(1) The State Board of Parole and Post-Prison Supervision, in consultation with the Department of Corrections and community corrections agencies, shall adopt rules establishing criteria to be considered:

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(a) In reviewing the proposed residence of a sex offender in a release plan under ORS § 144.096 or a parole plan under ORS § 144.125; and

(b) In determining the residence of a sex offender in a release plan under ORS § 144.096, as a condition of post-prison supervision under ORS § 144.102 or as a condition of parole under ORS § 144.270.

(2) The board 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.

(3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender. [2001 c.365 § 3; 2005 c.576 § 6; 2011 c.258 § 4]

See note under 144.641.