice agencies and public safety agencies,
including but not limited to local law enforcement agencies, courts of criminal
jurisdiction, district attorneys, city attorneys with criminal prosecutive
functions, public defender organizations established under ORS chapter 151,
community corrections directors, jail managers and county juvenile departments,
shall be invited to participate in the planning process. The program shall
present the plan to the Director of the Oregon Department of Administrative
Services no later than May 30 of each even-numbered year for development of the
Governors budget report. The program shall submit the plan to the Joint
Legislative Committee on Information Management and Technology no later than
December 31 of each even-numbered year.
(3) Notwithstanding the meaning given criminal
justice agency in ORS 181.010, as used in this section and ORS 181.720, criminal
justice agency includes, but is not limited to:
(a) The Judicial Department;
(b) The Attorney General;
(c) The Department of Corrections;
(d) The Department of State Police;
(e) Any other state agency with law
enforcement authority designated by order of the Governor;
(f) The Department of Transportation;
(g) The State Board of Parole and
Post-Prison Supervision;
(h) The Department of Public Safety
Standards and Training;
(i) The State Department of Fish and
Wildlife;
(j) The
(k) The
(L) The State Commission on Children and
Families. [1993 c.188 §5; 1997 c.433 §4; 1997 c.853 §19; 2001 c.936 §4]
181.720
Duties of state criminal justice agencies. (1) State criminal justice agencies, as part of their biennial budget
requests and information resource management plans, shall address the goals of
the Criminal Justice Information Standards program with particular attention
to:
(a) Data access, availability and
information sharing among criminal justice agencies; and
(b) The plan developed under ORS 181.715.
(2) Information resource management plans
must be based on industry standards for open systems to the greatest extent
possible.
(3) A state criminal justice agency shall
submit a copy of its information resource management plan to the Criminal
Justice Information Standards Advisory Board. [1993 c.188 §7; 1997 c.433 §17;
2001 c.936 §5]
181.725
Criminal Justice Information Standards Advisory Board; members; expenses. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of State Police
or the criminal justice agency designated by the Director of the Oregon
Department of Administrative Services under ORS 181.715 (1) about the
departments or the agencys duties under ORS 181.715. The board consists of
the following members:
(a) The State Court Administrator or the
administrators designee;
(b) The Director of the Department of
Corrections or the directors designee;
(c) The Superintendent of State Police or
the superintendents designee;
(d) The executive director of the Oregon
Criminal Justice Commission or the executive directors designee;
(e) The Director of Transportation or the
directors designee;
(f) The chairperson of the State Board of
Parole and Post-Prison Supervision or the chairpersons designee;
(g) The Director of the Department of
Public Safety Standards and Training or the directors designee;
(h) A chief of police designated by the
Oregon Association Chiefs of Police;
(i) A sheriff designated by the Oregon
Sheriffs Association;
(j) A jail manager designated by the
Oregon Jail Managers Association;
(k) A county juvenile department director
designated by the Oregon Juvenile Department Directors Association;
(L) A community corrections agency
director designated by the Oregon Association of Community Corrections
Directors;
(m) A district attorney designated by the
Oregon District Attorneys Association;
(n) The administrator of the information
resource management division of the Oregon Department of Administrative
Services or the administrators designee;
(o) The Director of the Oregon Youth
Authority or the directors designee;
(p) The State Fish and Wildlife Director
or the directors designee;
(q) The administrator of the Oregon Liquor
Control Commission or the administrators designee; and
(r) The staff director of the State
Commission on Children and Families or the staff directors designee.
(2) The board shall meet at such times and
places as the board deems necessary.
(3) The members of the board are not
entitled to compensation but are entitled to expenses as provided in ORS
292.495. [1993 c.188 §6; 1997 c.433 §5; 1997 c.853 §20; 2001 c.936 §6; 2003
c.14 §83]
181.730
Law Enforcement Data System established; duties; rules. (1) There is established in the Department
of State Police a Law Enforcement Data System.
(2) The Law Enforcement Data System shall:
(a) Install and maintain a criminal
justice telecommunication and information system for storage and retrieval of
criminal justice information submitted by criminal justice agencies for the
State of
(b) Function as the control point for
access to similar programs operated by other states and the federal government;
(c) Undertake other projects as are
necessary or appropriate for the speedy collection and dissemination of
information relating to crime and criminals; and
(d) Provide service as available to all qualified
criminal justice agencies and designated agencies.
(3) The department may adopt rules
establishing procedures for the submission, access and dissemination of
information by the Law Enforcement Data System. [1993 c.188 §8]
181.750
Definitions for ORS 181.755 to 181.765. As used in ORS 181.755 to 181.765, unless the context requires
otherwise:
(1) Center means the
(2) Coordinator means the Coordinator of
the
(3) Department means the Department of
Public Safety Standards and Training.
(4) Director means the Director of the
Department of Public Safety Standards and Training. [Formerly 184.405; 1997
c.853 §21]
181.755
(1) Develop, plan and carry out a
comprehensive, long-range, integrated program, implemented by local crime
prevention councils, that will mobilize all Oregon residents, including the
youth of this state, in a year-round preventive effort to reduce both crime and
delinquency;
(2) Provide a mechanism to support, unify,
promote, implement and evaluate crime prevention efforts;
(3) Act as a clearinghouse for crime
prevention efforts;
(4) Provide a means by which law enforcement
and prevention related agencies, civilian personnel and the education community
may acquire the resource materials, technical assistance, knowledge and skills
necessary to develop, implement and evaluate crime prevention and intervention
programs;
(5) Provide ongoing, programmatic support
to crime prevention efforts of law enforcement and crime prevention councils,
enabling them to develop programs within their jurisdiction or community;
(6) Assist law enforcement agencies and
crime prevention councils to increase the awareness of communities, businesses
and governments regarding the need for crime prevention while offering
information on current and future programming in their communities and in this
state;
(7) Increase the availability of resource
materials that may be utilized by local crime prevention programs, analyze
data, evaluate needs and develop specific crime prevention strategies;
(8) Coordinate the efforts of law
enforcement agencies and local crime prevention councils and programs to prevent
the victimization of children by criminal acts and to prevent the occurrence of
criminal behavior by children and young persons through educational programs;
and
(9) Operate as a resource for local
governments and upon the request of any local agency shall:
(a) Provide technical assistance and crime
prevention programs in the form of on-site visits, resource development and
distribution, consultation, community resource identification, utilization,
training and promotion of crime prevention programs or activities;
(b) Review master copies of materials and
resources, with the concurrence of any
(c) Provide assistance in increasing the
knowledge of community, business and governmental leaders concerning the theory
and operation of crime prevention and how their involvement will assist in
efforts to prevent crime;
(d) Provide resource materials to and
assistance in developing the skills of law enforcement personnel, which
materials and skills are necessary to create successful crime prevention
strategies that meet the needs of specific regions and communities throughout
the state;
(e) Act as a liaison between local, state
and national agencies concerning crime prevention issues; and
(f) Coordinate efforts with any statewide
crime prevention association and receive from the association advice and
direction for the operation of the center and related activities. [Formerly
184.407; 1997 c.853 §22]
181.760
Coordinator; appointment; duties. (1) The
(2) The Director of the Department of
Public Safety Standards and Training shall appoint the coordinator who shall
have experience and knowledge in the area of crime prevention.
(3) The coordinator shall receive a salary
as provided by law or, if not so provided, as prescribed by the director.
(4) The coordinator is authorized to
solicit, receive and expend grants, including matching grants, from private
sources to aid in carrying out the provisions of ORS 181.750 to 181.765. [Formerly
184.409]
181.765
Advisory committee; meetings; expenses. (1) To aid and advise the coordinator in the performance of the
functions of the
(2) The committee shall meet at such times
and places as shall be determined by the coordinator.
(3) Legislative members shall receive no
compensation or per diem for services as members but may receive actual and
necessary travel and other expenses under ORS 171.072 from funds appropriated
to the Legislative Assembly. Other members of the committee shall be entitled
to expenses as provided in ORS 292.495. [Formerly 184.411]
PLAN
ADDRESSING USE OF DEADLY PHYSICAL FORCE
181.781
Definitions for ORS 181.781 to 181.796. As used in ORS 181.781 to 181.796:
(1) Employ, when used in the context of
the relationship between a law enforcement agency and a police officer,
includes the assignment of law enforcement duties on a volunteer basis to a
reserve officer.
(2) Law enforcement agency means the
Department of State Police, the Department of Justice, a district attorney, a
political subdivision of the State of Oregon and a municipal corporation of the
State of Oregon, that maintains a law enforcement unit as defined in ORS
181.610 (12)(a)(A).
(3) Police officer means a person who
is:
(a) A police officer or reserve officer as
defined in ORS 181.610; and
(b) Employed by a law enforcement agency
to enforce the criminal laws of this state. [2007 c.842 §1]
181.783
Planning authority; development and approval of plan; compliance; notice upon
challenge to plan. (1) There
is created in each county a deadly physical force planning authority consisting
of the following members:
(a) The district attorney and sheriff of
the county.
(b) A nonmanagement police officer
selected by the district attorney and sheriff. If there are unions representing
police officers within the county, the district attorney and sheriff shall
select the police officer from among candidates nominated by any union representing
police officers within the county.
(c) If at least one city within the county
employs a police chief, a police chief selected by the police chiefs within the
county.
(d) A representative of the public
selected by the district attorney and sheriff. The person selected under this
paragraph may not be employed by a law enforcement agency.
(e) A representative of the Oregon State
Police selected by the Superintendent of State Police.
(2) The district attorney and sheriff are
cochairpersons of the planning authority.
(3) The law enforcement agency that
employs the police officer selected under subsection (1)(b) of this section
shall release the officer from other duties for at least 16 hours per year to
enable the officer to serve on the planning authority. The agency shall
compensate the officer at the officers regular hourly wage while the officer
is engaged in planning authority activities.
(4) The planning authority shall develop a
plan consisting of the following:
(a) An element dealing with education,
outreach and training regarding the use of deadly physical force for police
officers, attorneys employed by state or local government within the county and
members of the community.
(b) An element dealing with the immediate
aftermath of an incident in which a police officer used deadly physical force.
(c) An element dealing with the
investigation of an incident in which a police officer used deadly physical
force.
(d) An element dealing with the exercise
of district attorney discretion to resolve issues of potential criminal
responsibility resulting from a police officers use of deadly physical force.
(e) An element dealing with collecting
information regarding a police officers use of deadly physical force,
debriefing after an incident in which a police officer used deadly physical
force and revising a plan developed under this subsection based on experience.
(f) An estimate of the fiscal impact on
the law enforcement agencies to which the plan applies of each element
described in paragraphs (a) to (e) of this subsection.
(5) The planning authority shall conduct
at least one public hearing in the county before submitting a plan, or a
revision of a plan, to the governing bodies in the county under subsection (7)
of this section.
(6) The planning authority may consult
with anyone the planning authority determines may be helpful in carrying out
its responsibilities.
(7) The planning authority shall submit
the plan developed under subsection (4) of this section, and revisions of the
plan, to the governing body of each law enforcement agency within the county
except for the Department of State Police and the Department of Justice.
(8) A governing body shall approve or
disapprove the plan submitted to it under subsection (7) of this section within
60 days after receiving the plan. The governing body may not amend the plan.
(9) If the plan is not approved by at
least two-thirds of the governing bodies to which the plan is submitted, the
planning authority shall develop and submit a revised plan.
(10) If the plan is approved by at least
two-thirds of the governing bodies to which the plan is submitted, the planning
authority shall submit the approved plan to the Attorney General. No later than
30 days after receiving the plan, the Attorney General shall review the plan
for compliance with the minimum requirements described in ORS 181.786. If the
Attorney General determines that the plan complies with the minimum
requirements, the Attorney General shall approve the plan. Upon approval of the
plan:
(a) Each law enforcement agency within the
county to which the plan applies is subject to the provisions of the plan; and
(b) Each law enforcement agency subject to
the plan is entitled to grants as provided in ORS 181.796.
(11) If the plan is not approved by the
Attorney General, the planning authority shall develop and submit a revised
plan.
(12) Notwithstanding subsection (10)(a) of
this section, a law enforcement agency is not subject to a provision of a plan
approved under subsection (10) of this section that:
(a) Conflicts with a provision of a city
or county charter or a general ordinance that applies to the law enforcement
agency; or
(b) Imposes an obligation not required by
ORS 181.789 if complying with the provision would require the law enforcement
agency to budget moneys, or submit a revenue measure for a vote of the people,
in order to comply with the provision.
(13) The Attorney General shall
periodically publish all approved plans.
(14) A law enforcement agency within a
county has a duty to participate in good faith in the planning process of the
planning authority for the county.
(15) A person bringing an action
challenging the validity or enforceability of a plan approved under subsection
(10) of this section shall serve the Attorney General with a copy of the
complaint. If the Attorney General is not a party to the action, the Attorney
General may intervene in the action. [2007 c.842 §2]
Note: Section 9, chapter 842, Oregon Laws 2007,
provides:
Sec.
9. (1) A deadly physical
force planning authority created by section 2 of this 2007 Act [181.783] shall
submit the plan required by section 2 (4) of this 2007 Act to the governing
bodies described in section 2 (7) of this 2007 Act no later than July 1, 2008.
(2) Notwithstanding section 2 (3) of this
2007 Act, for the period of time from the effective date of this 2007 Act [July
27, 2007] to June 30, 2008, the law enforcement agency that employs the police
officer selected under section 2 (1)(b) of this 2007 Act shall release the
officer from other duties for at least 80 hours to enable the officer to serve
on the planning authority. The agency shall compensate the officer at the
officers regular hourly wage while the officer is engaged in planning
authority activities during that period of time. [2007 c.842 §9]
181.786
Components of plan. In the
plan required by ORS 181.783 (4), a deadly physical force planning authority
shall, at a minimum:
(1)(a) Address, under ORS 181.783 (4)(a),
the manner in which each law enforcement agency within the county will comply
with ORS 181.789 (2); and
(b) Attach a copy of each policy adopted
under ORS 181.789 (2) to the plan.
(2) Address, under ORS 181.783 (4)(b), the
manner in which each law enforcement agency within the county will comply with
ORS 181.789 (3)(a) and (4).
(3) Address, under ORS 181.783 (4)(c), the
manner in which each law enforcement agency within the county will comply with
ORS 181.789 (5)(a).
(4) Address, under ORS 181.783 (4)(d), the
manner in which the district attorney of the county will exercise discretion to
resolve issues of potential criminal responsibility.
(5) Address, under ORS 181.783 (4)(e), the
manner in which each law enforcement agency within the county will comply with
ORS 181.789 (6). [2007 c.842 §3]
181.789
Policy relating to use of deadly physical force; collection of information;
rules. (1) As used in this
section, involved officer means:
(a) A police officer whose official
conduct, or official order to use deadly physical force, was a cause in fact of
the death of a person. As used in this paragraph, order to use deadly physical
force means an order issued to another officer to use deadly physical force in
a specific incident or an order or directive establishing rules of engagement
for the use of deadly physical force for a specific incident.
(b) A police officer whose official
conduct was not a cause in fact of the death of a person but whose official
involvement in an incident in which the use of deadly physical force by a
police officer resulted in the death of a person:
(A) Began before or during the use of the
deadly physical force; and
(B) Was reasonably likely to have exposed
the police officer to greater stresses or trauma than other police officers
experienced as a result of their involvement in the incident before or during
the use of the deadly physical force.
(2) A law enforcement agency shall adopt a
policy dealing with the use of deadly physical force by its police officers. At
a minimum, the policy must include guidelines for the use of deadly physical
force.
(3)(a) For each involved officer employed
by a law enforcement agency, the law enforcement agency shall pay the costs of
at least two sessions with a mental health professional that are attended by
the officer. The sessions must be held within six months after the incident in
which the officer was involved.
(b) An involved officer shall attend at
least one of the sessions described in paragraph (a) of this subsection.
(c) Sessions with a mental health
professional under this subsection may not be substituted for a fitness for
duty examination required or requested as a condition of employment by the law
enforcement agency that employs the involved officer.
(4) For at least 72 hours immediately
following an incident in which the use of deadly physical force by a police
officer resulted in the death of a person, a law enforcement agency may not
return an involved officer to duties that might place the officer in a
situation in which the officer has to use deadly physical force. A law enforcement
agency may not reduce an involved officers pay or benefits as a result of the
law enforcement agencys compliance with this subsection. Notwithstanding ORS
181.796 (1), a personnel cost incurred in complying with this subsection by a
law enforcement agency employing 40 or fewer police officers is an expense for
purposes of ORS 181.796.
(5)(a) A law enforcement agency employing
an involved officer shall include at least one police officer from a different
law enforcement agency in the investigation of the incident in which the
involved officer was involved.
(b) The failure of a law enforcement
agency to comply with paragraph (a) of this subsection is not grounds for
suppressing evidence obtained in the investigation.
(6)(a) A law enforcement agency shall
collect at least the following information relating to incidents in which a
police officers use of deadly physical force resulted in the death of a
person:
(A) The name, gender, race, ethnicity and
age of the decedent.
(B) The date, time and location of the
incident.
(C) A brief description of the
circumstances surrounding the incident.
(b) A law enforcement agency shall
promptly submit the information collected under paragraph (a) of this
subsection to the Department of Justice.
(7) The department shall compile and
periodically publish information submitted under subsection (6) of this
section. The department, by rule, may specify a form to be used by law
enforcement agencies in submitting information under subsection (6) of this
section. [2007 c.842 §5]
Note: Sections 10 and 17, chapter 842, Oregon Laws
2007, provide:
Sec.
10. A law enforcement agency
shall adopt the policy required by section 5 (2) of this 2007 Act [181.789] no
later than July 1, 2008. [2007 c.842 §10]
Sec.
17. Notwithstanding the
effective date [July 27, 2007] of section 5 of this 2007 Act [181.789], section
5 (3) to (7) of this 2007 Act applies to incidents occurring on or after July
1, 2008. [2007 c.842 §17]
181.791
Admissibility of conclusions and recommendations. Conclusions and recommendations for future
action made by or for a law enforcement agency that result from activities
conducted pursuant to the element of a plan described in ORS 181.783 (4)(e) are
not admissible as evidence in any subsequent civil action or administrative
proceeding. [2007 c.842 §6]
181.793
Compliance. Notwithstanding
ORS 181.783, 181.786 and 181.789 (3) and (6), if sufficient moneys are not
appropriated to the Department of Justice for purposes of making grants under
ORS 181.796, a deadly physical force planning authority created by ORS 181.783
or a law enforcement agency is not required to comply with any requirement of
ORS 181.783, 181.786 or 181.789 (3) or (6) for which the law enforcement agency
is entitled to reimbursement under ORS 181.796. [2007 c.842 §7]
181.796
Grants; rules. (1) As used
in this section, expenses does not include personnel costs.
(2) To the extent that funds are
appropriated to it for such purposes, the Department of Justice shall make
grants to law enforcement agencies to reimburse the law enforcement agencies
for expenses incurred in implementing and revising the plans required by ORS
181.783. A grant under this section may not exceed 75 percent of the expenses
incurred by the law enforcement agency.
(3) The department may not make a grant
under this section to a law enforcement agency unless the law enforcement
agency is subject to a plan that has been approved by the Attorney General
under ORS 181.783 (10).
(4) The department shall adopt rules
necessary for the administration of this section. [2007 c.842 §4]
Note: 181.796 becomes operative July 1, 2008. See
section 16, chapter 842, Oregon Laws 2007.
181.798
Expenditure limitation on grant moneys. A law enforcement agency, as defined in ORS 181.781, may not use
moneys it receives under ORS 181.796 to supplant moneys from another source
that the law enforcement agency has been previously authorized to expend. [2007
c.842 §12]
Note: 181.798 becomes operative July 1, 2008. See
section 16, chapter 842, Oregon Laws 2007.
181.799
Expenses; rules. (1) A law
enforcement agency that participates in the development of the plan required by
ORS 181.783 (4) shall keep track of the expenses it incurs by reason of its
participation. For purposes of this subsection and subsection (2) of this
section, expenses includes, but is not limited to, personnel costs.
(2) The Department of Justice shall award
a law enforcement agency one credit for each dollar of expenses incurred before
July 1, 2008, by reason of the law enforcement agencys participation in the
development of the plan required by ORS 181.783 (4).
(3) Notwithstanding ORS 181.796 (2), when
a law enforcement agency applies for a grant under ORS 181.796, the department,
to the extent that funds are appropriated to the department for the purpose,
shall make a grant that exceeds 75 percent of the expenses incurred by the law
enforcement agency if the law enforcement agency has unused credits awarded
under subsection (2) of this section. When the department makes a grant that
exceeds 75 percent of the expenses incurred by a law enforcement agency, the
department shall deduct the amount of the grant that exceeds 75 percent from
the credits awarded the law enforcement agency under subsection (2) of this
section.
(4) The department may adopt rules
necessary for the administration of this section. [2007 c.842 §11]
RELIEF FROM
SEX OFFENDER REPORTING REQUIREMENT
181.820
Relief from reporting requirement generally; procedure. (1)(a) No sooner than 10 years after termination
of supervision on probation, conditional release, parole or post-prison
supervision, a person required to report under ORS 181.595, 181.596 or 181.597
may file a petition in the circuit court of the county in which the person
resides for an order relieving the person of the duty to report if:
(A) The person has only one conviction
for, or juvenile court finding of jurisdiction based on, a sex crime;
(B) The sex crime was a misdemeanor or
Class C felony or, if committed in another state, would have been a misdemeanor
or Class C felony if committed in this state; and
(C) The person has not been determined to
be a predatory sex offender as described in ORS 181.585.
(b) The district attorney of the county
shall be named and served as the respondent in the petition.
(2) The court shall hold a hearing on the
petition. In determining whether to grant the relief requested, the court shall
consider:
(a) The nature of the offense that
required reporting;
(b) The age and number of victims;
(c) The degree of violence involved in the
offense;
(d) Other criminal and relevant
noncriminal behavior of the petitioner both before and after the conviction
that required reporting;
(e) The period of time during which the
petitioner has not reoffended;
(f) Whether the petitioner has
successfully completed a court-approved sex offender treatment program; and
(g) Any other relevant factors.
(3) If the court is satisfied by clear and
convincing evidence that the petitioner is rehabilitated and that the
petitioner does not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to report. When the court
enters an order under this subsection, the petitioner shall send a certified
copy of the court order to the Department of State Police. [Formerly 181.600]
181.823
Relief from reporting requirement; juvenile offenders. (1)(a) No sooner than two years, but no
later than five years, after the termination of juvenile court jurisdiction or,
if the person was placed under the jurisdiction of the Psychiatric Security
Review Board under ORS 419C.529, board jurisdiction over a person required to
report under ORS 181.595, 181.596 or 181.597, the person may file a petition
for relief from the duty to report. The person must file the petition in the
juvenile court in which the person was adjudicated for the act that requires
reporting.
(b) The juvenile court in which a petition
under this section is filed may transfer the matter to the juvenile court of
the county that last supervised the person if the court determines that the
convenience of the parties, the victim and witnesses require the transfer.
(c) The juvenile court has exclusive
original jurisdiction in any proceeding under this section.
(d) The person, the district attorney and
the juvenile department are parties to a hearing on a petition filed under this
section.
(2) When a person files a petition under
this section and the petition was filed:
(a) No later than three years after the
termination of juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529,
board jurisdiction, the state has the burden of proving by clear and convincing
evidence that the person is not rehabilitated and continues to pose a threat to
the safety of the public.
(b) More than three years, but no later
than five years, after the termination of juvenile court jurisdiction or, if
the person was placed under the jurisdiction of the Psychiatric Security Review
Board under ORS 419C.529, board jurisdiction, the person has the burden of
proving by clear and convincing evidence that the person is rehabilitated and
does not pose a threat to the safety of the public.
(3) In determining whether the state or
the person has met the burden of proof established in subsection (2) of this
section, the juvenile court may consider but need not be limited to
considering:
(a) The extent and impact of any physical
or emotional injury to the victim;
(b) The nature of the act that subjected
the person to the duty of reporting as a sex offender;
(c) Whether the person used or threatened
to use force in committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a
position of authority or trust in committing the act;
(f) The age of any victim at the time of
the act, the age difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person
that would be crimes if committed by an adult and criminal activities engaged
in by the person before and after the adjudication;
(i) Statements, documents and
recommendations by or on behalf of the victim or the parents of the victim;
(j) The persons willingness to accept personal
responsibility for the act and personal accountability for the consequences of
the act;
(k) The persons ability and efforts to
pay the victims expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in
and satisfactorily completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent
of the treatment activities;
(B) Reports and recommendations from the
providers of the treatment;
(C) The persons compliance with court,
board or supervision requirements regarding treatment; and
(D) The quality and thoroughness of the
treatment program;
(m) The persons academic and employment
history;
(n) The persons use of drugs or alcohol
before and after the adjudication;
(o) The persons history of public or
private indecency;
(p) The persons compliance with and
success in completing the terms of supervision;
(q) The results of psychological
examinations of the person;
(r) The protection afforded the public by
the continued existence of the records; and
(s) Any other relevant factors.
(4) In a hearing under this section, the
juvenile court may receive testimony, reports and other evidence without regard
to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to
40.585 if the evidence is relevant to the determination and findings required
under this section. As used in this subsection, relevant evidence has the
meaning given that term in ORS 40.150.
(5) When a petition is filed under this
section, the state has the right to have a psychosexual evaluation of the
person conducted. The state shall file notice with the juvenile court of its
intention to have the person evaluated. If the person objects to the evaluator
chosen by the state, the juvenile court for good cause shown may direct the
state to select a different evaluator.
(6) As soon as practicable after a
petition has been filed under this section, the district attorney or juvenile
department shall make a reasonable effort to notify the victim of the crime
that the person has filed a petition seeking relief under this section and, if
the victim has requested, to inform the victim of the date, time and place of a
hearing on the petition in advance of the hearing.
(7)(a) When a petition has been filed
under this section and the petition was filed:
(A) No later than three years after the
termination of juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under ORS 419C.529,
board jurisdiction, the court shall hold a hearing on the petition no sooner
than 60 days and no later than 120 days after the date of filing.
(B) More than three years, but no later
than five years, after the termination of juvenile court jurisdiction or, if
the person was placed under the jurisdiction of the Psychiatric Security Review
Board under ORS 419C.529, board jurisdiction, the court shall hold a hearing no
sooner than 90 days and no later than 150 days after the date of filing.
(b) Notwithstanding paragraph (a) of this
subsection, upon a showing of good cause, the court may extend the period of
time in which a hearing on the petition must be held.
(8) When the state has the burden of proof
under subsection (2) of this section and proves by clear and convincing
evidence that the person is not rehabilitated and continues to pose a threat to
the safety of the public, the court shall deny the petition. When the person
has the burden of proof under subsection (2) of this section and proves by
clear and convincing evidence that the person is rehabilitated and does not
pose a threat to the safety of the public, the court shall grant the petition.
(9) When a juvenile court enters an order
relieving a person of the requirement to report under ORS 181.595, 181.596 or
181.597, the person shall send a certified copy of the juvenile court order to
the Department of State Police.
(10) If a person commits an act that could
be charged as a sex crime listed in ORS 137.707 and the person is 15, 16 or 17
years of age at the time the act is committed, the state and the person may
stipulate that the person may not petition for relief under this section as
part of an agreement that the person be subject to the jurisdiction of the
juvenile court rather than being prosecuted as an adult under ORS 137.707. [Formerly
181.607]
181.826
Relief from reporting requirement; juvenile offenders from different
jurisdiction. (1) Except as
provided in subsection (6) of this section, when a person is required to report
under ORS 181.595, 181.596 or 181.597 as a result of having been found in a
juvenile adjudication 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, the person may file a petition in the
circuit court of the county in which the person resides for an order relieving
the person of the duty to report if:
(a) The person has been registered as a
sex offender in this state for at least two years;
(b) At least two years, but not more than
five years, have elapsed since the termination of supervision on probation or
parole; and
(c) The person submits with the petition
all releases and waivers necessary to allow the district attorney for the
county in which the petition is filed to obtain the following documents from
the jurisdiction in which the person was adjudicated for the sex crime:
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or
jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the sex
crime for which reporting is required;
(F) The order terminating jurisdiction for
the sex crime for which reporting is required; and
(G) The evaluation and treatment records
or reports of the person that are related to the sex crime for which reporting
is required.
(2) A person filing a petition under this
section has the burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety of the public.
(3) Unless the court finds good cause for
a continuance, the court shall hold a hearing on the petition no sooner than 90
days and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of
this section, if a person has not been registered as a sex offender in this
state for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may file a
petition seeking relief under this section if the person files the petition no
later than 90 days after the date on which the person has been registered as a
sex offender in this state for two years.
(5) If a person who files a petition under
this section is required to report as a sex offender for having committed an
act that if committed in this state could have subjected the person to
prosecution as an adult under ORS 137.707, the court may not grant the petition
notwithstanding the fact that the person has met the burden of proof
established in subsection (2) of this section unless the court determines that
to do so is in the interest of public safety.
(6) This section does not apply to a
person who is required to register as a sex offender for life in the
jurisdiction in which the offense occurred.
(7) In a hearing under this section, the
court may receive testimony, reports and other evidence without regard to
whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to
40.585 if the evidence is relevant to the determination and findings required
under this section. As used in this subsection, relevant evidence has the
meaning given that term in ORS 40.150.
(8) If the court is satisfied by clear and
convincing evidence that the person is rehabilitated and that the person does
not pose a threat to the safety of the public, the court shall enter an order
relieving the person of the duty to report. When the court enters an order
under this subsection, the person shall send a certified copy of the court
order to the Department of State Police. [Formerly 181.608]
181.830
Relief from reporting requirement; circumstances; order. A person otherwise required to report under
ORS 181.595, 181.596 or 181.597 is not required to report, and if currently
reporting is no longer required to report, if:
(1)(a) The person has been convicted of:
(A) Rape in the third degree as defined in
ORS 163.355;
(B) Sodomy in the third degree as defined
in ORS 163.385;
(C) Sexual abuse in the third degree as
defined in ORS 163.415;
(D) Contributing to the sexual delinquency
of a minor as defined in ORS 163.435;
(E) Sexual misconduct as defined in ORS
163.445; or
(F) An attempt to commit an offense listed
in subparagraphs (A) to (E) of this paragraph;
(b) The person has been found guilty
except for insanity of an offense listed in paragraph (a) of this subsection;
(c) The person 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 an offense listed in paragraph (a) of
this subsection; or
(d) The person is paroled to this state
under ORS 144.610 after being convicted in another jurisdiction of a crime that
would constitute an offense listed in paragraph (a) of this subsection;
(2)(a) The person is less than five years
older than the victim;
(b) The victims lack of consent was due
solely to incapacity to consent by reason of being less than a specified age;
(c) At the time of the offense or act, the
person had no prior conviction for an offense listed in ORS 181.594 (4) or
adjudication for an act that if committed by an adult would constitute an
offense listed in ORS 181.594 (4), or no prior conviction or adjudication for
conduct in another jurisdiction that if committed in this state by an adult
would constitute an offense listed in ORS 181.594 (4); and
(d) The victim was at least 14 years of
age at the time of the offense or act; and
(3) The court enters an order relieving
the person of the requirement to report under ORS 181.832 or 181.833. [2007
c.627 §1]
181.832
Procedure for relief under ORS 181.830; upon conviction or adjudication. (1) When a person is convicted of an offense
or adjudicated for an act described in ORS 181.830 (1), the court shall
determine whether the person is required to report under ORS 181.595 or
181.596.
(2) The court shall enter an order
relieving the person of the requirement to report, unless:
(a) The court finds by a preponderance of
the evidence that the person does not meet the eligibility requirements
described in ORS 181.830; or
(b) The district attorney and the person
stipulate that the person is required to report.
(3) The state has the burden of proving
that the person does not meet the eligibility requirements described in ORS
181.830. [2007 c.627 §2]
181.833
Procedure for relief under ORS 181.830; after conviction or adjudication. (1) A person who meets the criteria
described in ORS 181.830 and seeks relief from the requirement to report under
ORS 181.595, 181.596 or 181.597 shall:
(a) If the person was convicted in this
state of the offense or adjudicated in this state for the act giving rise to
the obligation to report, file a motion for relief from the requirement to
report and an affidavit of eligibility with the circuit court of the county in
which the person was convicted or adjudicated and serve a copy of the motion
and affidavit on the district attorney for that county.
(b) If the person was convicted in another
jurisdiction of an offense or adjudicated in another jurisdiction for an act
giving rise to the obligation to report, file a petition for relief from the
requirement to report and an affidavit of eligibility with the circuit court of
the county in which the person resides and serve a copy of the petition and
affidavit on the district attorney for that county.
(2) The court shall schedule a hearing
more than 90 days from the date of the filing described in subsection (1) of
this section. The court shall notify the person and the district attorney of
the date of the hearing.
(3)(a) Upon receipt of the affidavit
described in subsection (1) of this section, the district attorney shall
determine whether the district attorney contests the request for relief.
(b) If the district attorney does not
contest the request for relief, the district attorney shall submit an order to
the court relieving the person of the reporting requirements described in ORS
181.595, 181.596 or 181.597. The court shall enter the order.
(c) If the district attorney contests the
request for relief, the district attorney shall notify the person of that
determination within 90 days.
(4) At the hearing, the state has the
burden of proving that the person does not meet the eligibility requirements
described in ORS 181.830.
(5)(a) If the court finds, by a
preponderance of the evidence, that the person does not meet the eligibility
requirements described in ORS 181.830, the court shall enter an order denying
the request for relief.
(b) If the court does not make the finding
described in paragraph (a) of this subsection, the court shall enter an order
relieving the person from the requirement to report.
(6)(a) If the court relieves the person
from the requirement to report, the person shall send a certified copy of the
court order to the Department of State Police.
(b) Upon receipt of the order, the
Department of State Police 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.
(7) The order entered under subsection (5)
of this section is not subject to appeal.
(8) The Oregon Evidence Code does not
apply to the hearing described in subsection (4) of this section. [2007 c.627 §3]
Note: Section 6, chapter 627, Oregon Laws 2007,
provides:
Sec.
6. Section 3 of this 2007
Act [181.833] applies to persons:
(1) Convicted of an offense or adjudicated
for an act in this state before the effective date of this 2007 Act [January 1,
2008]; and
(2) Convicted of an offense or adjudicated
for an act in another jurisdiction before, on or after the effective date of
this 2007 Act. [2007 c.627 §6]
PUBLIC SAFETY
PERSONNEL GENERALLY
181.850
Enforcement of federal immigration laws. (1) No law enforcement agency of the State of
(2) Notwithstanding subsection (1) of this
section, a law enforcement agency may exchange information with the United
States Bureau of Immigration and Customs Enforcement, the United States Bureau
of Citizenship and Immigration Services and the United States Bureau of Customs
and Border Protection in order to:
(a) Verify the immigration status of a
person if the person is arrested for any criminal offense; or
(b) Request criminal investigation
information with reference to persons named in records of the United States
Bureau of Immigration and Customs Enforcement, the United States Bureau of
Citizenship and Immigration Services or the United States Bureau of Customs and
Border Protection.
(3) Notwithstanding subsection (1) of this
section, a law enforcement agency may arrest any person who:
(a) Is charged by the United States with a
criminal violation of federal immigration laws under Title II of the
Immigration and Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
(b) Is subject to arrest for the crime
pursuant to a warrant of arrest issued by a federal magistrate.
(4) For purposes of subsection (1) of this
section, the Bureau of Labor and Industries is not a law enforcement agency.
(5) As used in this section, warrant of
arrest has the meaning given that term in ORS 131.005. [1987 c.467 §1; 2003
c.571 §1]
181.852
Disclosure of information about certain employees of law enforcement agencies. (1) As used in this section:
(a) Designated agency has the meaning
given that term in ORS 181.010.
(b) Information includes, but is not
limited to, an address, telephone number, date of birth and photograph.
(c) Law enforcement agency has the
meaning given that term in ORS 181.010.
(2) Unless a law other than ORS 192.410 to
192.505 requires disclosure or the employee consents in writing to the
disclosure, a law enforcement agency may not disclose information about an
employee of the agency while the employee is assigned duties the agency
considers undercover investigative duties and for a period of six months after
the conclusion of those duties.
(3) Subsection (2) of this section does
not apply to disclosure of information to:
(a) A district attorney.
(b) The Attorney General.
(c) A law enforcement agency.
(d) A court.
(e) The Department of Public Safety
Standards and Training.
(f) A designated agency.
(g) A citizen review body designated by a
law enforcement agency.
(4) A person injured by a violation of
subsection (2) of this section may bring a civil action for damages against the
law enforcement agency. [1999 c.855 §2]
181.854
Disclosure of information about certain public safety employees. (1) As used in this section:
(a) Public body has the meaning given
that term in ORS 192.410.
(b) Public safety employee means a
certified reserve officer, corrections officer, parole and probation officer,
police officer or youth correction officer as those terms are defined in ORS 181.610.
(2) A public body may not disclose a
photograph of a public safety employee of the public body without the written
consent of the employee. This subsection does not apply to the use by the
public body of a photograph of a public safety employee.
(3) A public body may not disclose
information about a personnel investigation of a public safety employee of the
public body if the investigation does not result in discipline of the employee.
(4) Subsection (3) of this section does
not apply:
(a) When the public interest requires
disclosure of the information.
(b) When the employee consents to
disclosure in writing.
(c) When disclosure is necessary for an
investigation by the public body, the Department of Public Safety Standards and
Training or a citizen review body designated by the public body.
(d) When the public body determines that
nondisclosure of the information would adversely affect the confidence of the
public in the public body.
(5) If an investigation of a public safety
employee of a public body results from a complaint, the public body may
disclose to the complainant the disposition of the complaint and, to the extent
the public body considers necessary to explain the action of the public body on
the complaint, a written summary of information obtained in the investigation.
(6) A public body must notify a public
safety employee of the public body if the public body receives a request for:
(a) A photograph of the employee.
(b) Information about the employee that is
exempt from disclosure under ORS 192.501 or 192.502 (2) or (3).
(c) Information about the employee that is
prohibited from disclosure by subsection (3) of this section. [1999 c.855 §3;
2005 c.397 §2; 2007 c.152 §2; 2007 c.687 §3]
181.860
Peer support counseling sessions; confidentiality; admissibility as evidence. (1) For the purposes of this section:
(a) Emergency services provider means
any public employer that employs persons to provide firefighting services.
(b) Emergency services personnel means
any employee of an emergency services provider who is engaged in providing
firefighting services.
(c) Employee assistance program means a
program established by a law enforcement agency or emergency services provider
to provide counseling or support services to employees of the law enforcement
agency or emergency services provider.
(d) Law enforcement agency means any
county sheriff, municipal police department, the Oregon State Police and any
state or local public body that employs public safety personnel.
(e) Public safety personnel means a
sheriff, deputy sheriff, municipal police officer, state police officer, parole
and probation officer, corrections employee, certified reserve officer,
telecommunicator or emergency medical dispatcher.
(2) Any communication made by a
participant or counselor in a peer support counseling session conducted by a
law enforcement agency or by an emergency services provider for public safety
personnel or emergency services personnel, and any oral or written information
conveyed in the peer support counseling session, is confidential and may not be
disclosed by any person participating in the peer support counseling session.
(3) Any communication relating to a peer
support counseling session made confidential under subsection (2) of this
section that is made between counselors, between counselors and the supervisors
or staff of an employee assistance program, or between the supervisors or staff
of an employee assistance program, is confidential and may not be disclosed.
(4) The provisions of this section apply
only to peer support counseling sessions conducted by an employee or other
person who:
(a) Has been designated by a law
enforcement agency or emergency services provider, or by an employee assistance
program, to act as a counselor; and
(b) Has received training in counseling
and in providing emotional and moral support to public safety personnel or
emergency services personnel who have been involved in emotionally traumatic
incidents by reason of their employment.
(5) The provisions of this section apply
to all oral communications, notes, records and reports arising out of a peer
support counseling session. Any notes, records or reports arising out of a peer
support counseling session are not public records for the purpose of ORS
192.410 to 192.505.
(6) Any communication made by a
participant or counselor in a peer support counseling session subject to this
section, and any oral or written information conveyed in a peer support
counseling session subject to this section, is not admissible in any judicial
proceeding, administrative proceeding, arbitration proceeding or other
adjudicatory proceeding. Communications and information made confidential under
this section may not be disclosed by the participants in any judicial proceeding,
administrative proceeding, arbitration proceeding or other adjudicatory
proceeding. The limitations on disclosure imposed by this subsection include
disclosure during any discovery conducted as part of an adjudicatory
proceeding.
(7) Nothing in this section limits the
discovery or introduction in evidence of knowledge acquired by any public
safety personnel or emergency services personnel from observation made during
the course of employment, or material or information acquired during the course
of employment, that is otherwise subject to discovery or introduction in
evidence.
(8) This section does not apply to:
(a) Any threat of suicide or homicide made
by a participant in a peer support counseling session, or any information
conveyed in a peer support counseling session relating to a threat of suicide
or homicide;
(b) Any information relating to abuse of
children or of the elderly, or other information that is required to be
reported by law; or
(c) Any admission of criminal conduct.
(9) This section does not prohibit any
communications between counselors who conduct peer support counseling sessions,
or any communications between counselors and the supervisors or staff of an
employee assistance program. [1999 c.455 §1; 2001 c.687 §4; 2005 c.264 §20]
REGULATION OF
PRIVATE SECURITY SERVICE PROVIDERS
181.870
Definitions. As used in ORS
181.620, 181.870 to 181.887, 181.991 and 203.090:
(1) Certification means recognition by
the Department of Public Safety Standards and Training that a private security
professional meets all of the qualifications listed in ORS 181.875.
(2) Executive manager means a person:
(a) Who is authorized to act on behalf of
a company or business in matters of licensure and certification;
(b) Who is authorized to hire and terminate
personnel;
(c) Whose primary responsibility is the
management of certified private security professionals; and
(d) Who has final responsibility for a
companys or businesss compliance with ORS 181.870 to 181.887.
(3) Instructor means any person who has
been certified by the department as meeting the requirements to provide
instruction to private security providers or applicants.
(4) License means recognition by the
department that an executive manager or supervisory manager meets the requirements
adopted by the Board on Public Safety Standards and Training as necessary to
provide private security services.
(5) Primary responsibility means an
activity that is fundamental to, and required or expected in, the regular
course of employment and is not merely incidental to employment.
(6) Private security professional means
an individual who performs, as the individuals primary responsibility, private
security services for consideration, regardless of whether the individual,
while performing the private security services, is armed or unarmed or wears a
uniform or plain clothes, and regardless of whether the individual is employed
part-time or full-time to perform private security services.
(7) Private security provider means any
individual who performs the functions of a private security professional,
executive manager, supervisory manager or instructor.
(8) Private security services means the
performance of at least one of the following activities:
(a) Observing and reporting unlawful
activity.
(b) Preventing or detecting theft or
misappropriation of goods, money or other items of value.
(c) Protecting individuals or property,
including but not limited to proprietary information, from harm or
misappropriation.
(d) Controlling access to premises being
protected.
(e) Securely moving prisoners.
(f) Taking enforcement action by detaining
persons or placing persons under arrest under ORS 133.225.
(g) Providing canine services for guarding
premises or for detecting unlawful devices or substances.
(9) Supervisory manager means an
employee of or a person supervised by an executive manager who has as a primary
responsibility the supervision of certified private security professionals. [1995
c.510 §1a; 1997 c.588 §1; 1997 c.853 §23; 1999 c.198 §1; 2001 c.498 §1; 2003
c.14 §84; 2003 c.546 §3; 2005 c.447 §1]
181.871
Applicability. (1) ORS
181.870 to 181.887 do not apply to:
(a) A person certified by the Department
of Public Safety Standards and Training as a police officer or a parole and
probation officer.
(b) A law enforcement officer of the
(c) An officer or employee of this state,
Oregon Health and Science University established by ORS 353.020 or the United
States while performing duties of the office or employment.
(d) A person appointed or commissioned by
the Governor to perform law enforcement or security services.
(e) An attorney admitted to practice law
in this state while engaged in the practice of law.
(f) An insurance adjuster licensed in this
state while performing duties authorized by the license.
(g) A person who monitors fire alarm
systems and other alarm systems that are not designed to detect unauthorized
intrusions while monitoring such systems.
(h) A person while protecting the persons
property.
(i) A person who repairs and installs
intrusion alarms while repairing or installing intrusion alarms.
(j) A person acting as an investigator as
defined in ORS 703.401.
(k) A person performing crowd management
or guest services, including, but not limited to, a person described as a
ticket taker, an usher, a parking attendant or event staff or a person employed
for the purpose of age verification by a licensee of the Oregon Liquor Control
Commission, who is not armed and is not hired with the primary responsibility
of taking enforcement action as described in ORS 181.870 (8)(f).
(L) A person performing security services
at a facility regulated by the United States Nuclear Regulatory Commission if
the facility is operated by the persons employer.
(m) An individual while on active duty as
a member of the armed services or while performing duties as a law enforcement
officer.
(n) An employee of a financial institution
who has been designated as a security officer for the financial institution
pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et seq.) and
regulations adopted thereunder or pursuant to ORS 723.276 (5).
(2) The exemption provided by subsection
(1)(k) of this section applies only:
(a) If there is at least one person
on-site who is certified or licensed under ORS 181.878 for every 10 or fewer
uncertified persons performing the services described in subsection (1)(k) of
this section;
(b) If any enforcement action, as
described in ORS 181.870 (8)(f), other than incidental or temporary action, is
taken by or under the supervision of a person certified or licensed under ORS
181.878; and
(c) During the time when a crowd has
assembled for the purpose of attending or taking part in an organized event,
including pre-event assembly, event operation hours and post-event departure
activities. [1995 c.510 §2; 1997 c.588 §2; 1997 c.853 §24; 1997 c.870 §25; 1999
c.198 §6; 1999 c.291 §29; 2001 c.498 §2; 2001 c.838 §22; 2003 c.14 §85; 2003
c.546 §5; 2005 c.447 §2]
181.873
Prohibited acts; temporary assignment of person not certified allowed. (1) It is unlawful:
(a) For a person to engage in the business
of, or perform any service as a private security professional, or to offer
services in such capacity unless the person has obtained a certificate under
ORS 181.878.
(b) For a person to engage in the business
of, or perform any service as an executive manager or supervisory manager, or
to offer services in such capacities unless the person has obtained a license
under ORS 181.878.
(c) For a person to perform supervisory
duties over persons performing crowd management or guest services, as described
in ORS 181.871, unless the person has obtained a license or certificate under
ORS 181.878.
(d) Except as otherwise provided in
subsection (2) of this section, for an executive manager to assign a person to
perform private security services unless the person is certified as a private
security professional under ORS 181.878.
(2) An executive manager may temporarily
assign a person who is not certified as required by this section to perform
private security services within this state for a period of time not to exceed
90 days if:
(a) The person is employed in another
state;
(b) The person holds a private security
professionals certification or license from the other state; and
(c) The certification or licensing
standards of the other state meet or exceed the standards of this state. [1995
c.510 §3; 2001 c.498 §3; 2003 c.546 §7; 2005 c.447 §3]
181.875
Qualifications for private security professional; rules. (1) An applicant for certification as a
private security professional:
(a) Must be:
(A) At least 18 years of age, if an
applicant for certification as an unarmed private security professional; or
(B) At least 21 years of age, if an
applicant for certification as an armed private security professional;
(b) Must have satisfactorily completed
training requirements approved by the Board on Public Safety Standards and
Training; and
(c) Must not be required to register or be
registered as a sex offender under ORS 181.595, 181.596 or 181.597.
(2) The Department of Public Safety
Standards and Training, in consultation with the board, shall adopt rules
specifying those crimes for which a conviction requires the denial or
revocation of certification as a private security professional or instructor. [1995
c.510 §4; 1997 c.588 §5; 1999 c.198 §3; 2001 c.288 §1; 2001 c.654 §2a; 2005
c.447 §4]
181.876
Application procedure. An
applicant for certification as a private security professional shall submit a
written application to the Department of Public Safety Standards and Training.
The application must be on a form approved by the department, contain all the
information required by the department and be made under oath to the
department. [1995 c.510 §5; 1997 c.588 §6; 1997 c.853 §25; 1999 c.198 §4; 2001
c.654 §3; 2005 c.447 §5]
181.877
Qualifications for executive manager or supervisory manager. An applicant for licensure as an executive
manager or supervisory manager must meet the qualifications set forth in ORS
181.875. [2001 c.288 §3; 2001 c.498 §4a; 2003 c.546 §10]
181.878
Board on Public Safety Standards and Training to establish standards;
department to establish procedures and fees; rules. (1) The Board on Public Safety Standards and
Training shall establish standards for:
(a) Issuing, denying, renewing and
revoking licenses for executive managers and supervisory managers; and
(b) Reviewing the private security
services of executive managers in relation to the licensing and certification
standards set forth in ORS 181.870 to 181.887.
(2) In accordance with any applicable
provision of ORS chapter 183, to promote consistent standards for private
security services by improving the competence of private security providers,
the board, in conjunction with the Private Security Policy Committee, shall
establish reasonable minimum standards of physical, emotional, intellectual and
moral fitness for private security providers.
(3) The board, in consultation with the
Department of Public Safety Standards and Training, may establish by rule
accreditation standards for required training programs. The board, in
consultation with the Private Security Policy Committee, may establish to what
extent training or educational programs offered by employers may be considered
equivalent to required training programs.
(4) The department shall:
(a) Establish and carry out procedures for
issuing, denying, renewing and revoking, subject to terms and conditions
imposed by the department, a private security providers certificate or license;
(b) In collaboration with the Private
Security Policy Committee, recommend for approval by the board the content of
and standards for all training courses and testing required for certification
as a private security professional and the standards for all instructors
providing the training;
(c) Establish procedures in consultation
with the board for temporary assignment of persons performing private security
services for a period of no longer than 120 days while an application for
certification is being processed;
(d) In collaboration with the Private
Security Policy Committee, establish fees for issuing certificates and licenses
to private security providers. The fees may not exceed the prorated direct
costs of administering:
(A) The certification or licensing program
required by this section;
(B) The criminal records checks required
by ORS 181.880; and
(C) Any training program required by rules
of the department or board; and
(e) In collaboration with the Private
Security Policy Committee, establish fees for accrediting training programs
offered by employers.
(5) In establishing procedures for issuing
certificates and licenses under subsection (4)(a) of this section, the
department shall establish a procedure for issuing a certificate or license to
a person upon submission by the person of proof of successful completion of a
training program accredited by the board pursuant to subsection (3) of this
section as being equivalent to the required training program offered by the
department.
(6) The department shall investigate
alleged violations of the provisions of ORS 181.870 to 181.887 and of any rules
adopted by the department or the board.
(7) The department and the board may adopt
rules necessary to carry out their duties under ORS 181.870 to 181.887 and
181.991. For efficiency, the department and board may adopt rules jointly as a
single set of combined rules. [1995 c.510 §6; 1997 c.588 §7; 1997 c.853 §26;
1999 c.198 §5; 2001 c.498 §5; 2003 c.546 §12; 2005 c.447 §6]
181.880
Licenses and certificates; issuance; duration. (1) A license or certificate issued by the
Department of Public Safety Standards and Training under ORS 181.878 expires
two years following the date of issuance or on the assigned renewal date.
(2) The department shall offer certificates
or licenses to private security providers in levels and categories as
established by the Board on Public Safety Standards and Training in
consultation with the department.
(3) Upon receipt of an application for
certification under ORS 181.876, the department shall forward a complete set of
the applicants fingerprints to the Department of State Police and request that
the Department of State Police conduct a nationwide criminal records check of
the applicant as provided in ORS 181.534. Notwithstanding ORS 181.534 (5) and
(6), the Department of State Police shall maintain in the departments files
the fingerprint cards used to conduct the criminal records check. [1995 c.510 §§7,18;
1997 c.853 §27; 1999 c.198 §2; 2005 c.730 §§11,80]
181.882
Hearing if license or certificate denied, suspended or revoked. (1) If the Board on Public Safety Standards
and Training or the Department of Public Safety Standards and Training denies a
license or certificate or declines to renew a license or certificate or suspends
or revokes a license or certificate, opportunity for a hearing consistent with
the provisions of ORS 181.661 shall be afforded as provided in ORS chapter 183.
(2) Judicial review of orders issued after
a hearing under subsection (1) of this section shall be as provided in ORS
chapter 183. [1995 c.510 §8; 1997 c.853 §28]
181.883 [1995 c.510 §9; 1997 c.588 §3; 1997 c.853 §29a;
2001 c.288 §5; 2003 c.546 §6; repealed by 2005 c.447 §16]
181.885
Effect of being charged with crime. (1) If a private security provider is charged with a crime, the
private security provider shall notify the private security providers
employer, or, if the private security provider is not employed, the Department
of Public Safety Standards and Training, of that fact not later than 48 hours
after the charge is filed.
(2) If an executive manager knows that an
employee has been charged with a crime, the executive manager shall notify the
department of that fact not later than 48 hours after the executive manager
acquired the knowledge.
(3) The department may suspend the
certificate or license of a private security provider charged with a crime
pending disposition of the charge.
(4) If an applicant for certification or
licensure as a private security provider is charged with a crime, the applicant
shall notify the department of that fact not later than 48 hours after the
charge is filed. [1995 c.510 §10; 1997 c.853 §30; 2003 c.546 §4]
181.886
Persons providing private security services on September 9, 1995. Any person engaged in providing private
security services on September 9, 1995, shall file an application for a license
or certificate within 180 days after September 9, 1995. Such persons may
continue providing private security services without a license or certificate until
a license or certificate is issued or denied. [1995 c.510 §11]
181.887
Disposition of funds received by department. All moneys received by the Department of Public Safety Standards and
Training under ORS 181.870 to 181.887 and 181.991, including penalties
recovered under ORS 181.991 (2), shall be paid into the General Fund in the
State Treasury and placed to the credit of the Police Standards and Training
Account established in ORS 181.690. [1995 c.510 §12; 1997 c.853 §31; 2005 c.447
§12; 2007 c.362 §2]
181.889 [1995 c.510 §15; 1997 c.853 §32; repealed by
2003 c.546 §14]
PENALTIES
181.990
Penalties. Violation of ORS
181.140 is a Class A misdemeanor. [Amended by 1971 c.743 §343]
181.991
Penalties relating to regulation of private security services; criminal and
civil. (1) A person commits
a:
(a) Class A misdemeanor if the person
knowingly falsifies any information pertinent to an application for a license
or certificate under ORS 181.870 to 181.887.
(b) Class A violation if the person
provides private security services as a private security professional without
being certified to do so under ORS 181.878 and having in the persons
possession the certificate issued under ORS 181.878.
(2) In addition to any other liability or
penalty provided by law, the Board on Public Safety Standards and Training may
impose a civil penalty not to exceed $1,500 for a violation of any provision of
ORS 181.870 to 181.887 or any rule adopted by the Board on Public Safety
Standards and Training or Department of Public Safety Standards and Training
pursuant to ORS 181.870 to 181.887.
(3) Judicial review of civil penalties
imposed under subsection (2) of this section shall be as provided under ORS
183.480. [1995 c.510 §§13,14; 1997 c.853 §33; 2005 c.447 §8]
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