SB 408 Frequently Asked Questions

When does SB 408 go into effect?

A:  The substantive changes go into effect January 1, 2012.

What does SB 408 do generally?

A:   SB 408 describes the criteria for sex offender registration and relief from
registration for individuals who were adjudicated in a juvenile court.  SB 408 does not apply to adult convictions, including persons who were waived to adult court.  These are the changes enacted under SB 408:

• Juveniles adjudicated of misdemeanor sex offenses after 1/1/2012 will not be required to register.  The Oregon State Police are required by SB 408 to remove all persons required to register solely as the result of a previous juvenile misdemeanor adjudication no later than January 1, 2013. See SB 408, Section 2.
• Only juveniles adjudicated of felony sex crimes will have to register. See SB 408, Section 1. (2)(a)
• Juveniles adjudicated of Class C felony offenses will be eligible to apply for relief from sex offender registration no sooner than 30 days prior to the end of juvenile court jurisdiction. ORS 181.823 (2)(b)
• SB 408 removes three-year time limit for filling a petition for relief from registration for persons adjudicated as juveniles. See SB 408, Section 3.
• The burden of proof remains on the person filing the petition for relief. 
  The previous statute included a 12-month period where the burden of
  proof was on the State. ORS 181.823(4)
• Persons who were adjudicated as
  juveniles of Class A or Class B felonies must still wait two years after
  juvenile court jurisdiction ends to apply for relief from registration. ORS
  181.823(2)(a)
• SB 408 also removed a special filing fee of $300 that was charged to individuals applying for relief from juvenile sex offender registration.  See SB 408, Section 5.

What about people who move to Oregon from other States?

• The changes described above apply to persons adjudicated of a juvenile sex offense in another state or court jurisdiction, in general.
• A person who would be required to register for a Class C felony offense that was adjudicated in another state have 6 months to apply for relief after moving to Oregon before he or she is required to register.

Where does a person who was adjudicated outside of Oregon go to apply for relief?

A:  The statute directs the person who was adjudicated in another state, but is now residing in Oregon, to file the petition for relief in the circuit court of the Oregon county where the person resides.

Is a person who previously missed the opportunity to apply for relief able to apply now? 

A:  Yes, after January 1, 2012.

Who bears the burden of proof when the court considers a petition for relief from registration?

A:  The person filing the petition 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.

Does SB 408 change  any of the criteria the court will consider when deciding to grant or deny a petition for relief?

A:  No, the same criteria described in the old statute still apply.

Can a person obtain a court-appointed attorney to file a petition for relief?

A:  Only individuals who are adjudicated of Class C felony sex offenses in juvenile court may be eligible for court-appointed counsel.  If the youth offender is still under the jurisdiction of the court and meets the financial eligibility criteria, the court shall appoint an attorney to represent the youth offender.  ORS 181.823(12)

Where can I find a copy of SB 408?

A:  The enrolled version of the bill, which was passed by the Legislature and signed by the Governor, can be found at: http://www.leg.state.or.us/11reg/measpdf/sb0400.dir/sb0408.en.pdf