USA Statutes : oregon
Title : TITLE 18 EXECUTIVE BRANCH; ORGANIZATION
Chapter : Chapter 181 State Police; Crime Reporting and Records; Public Safety Standards and Training


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

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

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

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

(b) Does not apply to intentional misconduct or to conduct that was
grossly negligent. [2003 c.314 §1; 2005 c.441 §1]Note: 181.035 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 181 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The
Legislative Assembly of the State of Oregon hereby ratifies the National
Crime Prevention and Privacy Compact, 42 U.S.C. 14616, as it existed on
January 1, 2005, and the compact remains in effect until legislation is
enacted rescinding the compact. The Superintendent of State Police shall
execute the compact.

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

(3) This section does not alter the duties of the superintendent
regarding the dissemination of criminal history records within the state.
[2005 c.479 §1]Note: 181.036 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 181 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The Department of State Police shall
enforce all laws now or hereafter enacted relating to highways and to the
operation of vehicles on state or other highways.

(2) Members of the state police have the power to arrest violators
of any provision of the laws applicable to highways or to the movement of
vehicles on highways.

(3) The necessary expenses in carrying out this section shall be
paid from the State Highway Fund and from the moneys received under ORS
802.110.

(4) ORS 181.010 to 181.560 and 181.715 to 181.730 do not prevent an
officer or employee of the Department of Transportation from arresting
any person for any crime committed in the officer’s or employee’s
presence and do not affect other powers of arrest granted by the laws of
this state to persons other than peace officers. [Amended by 1967 c.175
§5; 1971 c.467 §4; 1983 c.338 §899] 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] (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] (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] (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](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) Conspiracy or attempt to commit any felony listed in
subparagraphs (A) to (J) of this paragraph; or

(L) Murder, aggravated murder or an attempt to commit murder or
aggravated murder.

(b) After analyzing samples from persons described in paragraph (a)
of this subsection, the department shall analyze samples from persons
convicted of a felony under ORS 475.840, 475.846 to 475.894, 475.904,
475.906 or 475.914.

(c) After analyzing samples from persons described in paragraphs
(a) and (b) of this subsection, the department shall analyze samples from
persons convicted of any other felony.

(3) Notwithstanding subsection (2) of this section, the department
may analyze a sample from a lower priority before all samples in higher
priorities are analyzed if required in a particular case for law
enforcement purposes.

(4) The department may not transfer or disclose any sample,
physical evidence or criminal identification information obtained, stored
or maintained under authority of this section, ORS 137.076, 161.325 or
419C.473 (1) except:

(a) To a law enforcement agency as defined in ORS 181.010, a
district attorney or the Criminal Justice Division of the Department of
Justice for the purpose of establishing the identity of a person in the
course of a criminal investigation or proceeding;

(b) To a party in a criminal prosecution or juvenile proceeding
pursuant to ORS 419C.005 if discovery or disclosure is required by a
separate statutory or constitutional provision; or

(c) To a court or grand jury in response to a lawful subpoena or
court order when the evidence is not otherwise privileged and is
necessary for criminal justice purposes.

(5) The department may not transfer or disclose any sample,
physical evidence or criminal identification information under subsection
(4) of this section unless the public agency or person receiving the
sample, physical evidence or criminal identification information agrees
to destroy the sample, physical evidence or criminal identification
information if notified by the department that a court has reversed the
conviction, judgment or order that created the obligation to provide the
blood or buccal sample.

(6) Any public agency that receives a sample, physical evidence or
criminal identification information under authority of subsection (4) of
this section may not disclose it except as provided in subsection (4) of
this section.

(7) Notwithstanding subsections (4) and (6) of this section, any
person who is the subject of a record within a criminal identification
database maintained under the authority of this section may, upon
request, inspect that information at a time and location designated by
the department. The department may deny inspection if it determines that
there is a reasonable likelihood that such inspection would prejudice a
pending criminal investigation. In any case, the department is not
required to allow the person or anyone acting on the person’s behalf to
test any blood or buccal sample or other physical evidence. The
department shall adopt procedures governing the inspection of records and
samples and challenges to the accuracy of records. The procedures shall
accommodate the need to preserve the materials from contamination and
destruction.

(8)(a) Whenever a court reverses the conviction, judgment or order
that created an obligation to provide a blood or buccal sample under ORS
137.076 (2), 161.325 or 419C.473 (1), the person who provided the sample
may request destruction of the sample and any criminal identification
record created in connection with that sample.

(b) Upon receipt of a written request for destruction pursuant to
this section and a certified copy of the court order reversing the
conviction, judgment or order, the department shall destroy any sample
received from the person, any physical evidence obtained from that sample
and any criminal identification records pertaining to the person, unless
the department determines that the person has otherwise become obligated
to submit a blood or buccal sample as a result of a separate conviction,
juvenile adjudication or finding of guilty except for insanity for an
offense listed in ORS 137.076 (1). When the department destroys a sample,
physical evidence or criminal identification record under this paragraph,
the department shall notify any public agency or person to whom the
sample, physical evidence or criminal identification information was
transferred or disclosed under subsection (4) of this section of the
reversal of the conviction, judgment or order.

(c) The department is not required to destroy an item of physical
evidence obtained from a blood or buccal sample if evidence relating to
another person subject to the provisions of ORS 137.076, 161.325,
181.085, 419A.260 and 419C.473 (1) 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]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. 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] 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. 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. The State of Oregon
shall provide the members of the state police with standard uniforms.
Subject to detailed regulations and specifications prescribed by the
Superintendent of State Police, the uniform to be worn by members of the
state police shall be of standard pattern and distinctive design.
[Amended by 1971 c.467 §7; 1979 c.30 §1] 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] (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.(1) The state shall provide the members of the state police
with emergency and first aid outfits, weapons, motor vehicles, and all
other supplies and equipment necessary to carry out the objects of the
Department of State Police. This property shall remain the property of
the state with the exception of a retiring or deceased officer’s
department-issued service revolver, which may be sold by the department
to the officer or, in the case of a deceased officer, to a member of the
officer’s family, upon the officer’s retirement or death, and the
officer’s badge, which may be given to the officer or, in the case of a
deceased officer, to a member of the deceased officer’s family, upon the
officer’s retirement or death. When a service revolver is sold pursuant
to this section, it shall be sold for its fair market value. The badge
shall be marked to indicate the officer’s retirement status and under no
circumstance shall it be used for official police identification other
than as a memento of service to the department.

(2) When any of the property, supplies or equipment becomes
surplus, obsolete or unused it shall be disposed of by the Oregon
Department of Administrative Services as provided in ORS 279A.280.

(3) For purposes of ORS chapters 279A and 279B, the sale of a
service revolver to a retiring officer by the department is not a public
contract and shall not be subject to the competitive bidding requirements
of ORS chapters 279A and 279B. The provisions of ORS 166.412 do not apply
to transfers of firearms pursuant to this section. [Amended by 1955 c.148
§1; 1971 c.467 §9; 1985 c.281 §1; 1989 c.839 §28; 1995 c.729 §10; 2003
c.794 §202]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. (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] 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] All members of the state
police may direct and command the assistance of any able-bodied citizen
of the United States to aid, when necessary, to maintain law and order.
When so called, any person shall, during the time the assistance of the
person is required, be considered a member of the state police and
subject to ORS 181.010 to 181.560 and 181.715 to 181.730. [Amended by
1971 c.467 §10]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] 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]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] 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.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](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 United States.

(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 Oregon in areas near the Oregon border and the neighboring
state.

(b) The officers are police officers certified by the state
bordering Oregon.

(c) The officers receive no separate compensation from the State of
Oregon for their services.

(d) There is a reciprocal agreement wherein the Superintendent of
State Police authorizes a member of the Oregon State Police to assist the
bordering state’s police officers under identically prescribed criteria
in the neighboring state in areas near the Oregon border with the
neighboring state.

(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 Oregon border and the
border of the adjacent state. [Amended by 1985 c.411 §1; 1993 c.594 §5](1) Notwithstanding ORS 181.260, the Superintendent of
State Police may appoint employees of the Department of Corrections as
special state police officers if the superintendent deems it necessary or
advisable to assist the Department of Corrections in the discharge of the
Department of Corrections’ medical transport functions and duties. To be
eligible for appointment under this subsection, an employee must be
currently certified as a corrections officer under ORS 181.610 to
181.712. The superintendent and the Department of Corrections shall enter
into an intergovernmental agreement that specifies the terms, conditions
and duration of appointments made under this subsection.

(2) A person appointed as a special state police officer under
subsection (1) of this section may not receive any separate or additional
compensation from the Department of State Police for performance of the
person’s duties. [2001 c.435 §1]Note: 181.263 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 181 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.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] 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]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] 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] (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]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] 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]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] 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] 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] 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] Each member of the Oregon
State Police shall take and subscribe to an oath of office to support the
Constitution and laws of the United States and of the State of Oregon,
and to honestly and faithfully perform the duties imposed upon the member
under the laws of Oregon. The oath of the Superintendent of State Police
and Deputy Superintendent of State Police shall be filed with the
Secretary of State, and the oaths of all other members with the
superintendent. [Amended by 1971 c.467 §5]
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](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]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 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] (1)
Whenever a member of the Department of State Police is called as an
expert witness by a party by whom the member is not employed, a subpoena
requiring attendance may be served by delivering a copy either to such
member personally or to the member’s immediate superior.

(2) Any person causing a subpoena to be issued to compel the
attendance of a member of the Department of State Police before a
tribunal shall indicate on the face of that subpoena whether the person
or the person’s representative intends to ask the expert opinion of the
member as to any aspect of the proceedings. No member of the Department
of State Police may be required by a tribunal to give the member’s expert
opinion on any matter before the tribunal unless the subpoena compelling
the member’s presence indicates that the member’s expert opinion will be
asked. [1989 c.725 §4](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]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]No member of the Department of State
Police shall be ordered to return by the court or tribunal for subsequent
proceedings beyond the day stated in the subpoena requiring the member to
give the member’s expert opinion referred to in ORS 181.455 (4) or the
day upon which the witness appeared pursuant to the provisions of ORS
181.480, unless the party at whose request the subpoena was issued, or
the party at whose request the witness is ordered to return, shall first
deposit with the clerk of the court or with the tribunal the same sum
required to be deposited for the issuance of a subpoena in the first
instance. [1989 c.725 §6]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]A member of the Department of State Police who has been
subpoenaed pursuant to the provisions of ORS 181.455 or 181.475, for the
purpose of giving the member’s expert opinion, in lieu of attendance at
the time specified in the subpoena, may agree with the party at whose
request such subpoena was issued to appear at another time or pursuant to
such notice as may be agreed upon. [1989 c.725 §8]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] 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 (1) The
Department of State Police may administer a grant program for statewide
community policing demonstration projects. The department shall award
grants on the basis of appropriateness and effectiveness and shall
consider geographic and demographic factors in making the awards.

(2) To be eligible for a grant, a community must:

(a) Demonstrate interaction between its citizens and the police; and

(b) Have initiated planning for innovative police strategies that
are problem oriented, proactive and community based.

(3) A community must submit to the department a proposal that
provides the details of the community policing project the community
intends to implement. The project shall contain the following elements:

(a) Community involvement, including involving neighborhood
associations, business groups, churches and other civic organizations in
establishing priorities for anticrime efforts involving the police and
other community agencies and providing recognition of and police support
to citizen-based anticrime efforts including, but not limited to, block
watches, task forces and alternative programs;

(b) Problem-solving orientation;

(c) Community-based deployment strategies that fit the community’s
problems, financial limitations and priorities, as jointly determined by
the citizens of the community, the elected officials and the police; and

(d) Increased accountability of the police to the citizens.
[Formerly 184.413] The Department of State Police
shall evaluate the demonstration projects to determine their
effectiveness. [Formerly 184.415] 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 CHILDREN CLEARINGHOUSE(1) The Oregon State Police shall establish and maintain a
missing children 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.

(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.

(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]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. The administrator
of the clearinghouse established pursuant to ORS 181.505 shall:

(1) Provide information and training to local law enforcement 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 to advise 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. [1989 c.1059 §2]Note: See note under 181.505.CRIME REPORTING(1) A law enforcement agency immediately upon the arrest of
a person for a crime for which criminal offender information must be
provided under ORS 181.515 shall:

(a) Place the arrested person’s fingerprints and identifying data
on forms prescribed or furnished by the Department of State Police Bureau
of Criminal Identification, photograph the arrested person, and promptly
transmit the form and photograph to the bureau.

(b) If the arrest is disposed of by the arresting agency, cause the
disposition report to be completed and promptly transmitted to the bureau.

(c) If the arrest is not disposed of by the agency, cause the
disposition report to be forwarded, except as otherwise provided in
section 3, chapter 553, Oregon Laws 1987, to the court that will dispose
of the charge, for further action in accordance with ORS 181.521.

(2) A law enforcement agency may record, in addition to
fingerprints, the palm prints, sole prints, toe prints, or other personal
identifiers when, in the discretion of the agency, it is necessary to
effect identification of the persons or to the investigation of the crime
charged.

(3) A law enforcement agency, for the purpose of identification,
may record and submit to the bureau the fingerprints of persons arrested
for crimes for which criminal offender information is not required under
ORS 181.515. [1975 c.548 §5 (enacted in lieu of 181.510); 1983 c.763 §55;
1987 c.475 §6; 1987 c.553 §1]
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] 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]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](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
such institution, of any person committed to such 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] (1) As
used in this section:

(a) “Authorized agency” means the Department of State Police or
other governmental agency designated by the state to report, receive or
disseminate criminal offender information.

(b) “Qualified entity” means a business or organization that:

(A) Provides care or placement services, or licenses or certifies
others to provide care or placement services, for children, elderly
persons or dependent persons;

(B) Is not governed by a state regulatory or licensing agency; and

(C) Has been determined by an authorized agency to meet the
criteria established by the authorized agency by rule under subsection
(9) of this section.

(c) “Subject individual” means a person who is employed or seeks to
be employed by a qualified entity or who is providing services or seeks
to provide services to a qualified entity on a contractual or volunteer
basis.

(2) An entity may request from an authorized agency a criminal
records check for purposes of evaluating the fitness of a subject
individual as an employee, contractor or volunteer. The authorized agency
may access state and federal criminal records under this subsection only
through use of the subject individual’s fingerprints.

(3) Before an authorized agency may conduct a criminal records
check under this section:

(a) The authorized agency shall determine whether the entity
requesting the criminal records check is a qualified entity;

(b) The qualified entity must establish criteria to be used by the
authorized agency in reviewing the criminal offender information for a
final record check determination;

(c) The qualified entity must provide the criteria established
under paragraph (b) of this subsection to the authorized agency; and

(d) The qualified entity must have informed the subject individual
that the qualified entity might request a fingerprint-based criminal
records check and that the subject individual may obtain a copy of the
record check report from, or challenge the accuracy or completeness of
the record check report through, the authorized agency or the Federal
Bureau of Investigation.

(4)(a) Upon receipt of a subject individual’s criminal offender
information, the authorized agency shall make a final record check
determination by comparing the criminal offender information with the
criteria provided to the authorized agency by the qualified entity under
subsection (3)(c) of this section. In making the final record check
determination, the authorized agency may consider only information that
the Department of State Police may disclose under ORS 181.560.

(b) An authorized agency is immune from civil liability that might
otherwise be incurred or imposed for making the final record check
determination under this subsection.

(5) An authorized agency may not transfer a fingerprint card used
to conduct the criminal records check unless the public agency or person
receiving the fingerprint card agrees to destroy or return the
fingerprint card to the authorized agency.

(6) If the public agency or person returns a fingerprint card to
the authorized agency, the authorized agency shall destroy the
fingerprint card. The authorized agency may not keep a record of the
fingerprints.

(7) The authorized agency shall permit a subject individual to
inspect the individual’s Oregon and Federal Bureau of Investigation
criminal offender information after positive identification has been
established based upon fingerprints.

(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. (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 Oregon State Lottery Commission or the Oregon State
Lottery; or

(B) A criminal justice agency, as defined in ORS 181.010, that is
authorized by federal law to receive fingerprint-based criminal records
checks from the Federal Bureau of Investigation.

(b) “Subject individual” means a person from whom an authorized
agency may require fingerprints pursuant to statute for the purpose of
enabling the authorized agency to request a state or nationwide criminal
records check.

(2) An authorized agency may request that the Department of State
Police conduct a criminal records check on a subject individual for
non-criminal justice purposes. If a nationwide criminal records check of
a subject individual is necessary, the authorized agency may request that
the Department of State Police conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation.

(3) The Department of State Police shall provide the results of a
criminal records check conducted pursuant to subsection (2) of this
section to the authorized agency requesting the check.

(4) The Federal Bureau of Investigation shall return or destroy the
fingerprint cards used to conduct the criminal records check and may not
keep any record of the fingerprints. If the federal bureau policy
authorizing return or destruction of the fingerprint cards is changed,
the Department of State Police shall cease to send the cards to the
federal bureau but shall continue to process the information through
other available resources.

(5) If the Federal Bureau of Investigation returns the fingerprint
cards to the Department of State Police, the department shall destroy the
fingerprint cards and shall retain no facsimiles or other material from
which a fingerprint can be reproduced.

(6) If only a state criminal records check is conducted, the
Department of State Police shall destroy the fingerprint cards after the
criminal records check is completed and the results of the criminal
records check provided to the authorized agency and shall retain no
facsimiles or other material from which a fingerprint can be reproduced.

(7) An authorized agency may conduct criminal records checks on
subject individuals through the Law Enforcement Data System maintained by
the Department of State Police in accordance with rules adopted, and
procedures established, by the Department of State Police.

(8) An authorized agency and the Department of State Police shall
permit a subject individual for whom a fingerprint-based criminal records
check was conducted to inspect the individual’s own state and national
criminal offender records and, if requested by the subject individual,
provide the individual with a copy of the individual’s own state and
national criminal offender records.

(9) Each authorized agency, in consultation with the Department of
State Police, shall adopt rules to implement this section and other
statutes relating to criminal offender information obtained through
fingerprint-based criminal records checks. The rules shall include but
need not be limited to:

(a) Specifying categories of subject individuals who are subject to
criminal records checks.

(b) Specifying the information that may be required from a subject
individual to permit a criminal records check.

(c) Specifying which programs or services are subject to this
section.

(d) Specifying the types of crimes that may be considered in
reviewing criminal offender information of a subject individual.

(e) Specifying when a nationwide fingerprint-based criminal records
check must be conducted. An authorized agency shall consider the
additional cost of obtaining a nationwide fingerprint-based criminal
records check when adopting rules under this subsection.

(f) If the authorized agency uses criminal records checks for
agency employment purposes:

(A) Determining when and under what conditions a subject individual
may be hired on a preliminary basis pending a criminal records check; and

(B) Defining the conditions under which a subject individual may
participate in training, orientation and work activities pending
completion of a criminal records check.

(g) Establishing fees in an amount not to exceed the actual cost of
acquiring and furnishing criminal offender information.

(10) The Department of State Police shall verify that an authorized
agency has adopted the rules required by subsection (9) of this section.

(11) Except as otherwise provided in ORS 181.612, an authorized
agency, using the rules adopted under subsection (9) of this section,
shall determine whether a subject individual is fit to hold a position,
provide services, be employed or be granted a license, certification,
registration or permit, based on the criminal records check obtained
pursuant to this section, on any false statements made by the individual
regarding the criminal history of the individual and on any refusal to
submit or consent to a criminal records check including fingerprint
identification. If a subject individual is determined to be unfit, then
the individual may not hold the position, provide services, be employed
or be granted a license, certification, registration or permit.

(12) Except as otherwise provided in ORS 181.612, in making the
fitness determination under subsection (11) of this section, the
authorized agency shall consider:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or
that indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to
the specific requirements of the subject individual’s present or proposed
position, services, employment, license, certification or registration;
and

(d) Intervening circumstances relevant to the responsibilities and
circumstances of the position, services, employment, license,
certification, registration or permit. Intervening circumstances include
but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission
of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of
setting aside the conviction; and

(F) A recommendation of an employer.

(13) An authorized agency and an employee of an authorized agency
acting within the course and scope of employment are immune from any
civil liability that might otherwise be incurred or imposed for
determining, pursuant to subsection (11) of this section, that a subject
individual is fit or not fit to hold a position, provide services, be
employed or be granted a license, certification, registration or permit.
An authorized agency and an employee of an authorized agency acting
within the course and scope of employment who in good faith comply with
this section are not liable for employment-related decisions based on
determinations made under subsection (11) of this section. An authorized
agency or an employee of an authorized agency acting within the course
and scope of employment is not liable for defamation or invasion of
privacy in connection with the lawful dissemination of information
lawfully obtained under this section.

(14)(a) Each authorized agency shall establish by rule a contested
case process by which a subject individual may appeal the determination
that the individual is fit or not fit to hold a position, provide
services, be employed or be granted a license, certification,
registration or permit on the basis of information obtained as the result
of a criminal records check conducted pursuant to this section.
Challenges to the accuracy or completeness of information provided by the
Department of State Police, the Federal Bureau of Investigation and
agencies reporting information to the Department of State Police or
Federal Bureau of Investigation must be made through the Department of
State Police, Federal Bureau of Investigation or reporting agency and not
through the contested case process required by this paragraph.

(b) A subject individual who is employed by an authorized agency
and who is determined not to be fit for a position on the basis of
information obtained as the result of a criminal records check conducted
pursuant to this section may appeal the determination through the
contested case process adopted under this subsection or applicable
personnel rules, policies and collective bargaining provisions. An
individual’s decision to appeal a determination through personnel rules,
policies and collective bargaining provisions is an election of remedies
as to the rights of the individual with respect to the fitness
determination and is a waiver of the contested case process.

(15) Criminal offender information is confidential. Authorized
agencies and the Department of State Police shall adopt rules to restrict
dissemination of information received under this section to persons with
a demonstrated and legitimate need to know the information.

(16) If a subject individual refuses to consent to the criminal
records check or refuses to be fingerprinted, the authorized agency shall
deny the employment of the individual, or revoke or deny any applicable
position, authority to provide services, license, certification,
registration or permit.

(17) If an authorized agency requires a criminal records check of
employees, prospective employees, contractors, vendors or volunteers or
applicants for a license, certification, registration or permit, the
application forms of the authorized agency must contain a notice that the
person is subject to fingerprinting and a criminal records check. [2005
c.730 §2]Note: 181.534 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 181 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) As
used in this section:

(a) “Care” means the provision of care, treatment, education,
training, instruction, supervision, placement services, recreation or
support to children, the elderly or persons with disabilities.

(b) “Qualified entity” means a community mental health and
developmental disabilities program, a local health department or an
individual or business or organization, whether public, private,
for-profit, nonprofit or voluntary, that provides care, including a
business or organization that licenses, certifies or registers others to
provide care.

(2) The Department of Human Services and the Employment Department
may require the fingerprints of a person for the purpose of requesting a
state or nationwide criminal records check of the person under ORS
181.534:

(a) For agency employment purposes;

(b) For the purposes of licensing, certifying, registering or
otherwise regulating or administering programs, persons or qualified
entities that provide care;

(c) For the purposes of employment decisions by or for qualified
entities that are regulated or otherwise subject to oversight by the
Department of Human Services and that provide care; or

(d) For the purposes of employment decisions made by a mass transit
district or transportation district for qualified entities that, under
contracts with the district or the Department of Human Services, employ
persons to operate motor vehicles for the transportation of medical
assistance program clients.

(3) The Department of Human Services may conduct criminal records
checks on a person through the Law Enforcement Data System maintained by
the Department of State Police, if deemed necessary by the Department of
Human Services to protect children, elderly persons, persons with
disabilities or other vulnerable persons.

(4) The Department of Human Services may furnish to qualified
entities, in accordance with the Department of Human Services’ rules and
the rules of the Department of State Police, information received from
the Law Enforcement Data System. However, any criminal offender records
and information furnished to the Department of Human Services by the
Federal Bureau of Investigation through the Department of State Police
may not be disseminated to qualified entities.

(5) A qualified entity, using rules adopted by the Department of
Human Services, shall determine under this section whether a person is
fit to hold a position, provide services, be employed or, if the
qualified entity has authority to make such a determination, be licensed,
certified or registered, based on the criminal records check obtained
pursuant to ORS 181.534, any false statements made by the person
regarding the criminal history of the person and any refusal to submit or
consent to a criminal records check including fingerprint identification.
If a person is determined to be unfit, then that person may not hold the
position, provide services or be employed, licensed, certified or
registered.

(6) In making the fitness determination under subsection (5) of
this section, the qualified entity shall consider:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or
indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to
the specific requirements of the person’s present or proposed position,
services, employment, license, certification or registration; and

(d) Intervening circumstances relevant to the responsibilities and
circumstances of the position, services, employment, license,
certification or registration. Intervening circumstances include but are
not limited to the passage of time since the commission of the crime, the
age of the person at the time of the crime, the likelihood of a
repetition of offenses, the subsequent commission of another relevant
crime and a recommendation of an employer.

(7) The Department of Human Services and the Employment Department
may make fitness determinations based on criminal offender records and
information furnished by the Federal Bureau of Investigation through the
Department of State Police only as provided in ORS 181.534.

(8) A qualified entity and an employee of a qualified entity acting
within the course and scope of employment are immune from any civil
liability that might otherwise be incurred or imposed for determining
pursuant to subsection (5) of this section that a person is fit or not
fit to hold a position, provide services or be employed, licensed,
certified or registered. A qualified entity, employee of a qualified
entity acting within the course and scope of employment and an employer
or employer’s agent who in good faith comply with this section and the
decision of the qualified entity or employee of the qualified entity
acting within the course and scope of employment are not liable for the
failure to hire a prospective employee or the decision to discharge an
employee on the basis of the qualified entity’s decision. An employee of
the state acting within the course and scope of employment is not liable
for defamation or invasion of privacy in connection with the lawful
dissemination of information lawfully obtained under this section.

(9) The Department of Human Services shall develop a system that
maintains information regarding criminal records checks in order to
minimize the administrative burden imposed by this section and ORS
181.534. Records maintained under this subsection are confidential and
may not be disseminated except for the purposes of this section and in
accordance with the rules of the Department of Human Services and the
Department of State Police. Nothing in this subsection permits the
Department of Human Services to retain fingerprint cards obtained
pursuant to this section.

(10) In addition to the rules required by ORS 181.534, the
Department of Human Services, in consultation with the Department of
State Police, shall adopt rules:

(a) Specifying which qualified entities are subject to this section;

(b) Specifying which qualified entities may request criminal
offender information;

(c) Specifying which qualified entities are responsible for
deciding whether a subject individual is not fit for a position, service,
license, certification, registration or employment; and

(d) Specifying when a qualified entity, in lieu of conducting a
completely new criminal records check, may proceed to make a fitness
determination under subsection (5) of this section using the information
maintained by the Department of Human Services pursuant to subsection (9)
of this section.

(11) If a person refuses to consent to the criminal records check
or refuses to be fingerprinted, the qualified entity shall deny or
terminate the employment of the person, or revoke or deny any applicable
position, authority to provide services, employment, license,
certification or registration.

(12) If the qualified entity requires a criminal records check of
employees or other persons, the application forms of the qualified entity
must contain a notice that employment is subject to fingerprinting and a
criminal records check. [1979 c.732 §2; 1983 c.714 §1; 1985 c.792 §1;
1989 c.364 §4; 1989 c.439 §1; 1991 c.390 §1; 1993 c.344 §48; 1993 c.674
§10; 1995 c.446 §1; 1997 c.753 §1; 1999 c.1057 §1; 2003 c.14 §79; 2003
c.200 §1; 2005 c.730 §3](1) Upon the request of a Native American tribe, and in
compliance with procedures adopted by the Department of State Police
under ORS 181.555, the Department of State Police shall furnish to the
authorized staff of the Native American tribe such information on a
subject individual or contractor as the Department of State Police may
have in its possession from its central bureau of criminal
identification, including but not limited to manual or computerized
criminal offender information. With the approval of the Department of
State Police, a local law enforcement agency may furnish the information
described in this subsection to a Native American tribe.

(2)(a) Subsequent to furnishing the information required under
subsection (1) of this section, the Department of State Police shall
conduct nationwide criminal records checks of the subject individual or
contractor through the Federal Bureau of Investigation by use of the
subject individual’s or contractor’s fingerprints and shall report the
results to the staff of the Native American tribe, who must be
specifically authorized to receive the information. In accordance with
the procedures of the Department of State Police, a local law enforcement
agency may conduct the criminal records check described in this paragraph
if the local law enforcement agency has received approval under
subsection (1) of this section.

(b) The Department of State Police shall return the fingerprint
cards to the Native American tribe.

(3) For purposes of requesting and receiving the information and
data described in subsections (1) and (2) of this section, Native
American tribes are designated agencies for purposes of ORS 181.010 to
181.560 and 181.715 to 181.730.

(4) As used in this section:

(a) “Contractor” means any natural person or corporation, trust,
association, partnership, joint venture, subsidiary or other business
entity with whom a Native American tribe intends to contract for the
purpose of providing supplies or services related to tribal gaming, or
any control person of a contractor.

(b) “Control person” means:

(A) In a privately owned corporation, the officers, directors and
stockholders of the parent company and, if applicable, each of its
subsidiaries.

(B) In a publicly owned corporation, the officers and directors of
the parent company, each of its subsidiaries and stockholders owning at
least 15 percent of the company’s stock.

(C) In a trust, the trustee and all persons entitled to receive
income or benefit from the trust.

(D) In an association, the members, officers and directors.

(E) In a partnership or joint venture, the general partners,
limited partners or joint venturers.

(F) A member of the immediate family of any of the persons listed
in subparagraphs (A) to (E) of this paragraph if the person is involved
in the business.

(G) A subcontractor of a contractor, if the subcontractor performs
more than 50 percent of the contractor’s contract with the Native
American tribe.

(c) “Native American tribe” means any recognized Native American
tribe or band of tribes:

(A) Authorized by the Indian Gaming Regulatory Act of October 17,
1988 (Public Law 100-497), 25 U.S.C. 2701 et seq., and the State of
Oregon to conduct gambling operations on tribal land; or

(B) Eligible for special programs and services provided by the
United States to Indians because of their status as Indians.

(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.(1) For the purpose of
requesting a state or nationwide criminal records check under ORS
181.534, the Teacher Standards and Practices Commission and the
Department of Education may require the fingerprints of:

(a) A person who is applying for initial issuance of a license
under ORS 342.120 to 342.430 as a teacher, administrator or personnel
specialist if the person has not submitted to a criminal records check by
the commission within the previous year.

(b) A person who is applying for reinstatement of a license as a
teacher, administrator or personnel specialist whose license has lapsed
for at least three years.

(c) A person who is applying for initial issuance of a certificate
under ORS 342.475 as a school nurse.

(d) A school district or private school contractor, whether
part-time or full-time, or an employee thereof, whether part-time or
full-time, who has direct, unsupervised contact with students as
determined by the district or private school.

(e) A person newly hired, whether part-time or full-time, by a
school district or private school in a capacity not described in
paragraphs (a) to (c) of this subsection who has direct, unsupervised
contact with children as determined by the district or private school.

(f) A person employed, whether part-time or full-time, by a school
district or private school in a capacity not described in paragraphs (a)
to (c) of this subsection who has direct, unsupervised contact with
children as determined by the district or private school.

(g) A person who is registering with the commission for student
teaching, practicum or internship as a teacher, administrator or
personnel specialist, if the person has not submitted to a criminal
records check by the commission within the previous year for student
teaching, practicum or internship as a teacher, administrator or
personnel specialist.

(h) A person who is a community college faculty member providing
instruction at a kindergarten through grade 12 school site during the
regular school day.

(i) A person who is an employee of a public charter school.

(j) A person who is applying for initial issuance of a registration
as a public charter school teacher under ORS 342.125.

(2) Notwithstanding subsection (1) of this section, the commission
and the department may not require fingerprints of a person described in
subsection (1)(d), (e), (f), (h) or (i) of this section if the person or
the person’s employer was checked in one school district or private
school and is currently seeking to work in another district or private
school unless the person lived outside this state during the interval
between the two periods of time of working in the district or private
school.

(3) Nothing in this section requires a person described in
subsection (1)(d), (e) or (i) of this section to submit to fingerprinting
until the person has been offered employment or a contract by a school
district or private school. Contractor employees shall not be required to
submit to fingerprinting until the contractor has been offered a contract.

(4) As used in this section:

(a) “Private school” means a school that provides educational
services as defined in ORS 345.505 and is registered as a private school
under ORS 345.505 to 345.575.

(b) “School district” means:

(A) A school district as defined in ORS 330.003.

(B) The Oregon State School for the Blind.

(C) The Oregon State School for the Deaf.

(D) An educational program under the Youth Corrections Education
Program.

(E) A public charter school as defined in ORS 338.005.

(F) An education service district. [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] (1) Notwithstanding the
provisions of ORS 192.410 to 192.505 relating to public records the
fingerprints, photographs, records and reports compiled under ORS
137.225, 181.010, 181.511, 181.521, 181.555, 805.060 and this section are
confidential and exempt from public inspection except:

(a) As ordered by a court;

(b) As provided in rules adopted by the Department of State Police
under ORS chapter 183 to govern access to and use of computerized
criminal offender information including access by an individual for
review or challenge of the individual’s own records;

(c) As provided in ORS 181.555 and 181.560;

(d) As provided in ORS 181.525; or

(e) As provided in ORS 418.747 (5).

(2) The records of the department of crime reports to the
department and of arrests made by the department, however, shall not be
confidential and shall be available in the same manner as the records of
arrest and reports of crimes of other law enforcement agencies under ORS
192.501 (3). [Formerly 181.540] (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
handicap, 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
handicap, 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]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] (1) When the Department of State Police is
asked to provide criminal offender information under ORS 181.533 or
181.555 (2), the department shall waive any fee otherwise charged by the
department for providing the information if:

(a) The request is made by an organization; and

(b) The individual about whom the criminal offender information is
sought is a volunteer, or prospective volunteer, of the organization.

(2) In addition to waiving any fee otherwise charged by the
department, the department may not charge the individual or organization
the fee charged by the Federal Bureau of Investigation for conducting
nationwide criminal records checks.

(3) As used in this section:

(a) “Dependent person” means a person who, because of physical or
mental disability, or medical disability due to alcohol or drug
dependence, needs mentoring or tutoring programs.

(b) “Elderly person” means a person 65 years of age or older.

(c) “Mentoring program” means a program that provides a committed,
sustained, one-to-one relationship between a volunteer and a youth,
dependent person or elderly person that allows the youth, dependent
person or elderly person to achieve that person’s greatest potential. A
sustained relationship typically lasts nine months or longer.

(d) “Organization” means a qualified entity that:

(A) Is exempt from taxation under section 501(c) of the Internal
Revenue Code, as amended and in effect on January 1, 2002; and

(B) Provides mentoring programs or tutoring programs.

(e) “Qualified entity” has the meaning given that term in ORS
181.533.

(f) “Tutoring program” means a program that provides a committed,
sustained, one-to-one relationship between a volunteer and a youth,
dependent person or elderly person based upon a specified activity that
increases specific skills of the youth, dependent person or elderly
person. A sustained relationship typically lasts nine months or longer.

(g) “Youth” means a person who has not attained 18 years of age.
[1999 c.777 §2; 2001 c.871 §2]Note: 181.556 was added to and made a part of 181.010 to 181.560 by
legislative action but was not added to any other series. See Preface to
Oregon Revised Statutes for further explanation.
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:

(1) Gave prior written consent for the agency to make a criminal
offender record check through the department; or

(2) 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) 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) 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. [1989 c.364 §2](1) When a person or agency, other than a criminal
justice agency or a law enforcement agency, pursuant to ORS 181.555 (2),
requests from the Department of State Police criminal offender
information regarding an individual, if the department’s compiled
criminal offender information on the individual contains records of any
conviction, or of any arrest less than one year old on which there has
been no acquittal or dismissal, the department shall respond to the
request as follows:

(a) The department shall send prompt written notice of the request
to the individual about whom the request has been made. The department
shall address the notice to the individual’s last address known to the
department and to the individual’s address, if any, supplied by the
person making the request. However, the department has no obligation to
insure that the addresses are current. The notice shall state that the
department has received a request for information concerning the
individual and shall identify the person or agency making the request.
Notice to the individual about whom the request is made shall include:

(A) A copy of all information to be supplied to the person or
agency making the request;

(B) Notice to the individual of the manner in which the individual
may become informed of the procedures adopted under ORS 181.555 (3) for
challenging inaccurate criminal offender information; and

(C) Notice to the individual of the manner in which the individual
may become informed of rights, if any, under Title VII of the Civil
Rights Act of 1964, and notice that discrimination by an employer on the
basis of arrest records alone may violate federal civil rights law and
that the individual may obtain further information by contacting the
Bureau of Labor and Industries.

(b) Fourteen days after sending notice to the individual about whom
the request is made, the department shall deliver to the person or agency
making the request the following information if held regarding any
convictions and any arrests less than one year old on which the records
show no acquittal or dismissal:

(A) Date of arrest.

(B) Offense for which arrest was made.

(C) Arresting agency.

(D) Court of origin.

(E) Disposition, including sentence imposed, date of parole if any
and parole revocations if any.

(c) The department shall deliver only the data authorized under
paragraph (b) of this subsection.

(d) The department shall inform the person or agency requesting the
criminal offender information that the department’s response is being
furnished only on the basis of similarity of names and description and
that identification is not confirmed by fingerprints.

(2) If the department holds no criminal offender information on an
individual, or the department’s compiled criminal offender information on
the individual consists only of nonconviction data, the department shall
respond to a request under this section that the individual has no
criminal record and shall release no further information.

(3) The department shall keep a record of all persons and agencies
making inquiries under ORS 181.555 (2) and shall keep a record of the
names of the individuals about whom such persons or agencies are
inquiring, regardless of whether the department has compiled any criminal
offender information on the individuals. These records shall be public
records and shall be available for inspection under ORS 192.410 to
192.505.

(4) Nothing in ORS 181.066, 181.548, 181.555 or this section is
intended to prevent the department from charging a reasonable fee,
pursuant to ORS 192.440, for responding to a criminal offender
information inquiry or for making information available under ORS 181.555
or this section. [1981 c.905 §5] 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.(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 Oregon having
primary responsibility for investigation of the case shall provide
information relating to any suspected criminal homicide to the
Superintendent of State Police within 25 days after its discovery. The
criminal justice agency shall submit the information on a form which
shall be developed and provided by the Department of State Police. The
form shall contain only information necessary to aid law enforcement
personnel in comparing homicides and suspected homicides and discovering
those exhibiting similar characteristics. The Department of State Police
shall enter information submitted by an investigating agency into a file
controlled by the Department of State Police and shall compare such
information to information on other homicides or suspected homicides, for
the purpose of discovering similarities in criminal methods and suspect
descriptions. The Department of State Police shall advise the concerned
investigating agencies if the Department of State Police finds homicides
exhibiting similar criminal methods or suspect descriptions.

(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 (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.(1)(a) If the
State Board of Parole and Post-Prison Supervision for a person on parole
or post-prison supervision or the Department of Corrections or a
community corrections agency for a person on probation makes a
determination that the person under its supervision is a predatory sex
offender, the agency supervising the person shall notify:

(A) Anyone whom the agency determines is appropriate that the
person is a predatory sex offender; and

(B) A long term care facility, as defined in ORS 442.015, or a
residential care facility, as defined in ORS 443.400, that the person is
a predatory sex offender if the agency knows that the person is seeking
admission to the facility.

(b) When a predatory sex offender has been subsequently convicted
of another crime and is on supervision for that crime, the agency
supervising the person, regardless of the nature of the crime for which
the person is being supervised:

(A) May notify anyone whom the agency determines is appropriate
that the person is a predatory sex offender; and

(B) Shall notify a long term care facility, as defined in ORS
442.015, or a residential care facility, as defined in ORS 443.400, that
the person is a predatory sex offender if the agency knows that the
person is seeking admission to the facility.

(2) In making a determination under subsection (1) of this section,
the agency shall consider notifying:

(a) The person’s family;

(b) The person’s sponsor;

(c) Residential neighbors and churches, community parks, schools,
convenience stores, businesses and other places that children or other
potential victims may frequent; and

(d) Any prior victim of the offender.

(3) When an agency determines that notification is necessary, the
agency may use any method of communication that the agency determines is
appropriate. The notification:

(a) May include, but is not limited to, distribution of the
following information:

(A) The person’s name and address;

(B) A physical description of the person including, but not limited
to, the person’s age, height, weight and eye and hair color;

(C) The type of vehicle that the person is known to drive;

(D) Any conditions or restrictions upon the person’s probation,
parole, post-prison supervision or conditional release;

(E) A description of the person’s primary and secondary targets;

(F) A description of the person’s method of offense;

(G) A current photograph of the person; and

(H) The name or telephone number of the person’s parole and
probation officer.

(b) Shall include, if the notification is required under subsection
(1)(a)(B) or (b)(B) of this section, the information described in
paragraph (a)(D), (F) and (H) of this subsection.

(4) Not later than 10 days after making its determination that a
person is a predatory sex offender, the agency supervising the person
shall:

(a) Notify the Department of State Police of the person’s status as
a predatory sex offender;

(b) Enter into the Law Enforcement Data System the fact that the
person is a predatory sex offender; and

(c) Send to the Department of State Police, by electronic or other
means, all of the information listed in subsection (3) of this section
that is available.

(5) When the Department of State Police receives information
regarding a person under subsection (4) of this section, the Department
of State Police, upon request, may make the information available to the
public.

(6) Upon termination of its supervision of a person determined to
be a predatory sex offender, the agency supervising the person shall:

(a) Notify the Department of State Police:

(A) Of the person’s status as a predatory sex offender;

(B) Whether the agency made a notification regarding the person
under this section; and

(C) Of the person’s level of supervision immediately prior to
termination of supervision; and

(b) Send to the Department of State Police, by electronic or other
means, the documents relied upon in determining that the person is a
predatory sex offender and in establishing the person’s level of
supervision.

(7) The agency supervising a person determined to be a predatory
sex offender shall verify the residence address of the person every 90
Note: See note under 181.585.(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.(1) Notwithstanding any other provision of law, when a person
who has been under supervision by the Department of Corrections or a
community corrections agency is no longer under supervision, the
Department of State Police, the chief of police of a city police
department or a county sheriff may notify the public that the person is a
predatory sex offender if:

(a) While the person was under supervision, the person was
determined to be a predatory sex offender as provided in ORS 181.585 and
notification under ORS 181.586 was made to someone other than the
person’s family; and

(b) The person’s last primary supervising authority has notified
the Department of State Police that the person was under a high level of
supervision at the termination of the person’s most recent period of
supervision.

(2) The Department of State Police, the chief of police of a city
police department or a county sheriff may notify the public that a person
is a predatory sex offender if:

(a) The Department of State Police, the chief of police or the
county sheriff determines that the person is a predatory sex offender as
provided in ORS 181.585; and

(b) The person was not under supervision in this state or for some
other reason was not subject to a determination under ORS 181.586.

(3) When the circumstances authorizing notification to the public
of a person’s status as a predatory sex offender under subsection (1) or
(2) of this section exist, the Department of State Police, chief of
police or county sheriff shall notify a long term care facility, as
defined in ORS 442.015, or a residential care facility, as defined in ORS
443.400, that the person is a predatory sex offender if the department,
chief of police or county sheriff knows that the person is seeking
admission to the facility.

(4) Notification under subsection (1), (2) or (3) of this section
may include distribution of any information listed in ORS 181.586 (3)(a).
Notification under subsection (3) of this section shall include
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.(1) Notwithstanding any other provision of law, the
Department of State Police, the chief of police of a city police
department or a county sheriff may notify the public that a person is a
predatory sex offender if:

(a) The person is required to report under ORS 181.595, 181.596 or
181.597 after being found to be within the jurisdiction of the juvenile
court for having committed an act that if committed by an adult would
constitute a sex crime;

(b) The person is not under the supervision of the juvenile court;
and

(c) The Department of State Police, chief of police or sheriff,
after consulting with the person’s last primary supervising agency,
determines that the person is a predatory sex offender as provided in ORS
181.585.

(2) Notification under subsection (1) of this section may include
any of the following information:

(a) The person’s name and address;

(b) A physical description of the person including, but not limited
to, the person’s age, height, weight and eye and hair color;

(c) The type of vehicle the person is known to drive;

(d) Any conditions or restrictions upon the person’s release;

(e) A description of the person’s primary and secondary victims of
choice;

(f) A description of the person’s method of offense;

(g) A current photograph of the person; and

(h) The name or work telephone number of the person’s parole and
Note: See note under 181.588.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 (1) The
Department of State Police shall enter into the Law Enforcement Data
System the sex offender information obtained from the sex offender
registration forms submitted under ORS 181.595, 181.596 and 181.597. The
department shall remove from the Law Enforcement Data System the sex
offender information obtained from the sex offender registration form
submitted under ORS 181.595, 181.596 or 181.597 if the conviction or
adjudication that gave rise to the registration obligation is reversed or
vacated or if the registrant is pardoned.

(2)(a) When a person is under supervision for the first time as a
result of a conviction for an offense requiring reporting as a sex
offender, the department, a chief of police or a county sheriff shall
release, upon request, only the following information about the sex
offender:

(A) The sex offender’s name and date of birth;

(B) A physical description of the sex offender and a photograph, if
applicable;

(C) The name and zip code of the city where the sex offender
resides;

(D) The name and telephone number of a contact person at the agency
that is supervising the sex offender; and

(E) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on a
vocation.

(b) Notwithstanding paragraph (a) of this subsection, if the sex
offender is under the supervision of the Oregon Youth Authority or a
county juvenile department, the Department of State Police, chief or
police or county sheriff shall release only:

(A) The sex offender’s name and year of birth;

(B) The name and zip code of the city where the sex offender
resides;

(C) The name and telephone number of a contact person at the agency
that is supervising the sex offender; and

(D) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on a
vocation.

(c) An agency that supervises a sex offender shall release, upon
request, any information that may be necessary to protect the public
concerning the sex offender.

(3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the first
time as sex offenders, the Department of State Police, a chief of police
or a county sheriff shall release, upon request, any information that may
be necessary to protect the public concerning sex offenders who reside in
a specific area or concerning a specific sex offender. However, the
entity releasing the information may not release the identity of a victim
of a sex crime.

(4)(a) The department may make the information described in
subsections (2) and (3) of this section available to the public, without
the need for a request, by electronic or other means. The department
shall make information about a person who is under supervision for the
first time as a result of a conviction for an offense that requires
reporting as a sex offender accessible only by the use of the sex
offender’s name. For all other sex offenders, the department may make the
information accessible in any manner the department chooses.

(b) Notwithstanding paragraph (a) of this subsection, the
department may not use the Internet to make information available to the
public except as required by paragraph (c) of this subsection.

(c) Notwithstanding subsections (2) and (3) of this section, the
department shall use the Internet to make the information described in
paragraph (d) of this subsection available to the public if the
information is about a person:

(A) Determined to be a predatory sex offender, as provided in ORS
181.585, who has also been determined, pursuant to rules of the agency
making the predatory sex offender determination, to present the highest
risk of reoffending and to require the widest range of notification; or

(B) Found to be a sexually violent dangerous offender under ORS
144.635.

(d) The information required to be made available under paragraph
(c) of this subsection is:

(A) The person’s name and address;

(B) A physical description of the person including, but not limited
to, the person’s age, height, weight and eye and hair color;

(C) The type of vehicle that the person is known to drive;

(D) Any conditions or restrictions upon the person’s probation,
parole, post-prison supervision or conditional release;

(E) A description of the person’s primary and secondary targets;

(F) A description of the person’s method of offense;

(G) A current photograph of the person;

(H) If the person is under supervision, the name or telephone
number of the person’s parole and probation officer; and

(I) If the person is not under supervision, contact information for
the Department of State Police.

(5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of the
national sex offender registry in accordance with appropriate state and
federal procedures.

(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: The amendments to 181.592 by section 1, chapter 812, Oregon
Laws 2005, become operative July 1, 2006. See section 3, chapter 812,
Oregon Laws 2005. The text that is operative until July 1, 2006,
including amendments by section 13, chapter 567, Oregon Laws 2005, is set
forth for the user’s convenience.

181.592. (1) The Department of State Police shall enter into the
Law Enforcement Data System the sex offender information obtained from
the sex offender registration forms submitted under ORS 181.595, 181.596
and 181.597. The department shall remove from the Law Enforcement Data
System the sex offender information obtained from the sex offender
registration form submitted under ORS 181.595, 181.596 or 181.597 if the
conviction or adjudication that gave rise to the registration obligation
is reversed or vacated or if the registrant is pardoned.

(2)(a) When a person is under supervision for the first time as a
result of a conviction for an offense requiring reporting as a sex
offender, the department, a chief of police or a county sheriff shall
release, upon request, only the following information about the sex
offender:

(A) The sex offender’s name and date of birth;

(B) A physical description of the sex offender and a photograph, if
applicable;

(C) The name and zip code of the city where the sex offender
resides;

(D) The name and telephone number of a contact person at the agency
that is supervising the sex offender; and

(E) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on a
vocation.

(b) Notwithstanding paragraph (a) of this subsection, if the sex
offender is under the supervision of the Oregon Youth Authority or a
county juvenile department, the Department of State Police, chief or
police or county sheriff shall release only:

(A) The sex offender’s name and year of birth;

(B) The name and zip code of the city where the sex offender
resides;

(C) The name and telephone number of a contact person at the agency
that is supervising the sex offender; and

(D) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on a
vocation.

(c) An agency that supervises a sex offender shall release, upon
request, any information that may be necessary to protect the public
concerning the sex offender.

(3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the first
time as sex offenders, the Department of State Police, a chief of police
or a county sheriff shall release, upon request, any information that may
be necessary to protect the public concerning sex offenders who reside in
a specific area or concerning a specific sex offender. However, the
entity releasing the information may not release the identity of a victim
of a sex crime.

(4)(a) The department may make the information described in
subsections (2) and (3) of this section available to the public, without
the need for a request, by electronic or other means. The department
shall make information about a person who is under supervision for the
first time as a result of a conviction for an offense that requires
reporting as a sex offender accessible only by the use of the sex
offender’s name. For all other sex offenders, the department may make the
information accessible in any manner the department chooses.

(b) Notwithstanding paragraph (a) of this subsection, the
department may use the Internet to make the information described in
subsections (2) and (3) of this section available to the public only if
the information is about a person determined to be a predatory sex
offender as provided in ORS 181.585 or found to be a sexually violent
dangerous offender under ORS 144.635.

(5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of the
national sex offender registry in accordance with appropriate state and
federal procedures.

(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.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. 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 Oregon counties and by the
federal government. [2005 c.812 §2]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.
As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1) “Attends” means is enrolled on a full-time or part-time basis.

(2)(a) “Correctional facility” means any place used for the
confinement of persons:

(A) Charged with or convicted of a crime or otherwise confined
under a court order.

(B) Found to be within the jurisdiction of the juvenile court for
having committed an act that if committed by an adult would constitute a
crime.

(b) “Correctional facility” applies to a state hospital or a secure
intensive community inpatient facility only as to persons detained
therein charged with or convicted of a crime, or detained therein after
being found guilty except for insanity under ORS 161.290 to 161.370.

(3) “Institution of higher education” means a public or private
educational institution that provides a program of post-secondary
education.

(4) “Sex crime” means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(c) Unlawful sexual penetration in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state;

(i) Paying for viewing a child’s sexually explicit conduct;

(j) Compelling prostitution;

(k) Promoting prostitution;

(L) Kidnapping in the first degree if the victim was under 18 years
of age;

(m) Contributing to the sexual delinquency of a minor;

(n) Sexual misconduct if the offender is at least 18 years of age;

(o) Possession of materials depicting sexually explicit conduct of
a child in the first degree;

(p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be within the
jurisdiction of the juvenile court;

(q) Any attempt to commit any of the crimes set forth in paragraphs
(a) to (p) of this subsection;

(r) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (p) or (s) of this subsection; or

(s) 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
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.(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; or

(d) Is discharged by the court under ORS 161.329 after having been
found guilty except for insanity of a sex crime.

(3)(a) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional release, the
person shall report, in person, to the Department of State Police, a
chief of police or a county sheriff or to the supervising agency, if any.

(b) After making the report required by paragraph (a) of this
subsection, the person shall report, in person:

(A) Within 10 days of a change of residence;

(B) Once each year within 10 days of the person’s birth date,
regardless of whether the person changed residence;

(C) Within 10 days of the first day the person works at, carries on
a vocation at or attends an institution of higher education; and

(D) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.

(c) The person shall make the reports required by paragraph (b) of
this subsection to the department, a chief of police, a county sheriff or
the supervising agency, if any.

(d) If the person required to report under this subsection is a
youth offender, 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

Note: The amendments to 181.595 by section 34, chapter 843, Oregon
Laws 2005, become operative July 1, 2007. See section 38, chapter 843,
Oregon Laws 2005. The text that is operative on and after July 1, 2007,
is set forth for the user’s convenience.

181.595. (1)(a) Except as otherwise provided in paragraph (b) of
this subsection, the agency or official to whom a person reports under
subsection (3) of this section shall complete a sex offender registration
form concerning the person when the person reports under subsection (3)
of this section.

(b) When a person who is under supervision reports to the agency
supervising the person, the supervising agency may require the person to
report instead to the Department of State Police, a chief of police or a
county sheriff and provide the supervising agency with proof of the
completed registration.

(2) Subsection (3) of this section applies to a person who:

(a) Is discharged, paroled or released on any form of supervised or
conditional release from a jail, prison or other correctional facility or
detention facility in this state at which the person was confined as a
result of:

(A) Conviction of a sex crime;

(B) Having been found guilty except for insanity of a sex crime; or

(C) Having been found to be within the jurisdiction of the juvenile
court for having committed an act that if committed by an adult would
constitute a sex crime;

(b) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would constitute a sex
crime if committed in this state;

(c) Is paroled to or otherwise placed in this state after having
been found by a court in another jurisdiction to have committed an act
while the person was under 18 years of age that would constitute a sex
crime if committed in this state by an adult;

(d) Is discharged or placed on conditional release by the juvenile
panel of the Psychiatric Security Review Board after having been found to
be responsible except for insanity under ORS 419C.411 for an act that
would constitute a sex crime if committed by an adult; or

(e) Is discharged by the court under ORS 161.329 after having been
found guilty except for insanity of a sex crime.

(3)(a) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional release, the
person shall report, in person, to the Department of State Police, a
chief of police or a county sheriff or to the supervising agency, if any.

(b) After making the report required by paragraph (a) of this
subsection, the person shall report, in person:

(A) Within 10 days of a change of residence;

(B) Once each year within 10 days of the person’s birth date,
regardless of whether the person changed residence;

(C) Within 10 days of the first day the person works at, carries on
a vocation at or attends an institution of higher education; and

(D) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.

(c) The person shall make the reports required by paragraph (b) of
this subsection to the department, a chief of police, a county sheriff or
the supervising agency, if any.

(d) If the person required to report under this subsection is a
youth offender or young person, as defined in ORS 419A.004, who is under
supervision, the person shall make the reports required by paragraphs (a)
and (b) of this subsection to the agency supervising the person.

(e) The obligation to report under this subsection terminates if
the conviction or adjudication that gave rise to the obligation is
reversed or vacated or if the registrant is pardoned.

(4) As part of the registration requirement under this section, the
Department of State Police, the chief of police, the county sheriff or
the supervising agency:

(a) Shall photograph the person and obtain the signature of the
person; and

(b) May fingerprint the person.Note: See note under 181.594.(1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person reports under
subsection (4) of this section shall complete a sex offender registration
form concerning the person when the person reports under subsection (4)
of this section.

(b) When a person who is under supervision reports to the agency
supervising the person, the supervising agency may require the person to
report instead to the Department of State Police, a chief of police or a
county sheriff and provide the supervising agency with proof of the
completed registration.

(2) Subsection (4) of this section applies to a person who is
discharged, released or placed on probation:

(a) By the court after being convicted in this state of a sex crime;

(b) By the juvenile court after being found to be within the
jurisdiction of the juvenile court for having committed an act that if
committed by an adult would constitute a sex crime;

(c) To this state under ORS 144.610 after being convicted in
another jurisdiction of a crime that would constitute a sex crime if
committed in this state; or

(d) To this state after having been found by a court in another
jurisdiction to have committed an act while the person was under 18 years
of age that would constitute a sex crime if committed in this state by an
adult.

(3) The court shall ensure that the person completes a form that
documents the person’s obligation to report under ORS 181.595 or this
section. No later than three working days after the person completes the
form required by this subsection, the court shall ensure that the form is
sent to the Department of State Police.

(4)(a) Within 10 days following discharge or release, the person
shall report, in person, to the Department of State Police, chief of
police or county sheriff or to the supervising agency, if any.

(b) After making the report required by paragraph (a) of this
subsection, the person shall report, in person:

(A) Within 10 days of a change of residence;

(B) Once each year within 10 days of the person’s birth date,
regardless of whether the person changed residence;

(C) Within 10 days of the first day the person works at, carries on
a vocation at or attends an institution of higher education; and

(D) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.

(c) The person shall make the reports required by paragraph (b) of
this subsection to the department, a chief of police, a county sheriff or
the supervising agency, if any.

(d) If the person required to report under this subsection is a
youth offender, as defined in ORS 419A.004, who is under supervision, the
person shall make the reports required by paragraphs (a) and (b) of this
subsection to the agency supervising the person.

(e) The obligation to report under this subsection terminates if
the conviction or adjudication that gave rise to the obligation is
reversed or vacated or if the registrant is pardoned.

(5) As part of the registration requirement under this section, the
Department of State Police, the chief of police, the county sheriff or
the supervising agency:

(a) Shall photograph the person and obtain the signature of the
person; and

Note: See note under 181.594.(1)(a) When a person listed in
subsection (2) of this section moves into this state and is not otherwise
required by ORS 181.595 or 181.596 to report, the person shall report, in
person, to the Department of State Police, a city police department or a
county sheriff’s office:

(A) No later than 10 days after moving into this state;

(B) Within 10 days of a change of residence; and

(C) Once each year within 10 days of the person’s birth date,
regardless of whether the person changed residence.

(b) When a person listed in subsection (2) of this section attends
school or works in this state, resides in another state and is not
otherwise required by ORS 181.595 or 181.596 to report, the person shall
report, in person, to the department, a city police department or a
county sheriff’s office no later than 10 days after:

(A) The first day of school attendance or the 14th day of
employment in this state; and

(B) A change in school enrollment or employment.

(c) As used in paragraph (b) of this subsection, “attends school”
means enrollment in any type of school on a full-time or part-time basis.

(d) When a person reports under paragraph (a) of this subsection,
the agency or official to whom the person reports shall complete a sex
offender registration form concerning the person.

(e) The obligation to report under this section terminates if the
conviction or adjudication that gave rise to the obligation is reversed
or vacated or if the registrant is pardoned.

(2) Subsection (1) of this section applies to:

(a) A person convicted in another jurisdiction of a crime if the
elements of the crime would constitute a sex crime;

(b) A person found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that would
constitute a sex crime if committed in this state by an adult; and

(c) A person required to register in another state for having
committed a sex offense in that state regardless of whether the crime
would constitute a sex crime in this state.

(3) As part of the registration required under this section, the
Department of State Police, a city police department or a sheriff’s
office:

(a) Shall photograph the person and obtain the signature of the
person; and

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. (1) Agencies
and officials required to register offenders under ORS 181.595, 181.596
and 181.597 shall use forms provided by the Department of State Police.
The department shall include places on the form to list all the names
used by the offender and the address of the offender. No later than three
working days after registration, the agency or official completing the
form shall:

(a) Send the original copy of the registration form to the
department; or

(b) Forward the registration information to the department by any
means and, within 10 working days after registration, send the original
copy of the registration form to the department.

(2) If the person is no longer under supervision, the department
shall verify the residence address of a person determined to be a
sexually violent dangerous offender as defined in ORS 137.765 every 90
days by mailing a verification form to the person at the person’s last
reported residence address. No later than 10 days after receiving the
form, the person shall sign and return the form to the department.

(3) The department shall assess a person who is required to report
under ORS 181.595, 181.596 or 181.597 and who is not under supervision a
fee of $70 each year. Moneys received by the department under this
subsection are continuously appropriated to the department for the
purpose of carrying out the department’s duties under ORS 181.585 to
181.587, 181.588, 181.589, 181.594 to 181.601, 181.602, 181.603, 181.604,
Note: See note under 181.597. (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
Note: See note under 181.597. (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
Note: See note under 181.597.(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
Note: See note under 181.597. The purpose
of ORS 181.594 to 181.601 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.(1) When the court imposes sentence upon a person
convicted of a sex crime the court shall notify the person of the
requirement to report as a sex offender under ORS 181.595 and 181.596.

(2) At the initial intake for incarceration or release on any type
of supervised release, the sex offender shall complete a form that
documents the offender’s obligation to report under ORS 181.595 or
181.596. The Department of State Police shall develop and provide the
form. No later than three working days after the sex offender completes
the form, the person responsible for the intake process shall send the
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. 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
Note: See note under 181.603. (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. A public agency and its employees are immune from
liability, both civil and criminal, for the good faith performance of the
agency’s or employee’s duties under ORS 181.585 to 181.587, 181.588,
Note: See note under 181.603.
(1)(a) No sooner than two years, but no later than five years, after the
termination of juvenile court 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, 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, 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 person’s willingness to accept personal responsibility for
the act and personal accountability for the consequences of the act;

(k) The person’s ability and efforts to pay the victim’s 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 person’s compliance with court or supervision requirements
regarding treatment; and

(D) The quality and thoroughness of the treatment program;

(m) The person’s academic and employment history;

(n) The person’s use of drugs or alcohol before and after the
adjudication;

(o) The person’s history of public or private indecency;

(p) The person’s 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 shall make a reasonable effort to
notify the victim of the crime that the person has filed a petition
seeking relief under this section.

(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, 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, 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. [2001 c.884 §3a; 2003 c.530 §1; 2005 c.567 §2]Note: The amendments to 181.607 by section 30, chapter 843, Oregon
Laws 2005, become operative July 1, 2007. See section 38, chapter 843,
Oregon Laws 2005. The text that is operative on and after July 1, 2007,
is set forth for the user’s convenience.

181.607. (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 person’s willingness to accept personal responsibility for
the act and personal accountability for the consequences of the act;

(k) The person’s ability and efforts to pay the victim’s 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 person’s compliance with court, board or supervision
requirements regarding treatment; and

(D) The quality and thoroughness of the treatment program;

(m) The person’s academic and employment history;

(n) The person’s use of drugs or alcohol before and after the
adjudication;

(o) The person’s history of public or private indecency;

(p) The person’s 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 shall make a reasonable effort to
notify the victim of the crime that the person has filed a petition
seeking relief under this section.

(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.Note: 181.607 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.(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. [2003 c.530 §2; 2005 c.567 §3]Note: 181.608 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.PUBLIC SAFETY STANDARDS AND TRAINING

(1) “Abuse” has the meaning given the term in ORS 107.705.

(2) “Board” means the Board on Public Safety Standards and Training
appointed pursuant to ORS 181.620.

(3) “Certified reserve officer” means a reserve officer who has
been designated by a local law enforcement unit, has received training
necessary for certification and has met the minimum standards and
training requirements established under ORS 181.640.

(4) “Commissioned” means an authorization granting the power to
perform various acts or duties of a police officer or certified reserve
officer and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.

(5) “Corrections officer” means an officer or member of a law
enforcement unit who is employed full-time thereby and is charged with
and primarily performs the duty of custody, control or supervision of
individuals convicted of or arrested for a criminal offense and confined
in a place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles.

(6) “Department” means the Department of Public Safety Standards
and Training.

(7) “Director” means the Director of the Department of Public
Safety Standards and Training.

(8) “Domestic violence” means abuse between family or household
members.

(9) “Emergency medical dispatcher” means a person who has
responsibility to process requests for medical assistance from the public
or to dispatch medical care providers.

(10) “Family or household members” has the meaning given that term
in ORS 107.705.

(11) “Fire service professional” means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire investigation, fire
prevention, fire safety, fire control or fire suppression or providing
emergency medical services, light and heavy rescue services, search and
rescue services or hazardous materials incident response. “Fire service
professional” does not include forest fire protection agency personnel.

(12)(a) “Law enforcement unit” means a police force or organization
of the state, a city, port, school district, mass transit district,
county, county service district authorized to provide law enforcement
services under ORS 451.010, Indian reservation, Criminal Justice Division
of the Department of Justice, the Department of Corrections, the Oregon
State Lottery Commission or common carrier railroad whose primary duty,
as prescribed by law, ordinance or directive, is any one or more of the
following:

(A) Detecting crime and enforcing the criminal laws of this state
or laws or ordinances relating to airport security;

(B) The custody, control or supervision of individuals convicted of
or arrested for a criminal offense and confined to a place of
incarceration or detention other than a place used exclusively for
incarceration or detention of juveniles; or

(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of adult
offenders on parole or probation or being considered for parole or
probation.

(b) “Law enforcement unit” also means:

(A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area whose
employees are commissioned by a county sheriff; and

(B) A district attorney’s office.

(13) “Parole and probation officer” means:

(a) Any officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and performs the
duty of:

(A) Community protection by controlling, investigating, supervising
and providing or making referrals to reformative services for adult
parolees or probationers or offenders on post-prison supervision; or

(B) Investigating adult offenders on parole or probation or being
considered for parole or probation.

(b) Any officer who:

(A) Is certified and has been employed as a full-time parole and
probation officer for more than one year;

(B) Is employed part-time by the Department of Corrections, a
county or a court; and

(C) Is charged with and performs the duty of:

(i) Community protection by controlling, investigating, supervising
and providing or making referrals to reformative services for adult
parolees or probationers or offenders on post-prison supervision; or

(ii) Investigating adult offenders on parole or probation or being
considered for parole or probation.

(14) “Police officer” means an officer, member or employee of a law
enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit district,
county, county service district authorized to provide law enforcement
services under ORS 451.010, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor or who is a member of the Department of State
Police and who is responsible for enforcing the criminal laws of this
state or laws or ordinances relating to airport security or is an
investigator of a district attorney’s office if the investigator is or
has been certified as a peace officer in this or any other state.

(15) “Public or private safety agency” means any unit of state or
local government, a special purpose district or a private firm which
provides, or has authority to provide, fire fighting, police, ambulance
or emergency medical services.

(16) “Public safety personnel” and “public safety officer” include
corrections officers, youth correction officers, emergency medical
dispatchers, parole and probation officers, police officers, certified
reserve officers, telecommunicators and fire service professionals.

(17) “Reserve officer” means an officer or member of a law
enforcement unit:

(a) Who is a volunteer or who is employed less than full-time as a
peace officer commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide law
enforcement services under ORS 451.010, Indian reservation, the Criminal
Justice Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor or who is a member of the Department of State
Police;

(b) Who is armed with a firearm; and

(c) Who is responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport security.

(18) “Telecommunicator” means any person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety dispatcher
whose primary duties are receiving, processing and transmitting public
safety information received through a 9-1-1 emergency reporting system as
defined in ORS 401.710.

(19) “Youth correction officer” means an employee of the Oregon
Youth Authority who is charged with and primarily performs the duty of
custody, control or supervision of youth offenders confined in a youth
correction facility. [1961 c.721 §1; 1963 c.371 §1; 1967 c.305 §2; 1973
c.420 §1; 1975 c.290 §1; 1975 c.392 §3; 1975 c.666 §4; 1977 c.382 §1;
1977 c.477 §1; 1977 c.737 §1; 1979 c.656 §4; 1981 c.449 §1; 1985 c.302
§9; 1985 c.565 §20; 1987 c.320 §137; 1989 c.1058 §1; 1991 c.742 §1; 1993
c.14 §22; 1993 c.185 §10; 1993 c.594 §1; 1993 c.623 §1; 1995 c.97 §1;
1995 c.128 §2; 1995 c.303 §1; 1995 c.422 §131q; 1995 c.624 §§1,1a; 1995
c.651 §8; 1997 c.249 §53; 1997 c.853 §1; 1999 c.360 §1; 1999 c.854 §1;
1999 c.867 §1](1) For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534, the
Department of Public Safety Standards and Training may require the
fingerprints of a person who:

(a) Is employed or applying for employment by the department;

(b) Provides services or seeks to provide services to the
department as a contractor, vendor or volunteer; or

(c) Is applying for a license or certificate, or for reissuance of
a license or certificate, that is issued by the department or is under
investigation by the department.

(2) ORS 181.534 (11) and (12) does not apply to the department when
the department makes denial or revocation decisions regarding persons
described in subsection (1)(c) of this section or ORS 181.880 or 703.090.

(3) The department and an employee of the department acting within
the course and scope of employment are immune from any civil liability
that might otherwise be incurred or imposed for making denial or
revocation decisions regarding persons described in subsection (1)(c) of
this section or ORS 181.880 or 703.090. The department, an employee of
the department acting within the course and scope of employment and an
employer or employer’s agent who in good faith comply with the
requirements of ORS 181.662, 181.875 or 703.090, any rules adopted by the
department and the decision of the department or employee of the
department acting within the course and scope of employment are not
liable for employment-related decisions based on decisions made under ORS
181.662, 181.875 or 703.090. The department or an employee of the
department acting within the course and scope of employment is not liable
for defamation or invasion of privacy in connection with the lawful
dissemination of information lawfully obtained under ORS 181.534. [2005
c.730 §6]Note: 181.612 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 181 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The Governor shall appoint a Board on Public Safety
Standards and Training consisting of 24 members as follows:

(a) Two members shall be chiefs of police recommended to the
Governor by the Oregon Association Chiefs of Police;

(b) One member shall be a sheriff recommended to the Governor by
the Oregon State Sheriffs’ Association;

(c) One member shall be a fire chief recommended to the Governor by
the Oregon Fire Chiefs’ Association;

(d) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Fire District Directors’
Association;

(e) One member shall be a member of the Oregon State Fire Fighter’s
Council recommended to the Governor by the executive body of the council;

(f) One member shall be a representative of corrections personnel
recommended to the Governor by the Oregon State Sheriffs’ Association;

(g) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Volunteer Fire Fighters’
Association;

(h) One member shall be a representative of public safety
telecommunicators;

(i) One member shall be a district attorney recommended to the
Governor by the Oregon District Attorneys Association;

(j) One member shall be the Superintendent of State Police;

(k) One member shall be the Chief of the Portland Police Bureau;

(L) One member shall be the State Fire Marshal;

(m) One member shall be the Chief of the Portland Fire Bureau;

(n) One member shall be the Director of the Department of
Corrections;

(o) One member shall be the Special Agent in Charge of the Federal
Bureau of Investigation for Oregon;

(p) One member shall represent forest protection agencies
recommended to the Governor by the State Forestry Department;

(q) One member shall be an administrator of a municipality
recommended to the Governor by the executive body of the League of Oregon
Cities;

(r) Two members shall be nonmanagement representatives of law
enforcement;

(s) One member shall be a public member. A person appointed as a
public member under this section shall be a person:

(A) Who has no personal interest or occupational responsibilities
in the area of responsibility given to the board; and

(B) Who represents the interests of the public in general;

(t) Two members shall be representatives of the private security
industry recommended to the Governor by the Private Security Policy
Committee; and

(u) One member shall be a representative of the collective
bargaining unit that represents the largest number of individual workers
in the Department of Corrections.

(2) The term of office of a member is three years, and no member
may be removed from office except for cause. Before the expiration of the
term of a member, the Governor shall appoint the member’s successor to
assume the member’s duties on July 1 next following. In case of a vacancy
for any cause, the Governor shall make an appointment, effective
immediately, for the unexpired term.

(3) Except for members who serve by virtue of office, no member
shall serve more than two terms. For purposes of this subsection, a
person appointed to fill a vacancy consisting of an unexpired term of at
least one and one-half years has served a full term.

(4) Appointments of members of the board by the Governor, except
for those members who serve by virtue of office, are subject to
confirmation by the Senate in the manner provided in ORS 171.562 and
171.565.

(5) A member of the board is entitled to compensation and expenses
as provided in ORS 292.495. [1961 c.721 §§4,5; 1967 c.305 §3; 1969 c.314
§12; 1973 c.599 §4; 1973 c.792 §2; 1975 c.290 §15; 1977 c.382 §12; 1979
c.410 §2; 1991 c.380 §1; 1993 c.185 §11; 1995 c.510 §19; 1999 c.139 §1;
2003 c.14 §80; 2003 c.546 §8; 2003 c.669 §1; 2005 c.447 §10] (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
Oregon and shall be used in the development of the department’s budget
and facilities planning.

(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] 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] (1)(a) The Governor
shall appoint the Director of the Department of Public Safety Standards
and Training, who shall hold office at the pleasure of the Governor and
not be subject to the State Personnel Relations Law.

(b) The person appointed as director may be selected from
candidates recommended to the Governor by the Board on Public Safety
Standards and Training. The candidates shall be well qualified by
training and experience to perform the functions of the office.

(c) An appointed director of the department shall receive such
salary as is provided by law or, if not so provided, as is fixed by the
Governor.

(2)(a) The director, with the approval of the Governor and after
consulting the board for advice, shall organize and reorganize the
department in the manner the director considers necessary to conduct the
work of the department properly.

(b) With the approval of the Governor, the director may appoint a
deputy director, who shall serve at the pleasure of the director, not be
subject to the State Personnel Relations Law and have full authority to
act for the director, subject to the control of the director. The
appointment of the deputy director shall be by written order, filed with
the Secretary of State.

(3) The director, subject to applicable provisions of the State
Personnel Relations Law, shall appoint all subordinate officers and
employees of the department, prescribe their functions and fix their
compensation.

(4) The director or the director’s designee shall serve as
executive secretary to the board, but shall not be a member of the board.

(5) The board shall annually evaluate the director’s implementation
of policies, standards and minimum requirements for public safety
certifications and training, reporting to the Governor the results of the
evaluation. [1963 c.371 §3; 1997 c.853 §3; 2003 c.770 §9] 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]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] (1) The Board on Public Safety
Standards and Training shall establish the following policy committees:

(a) Corrections Policy Committee;

(b) Fire Policy Committee;

(c) Police Policy Committee;

(d) Telecommunications Policy Committee; and

(e) Private Security Policy Committee.

(2) The members of each policy committee shall select a chairperson
and vice chairperson for the policy committee. Only members of the policy
committee who are also members of the board are eligible to serve as a
chairperson or vice chairperson. The vice chairperson may act as
chairperson in the absence of the chairperson.

(3) The Corrections Policy Committee consists of:

(a) All of the board members who represent the corrections
discipline;

(b) The chief administrative officer of the training division of
the Department of Corrections;

(c) A security manager from the Department of Corrections; and

(d) The following, who may not be current board members, appointed
by the chairperson of the board:

(A) One person recommended by and representing the Oregon State
Sheriffs’ Association;

(B) Two persons recommended by and representing the Oregon Jail
Managers’ Association;

(C) One person recommended by and representing a statewide
association of community corrections directors;

(D) One nonmanagement corrections officer employed by the
Department of Corrections; and

(E) One corrections officer who is a female, who is employed by the
Department of Corrections at a women’s correctional facility and who is a
member of a bargaining unit.

(4) The Fire Policy Committee consists of:

(a) All of the board members who represent the fire service
discipline; and

(b) The following, who may not be current board members, appointed
by the chairperson of the board:

(A) One person recommended by and representing a statewide
association of fire instructors;

(B) One person recommended by and representing a statewide
association of fire marshals;

(C) One person recommended by and representing community college
fire programs; and

(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters.

(5) The Police Policy Committee consists of:

(a) All of the board members who represent the law enforcement
discipline; and

(b) The following, who may not be current board members, appointed
by the chairperson of the board:

(A) One person recommended by and representing the Oregon
Association Chiefs of Police;

(B) Two persons recommended by and representing the Oregon State
Sheriffs’ Association;

(C) One command officer recommended by and representing the Oregon
State Police; and

(D) One nonmanagement law enforcement officer.

(6) The Telecommunications Policy Committee consists of:

(a) All of the board members who represent the telecommunications
discipline; and

(b) The following, who may not be current board members, appointed
by the chairperson of the board:

(A) Two persons recommended by and representing a statewide
association of public safety communications officers;

(B) One person recommended by and representing the Oregon
Association Chiefs of Police;

(C) One person recommended by and representing the Oregon State
Police;

(D) Two persons representing telecommunicators;

(E) One person recommended by and representing the Oregon State
Sheriffs’ Association;

(F) One person recommended by and representing the Oregon Fire
Chiefs’ Association;

(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Department of Human
Services; and

(H) One person representing paramedics and recommended by a
statewide association dealing with fire medical issues.

(7) The Private Security Policy Committee consists of:

(a) All of the board members who represent the private security
industry; and

(b) The following, who may not be current board members, appointed
by the chairperson of the board:

(A) One person representing unarmed private security professionals;

(B) One person representing armed private security professionals;

(C) One person representing the health care industry;

(D) One person representing the manufacturing industry;

(E) One person representing the retail industry;

(F) One person representing the hospitality industry;

(G) One person representing private business or a governmental
entity that utilizes private security services;

(H) One person representing persons who monitor alarm systems;

(I) Two persons who are investigators licensed under ORS 703.430,
one of whom is recommended by the Oregon State Bar and one of whom is in
private practice; and

(J) One person who represents the public at large and who is not
related within the second degree by affinity or consanguinity to a person
who is employed or doing business as a private security professional or
executive manager, as defined in ORS 181.870, or as an investigator, as
defined in ORS 703.401.

(8) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the diversity
of the state’s population. An appointment made by the chairperson of the
board must be ratified by the board before the appointment is effective.
The chairperson of the board may remove an appointed member for just
cause. An appointment to a policy committee that is based on the member’s
employment is automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner as
making an initial appointment. The term of an appointed member is two
years. An appointed member may be appointed to a second term.

(9) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the Department of
Public Safety Standards and Training. A majority of a policy committee
constitutes a quorum to conduct business. A policy committee may create
subcommittees if needed.

(10)(a) Each policy committee shall develop policies, requirements,
standards and rules relating to its specific discipline. A policy
committee shall submit its policies, requirements, standards and rules to
the board for the board’s consideration. When a policy committee submits
a policy, requirement, standard or rule to the board for the board’s
consideration, the board shall:

(A) Approve the policy, requirement, standard or rule;

(B) Disapprove the policy, requirement, standard or rule; or

(C) Defer a decision and return the matter to the policy committee
for revision or reconsideration.

(b) The board may defer a decision and return a matter submitted by
a policy committee under paragraph (a) of this subsection only once. If a
policy, requirement, standard or rule that was returned to a policy
committee is resubmitted to the board, the board shall take all actions
necessary to implement the policy, requirement, standard or rule unless
the board disapproves the policy, requirement, standard or rule.

(c) Disapproval of a policy, requirement, standard or rule under
paragraph (a) or (b) of this subsection requires a two-thirds vote by the
members of the board.

(11) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from the
board’s consideration. [2001 c.734 §2; 2003 c.14 §81; 2003 c.546 §1; 2003
c.669 §2; 2005 c.447 §11; 2005 c.613 §28]Note: Section 5, chapter 770, Oregon Laws 2003, provides:

Sec. 5. The Police Policy Committee established under ORS 181.637
shall determine when the training academy for which acquisition of real
property is authorized by ORS 181.636 is completed. When the committee
has made that determination, the committee shall certify its findings to
the Governor. [2003 c.770 §5] (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] (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](1) In accordance
with any applicable provision of ORS chapter 183, to promote enforcement
of law and fire services by improving the competence of public safety
personnel and their support staffs, and in consultation with the agencies
for which the Board on Public Safety Standards and Training and
Department of Public Safety Standards and Training provide standards,
certification, accreditation and training:

(a) The department shall recommend and the board shall establish by
rule reasonable minimum standards of physical, emotional, intellectual
and moral fitness for public safety personnel and instructors.

(b) The department shall recommend and the board shall establish by
rule reasonable minimum training for all levels of professional
development, basic through executive, including but not limited to
courses or subjects for instruction and qualifications for public safety
personnel and instructors. Training requirements shall be consistent with
the funding available in the department’s legislatively approved budget.

(c) The department, in consultation with the board, shall establish
by rule a procedure or procedures to be used by law enforcement units,
public or private safety agencies or the Oregon Youth Authority to
determine whether public safety personnel meet minimum standards or have
minimum training.

(d) Subject to such terms and conditions as the department may
impose, the department shall certify instructors and public safety
personnel, except youth correction officers, as being qualified under the
rules established by the board.

(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 board’s
duties and powers.

(5) Pursuant to ORS chapter 183, the department, in consultation
with the board, shall adopt rules necessary to carry out the department’s
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. [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] 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 the law,
theory, policies and practices related to vehicle pursuit driving and, as
facilities and funding permit, vehicle pursuit training exercises. [2001
c.734 §8]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.The Board on Public Safety
Standards and Training shall ensure that all police officers and
certified reserve officers are trained 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
handicap, 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 person’s rights under the convention.
[1989 c.1028 §3; 1995 c.128 §1; 1995 c.624 §3; 2003 c.109 §1] 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. 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](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]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](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]
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, telecommunicator or emergency medical dispatcher. 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. [1987 c.901 §3;
1991 c.742 §4; 1995 c.624 §6; 1997 c.853 §6](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 officer’s
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
officer’s employment when it considers the delay necessary. When a law
enforcement unit delays commencement of a corrections officer’s 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](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](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](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] (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: 181.657 becomes operative on the date specified in section 6,
chapter 734, Oregon Laws 2001, as amended by section 4, chapter 770,
Oregon Laws 2003 (note following 181.636).(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 sheriff’s 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
officer’s 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]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 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](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). [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](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](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 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 United States; and

(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 or authorized by the department not later than the
90th day after the date of the officer’s 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 officer’s
employment when it considers the delay necessary. When a law enforcement
unit delays commencement of a police officer’s 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 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 (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]Note: The amendments to 181.665 by section 5, chapter 734, Oregon
Laws 2001, become operative on the date specified in section 6, chapter
734, Oregon Laws 2001, as amended by section 4, chapter 770, Oregon Laws
2003 (note following 181.636). 181.665, as amended by section 5, chapter
734, Oregon Laws 2001, is set forth for the user’s convenience.

181.665. (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 United States; and

(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 officer’s 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 officer’s
employment when it considers the delay necessary. When a law enforcement
unit delays commencement of a police officer’s 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.(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]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] (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 officer’s 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 employee’s 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] (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] (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.
Except as provided in subsection (2) of this section, all moneys in the
Police Standards and Training Account are appropriated continuously for
and 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. [1961
c.721 §7; 1979 c.410 §7; 1987 c.320 §140; 1993 c.188 §13; 1997 c.853 §16] 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]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]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] 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] (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 (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 Governor’s 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 Oregon Liquor Control Commission;

(k) The Oregon Youth Authority; and

(L) The State Commission on Children and Families. [1993 c.188 §5;
1997 c.433 §4; 1997 c.853 §19; 2001 c.936 §4] (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](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 department’s or the agency’s duties under ORS 181.715. The board
consists of the following members:

(a) The State Court Administrator or the administrator’s designee;

(b) The Director of the Department of Corrections or the director’s
designee;

(c) The Superintendent of State Police or the superintendent’s
designee;

(d) The executive director of the Oregon Criminal Justice
Commission or the executive director’s designee;

(e) The Director of Transportation or the director’s designee;

(f) The chairperson of the State Board of Parole and Post-Prison
Supervision or the chairperson’s designee;

(g) The Director of the Department of Public Safety Standards and
Training or the director’s 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
administrator’s designee;

(o) The Director of the Oregon Youth Authority or the director’s
designee;

(p) The State Fish and Wildlife Director or the director’s designee;

(q) The administrator of the Oregon Liquor Control Commission or
the administrator’s designee; and

(r) The staff director of the State Commission on Children and
Families or the staff director’s 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] (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
Oregon;

(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]OREGON COMMUNITY CRIME PREVENTION INFORMATION CENTER As used in ORS
181.755 to 181.765, unless the context requires otherwise:

(1) “Center” means the Oregon Community Crime Prevention
Information Center.

(2) “Coordinator” means the Coordinator of the Oregon Community
Crime Prevention Information Center.

(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]The Oregon Community Crime Prevention Information Center is
created within the Department of Public Safety Standards and Training.
The center within the limits of available funds shall:

(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 Oregon crime prevention association, for the purpose
of increasing program efficiency, effectiveness and consistency;

(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] (1) The Oregon Community
Crime Prevention Information Center is under the supervision and control
of the coordinator who is responsible for the performance of the duties,
functions and powers of the center.

(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] (1) To aid and
advise the coordinator in the performance of the functions of the Oregon
Community Crime Prevention Information Center, an advisory committee may
be established.

(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]PUBLIC SAFETY PERSONNEL GENERALLY (1) No law
enforcement agency of the State of Oregon or of any political subdivision
of the state shall use agency moneys, equipment or personnel for the
purpose of detecting or apprehending persons whose only violation of law
is that they are persons of foreign citizenship present in the United
States in violation of federal immigration laws.

(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](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](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 192.502 (2), (3) or (33).

(c) Information about the employee that is prohibited from
disclosure by subsection (3) of this section. [1999 c.855 §3; 2005 c.397
§2](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 PROVIDERSAs 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 company’s or business’s
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 individual’s 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](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 United States.

(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 person’s 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 person’s 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](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 professional’s
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]
(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] 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]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](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 provider’s 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] (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 applicant’s
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
department’s 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](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] (1) If a private
security provider is charged with a crime, the private security provider
shall notify the private security provider’s 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]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] 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 and used exclusively by the department
to carry out the duties imposed by ORS 181.870 to 181.887 and 181.991.
[1995 c.510 §12; 1997 c.853 §31; 2005 c.447 §12]PENALTIESViolation of ORS 181.140 is a Class A
misdemeanor. [Amended by 1971 c.743 §343](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 person’s 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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