Can a Sex Offender Work at an Apartment Complex?
Full Question:
Answer:
The answer will depend on the terms of his probation, whether s/he has been designated a sexually violent dangerous offender, predatory sex offender, or dangerous offender, and the nature of the apartment complex. If it is mainly inhabited by elderly people, it probably isn't a problem. We suggest s/he consult his probation officer.
Please see the following OR statutes:
163.476 Unlawfully being in a location where children regularly congregate.
(1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
(B) Has been designated a predatory sex offender under ORS 181.585 and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person's supervisory authority or supervising officer to be in or upon the specific premises;
(C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) "Premises where persons under 18 years of age regularly congregate" means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
(b) "Sex crime" has the meaning given that term in ORS 181.594.
(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor.
[2005 c. 811 § 1]
181.586 Notice to appropriate persons of supervised predatory sex offender; content; additional duties of supervising agency.
(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 days.