144.642
Criteria for determining residence; Department of Corrections; rules; matrix. (1) The Department of Corrections,
in consultation with the State Board of Parole and Post-Prison Supervision and
community corrections agencies, shall adopt rules establishing criteria to be
considered in determining the permanent residence requirements for a sex
offender released on post-prison supervision or parole. Transitional housing is
not subject to permanent residence requirements. The department shall include
in the rules:
(a) A general
prohibition against allowing a sex offender to reside near locations where
children are the primary occupants or users;
(b) The bases
upon which exceptions to the general prohibition required by paragraph (a) of
this subsection are authorized;
(c) A prohibition
against allowing a sex offender to reside in any dwelling in which another sex
offender on probation, parole or post-prison supervision resides unless
authorized as provided in ORS 144.102 (4)(b)(M); and
(d) A process
that allows communities and community corrections agencies that would be
affected by a decision about the location of a sex offender’s residence to be
informed of the decision making process before the offender is released.
(2) Based upon
the rules adopted under subsection (1) of this section, the department shall
develop a decision matrix to be used in determining the permanent residence
requirements for a sex offender. [2001 c.365 §2; 2005 c.576 §5; 2011 c.258 §3]
Note: See note under 144.641.
Notes of Decisions
Kennedy v. Louisiana, 554 U.S. 407 (2008).
· cites it 2× “57, § 590 (West 2003) (prohibits sex offenders from residing within 2,000 feet of schools or educational institutions); Ore.Rev.Stat. §§ 144.642, 144.643 (1999) (incorporates general prohibition on supervised sex offenders living near places where children reside); Tenn.”
People v. Leroy, 828 N.E.2d 769 (Ill. App. Ct. 2005).
· cites it 2× “57, § 590 (West 2004) (2000 feet); Or.Rev.Stat. §§ 144.642, 144.643 (1999) (general prohibition on supervised sex offenders living near places where children reside); Tenn.”
People v. Huddleston, 816 N.E.2d 322 (Ill. 2004).
“§ 590 (2003) (prohibits sex offenders from residing within 2,000 feet of schools or educational institutions); Or. Rev. Stat. §§ 144.642 , 144.643 (1999) (incorporates general prohibition on supervised sex offenders living near places where children reside); Tenn.”
Doe v. Miller, 298 F. Supp. 2d 844 (S.D. Iowa 2004).
“§ 590 (2003) (prohibits sex offenders from residing within 2000 feet of schools or educational institutions); Oregon, Or.Rev.Stat. § 144.642, 144.643 (incorporates general prohibition on supervised sex offenders living near places where children reside); Tennessee, Tenn.”
John Doe v. Tom Miller, 405 F.3d 700 (8th Cir. 2005).
· cites it 2× “”); Or. Rev. Stat. § 144.642 (1)(a) (Rules for post-prison supervision or parole “shall include .”
Kennedy v. Louisiana (2008).
“57, §590 (West 2003) (prohibits sex offenders from residing within 2,000 feet of schools or educational institutions); Ore. Rev. Stat. §§144.642, 144.643 (1999) (incorporates general prohibition on supervised sex offenders living near places where children reside); Tenn.”
People v. Huddleston Corrected 9/29/04 (Ill. 2004).
“§590 (2003) (prohibits sex offenders from residing within 2,000 feet of schools or educational institutions); Or. Rev. Stat. §§144.642 , 144.643 (1999) (incorporates general prohibition on supervised sex offenders living near places where children reside); Tenn.”
People v. Leroy (Ill. App. Ct. 2005).
“57, §590 (West 2004) (2000 feet); Or. Rev. Stat. §§144.642 , 144.643 (1999) (general prohibition on supervised sex offenders living near places where children reside); Tenn.”
— Or. Rev. Stat. § 144.642(l)(a) — 1 case
John Doe v. Tom Miller, 405 F.3d 700 (8th Cir. 2005).
“”); Or. Rev. Stat. § 144.642 (1)(a) (Rules for post-prison supervision or parole “shall include .”
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