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Oregon Megan's
Law and Victim's Rights
The Constitution of the State of Oregon is amended by creating a new section
to be added to and made a part of Article I, such section to read:
(1) To preserve and protect the right of crime victims to justice, to ensure
crime victims a meaningful role in the criminal and juvenile justice systems, to
accord crime victims due dignity and respect and to ensure that criminal and
juvenile court delinquency proceedings are conducted to seek the truth as to the
defendant's innocence or guilt, and also to ensure that a fair balance is struck
between the rights of crime victims and the rights of criminal defendants in the
course and conduct of criminal and juvenile court delinquency proceedings, the
following rights are hereby granted to victims in all prosecutions for crimes
and in juvenile court delinquency proceedings:
- The right to be present at and, upon specific request, to be informed
in advance of any critical stage of the proceedings held in open court when the
defendant will be present, and to be heard at the pretrial release hearing and
the sentencing or juvenile court delinquency disposition;
- The right, upon request, to obtain information about the conviction,
sentence, imprisonment, criminal history and future release from physical
custody of the criminal defendant or convicted criminal and equivalent
information regarding the alleged youth offender or youth offender;
- The right to refuse an interview, deposition or other discovery
request by the criminal defendant or other person acting on behalf of the
criminal defendant provided, however, that nothing in this paragraph shall
restrict any other constitutional right of the defendant to discovery against
the state;
- The right to receive prompt restitution from the convicted criminal
who caused the victim's loss or injury;
- The right to have a copy of a transcript of any court proceeding in
open court, if one is otherwise prepared;
- The right to be consulted, upon request, regarding plea negotiations
involving any violent felony; and
- The right to be informed of these rights as soon as
practicable.
(2) This section applies to all criminal and juvenile court delinquency
proceedings pending or commenced on or after the effective date of this section.
Nothing in this section reduces a criminal defendant's rights under the
Constitution of the United States. Except as otherwise specifically provided,
this section supersedes any conflicting section of this Constitution. Nothing in
this section is intended to create any cause of action for compensation or
damages nor may this section be used to invalidate an accusatory instrument,
ruling of a court, conviction or adjudication or otherwise suspend or terminate
any criminal or juvenile delinquency proceedings at any point after the case is
commenced or on appeal.
(3) As used in this section:
- 'Convicted criminal' includes a youth offender in juvenile court
delinquency proceedings.
- 'Criminal defendant' includes an alleged youth offender in juvenile
court delinquency proceedings.
- 'Victim' means any person determined by the prosecuting attorney to
have suffered direct financial, psychological or physical harm as a result of a
crime and, in the case of a victim who is a minor, the legal guardian of the
minor. In the event that no person has been determined to be a victim of the
crime, the people of Oregon, represented by the prosecuting attorney, are
considered to be the victims. In no event is it intended that the criminal
defendant be considered the victim.
- 'Violent felony' means a felony in which there was actual or
threatened serious physical injury to a victim or a felony sexual
offense.
| Contact Person: |
Dan Malin, Manager, Sex Offender Registration Unit - State Police
(503) 378-3720, ext. 4425 |
| Offenders Required to Register: |
Anyone convicted of a sexual crime. Statute is retroactive from
1989. |
| Information Collected: |
Name, address, physical description, photograph, fingerprints,
DNA, vehicle type, driver's license # and SSN. Location and phone number of
employment and whether or not the offender has completed treatment. |
| Administrating Agency: |
State Police. |
| Timeframe for Registration: |
Within 10 days of release on supervision; 10 days of changing
address, 10 days of moving into Oregon. |
| Applies to Out of State Offenders: |
Yes, if convicted or required to register in another
state. |
| Duration of Requirement: |
Life; may petition for waiver after 10 years if they have been
convicted of one C Felony or less. |
| Verification of Address: |
County wide sex offender sweeps. |
| Penalties for Non-Compliance: |
Class C felony if they fail to do initial registration. Failure
to annually register is an A misdemeanor. Failure to register change of address
is an misdemeanor or C felony depending on conviction. |
| Access to Information: |
Community members can contact local law enforcement agencies and
request information on registered offenders either individually or lists of
offenders by zip code. For individuals designated as sexual predators
notifications have included television and radio announcements, community
meetings, newspaper articles, door-to-door flyers, and posting of the offender's
residence. Method dependent upon geographic location and population density.
Notice may include: name, address, physical description, type of vehicle driven,
any conditions of probation, parole or conditions of release, description of
primary and secondary targets and method of offense, current photograph, and
probation or parole officer's name or phone number. |
| Confidentiality Provision: |
No |
| Number Registered: |
12,137 as of 7/29/02 |
| Percent Compliance: |
85.2% |
| Internet Access: |
Benton County: http://www.co.benton.or.us/sheriff/corrections/bccc/sonote/index.htm
Yamhill County: http://corrweb.co.yamhill.or.us/corrnotify/offenderlist.asp
Marion County:
http://sheriff.co.marion.or.us/sexnotif.asp
The Sex Offender Network and Oregon's Special Sex Offender Strategies
(Information Only): http://www.doc.state.or.us
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