Under Oregon law, a sex offender must register in Oregon if the person lives, works, or attends school in Oregon. If you don't have any contact with Oregon, however, you have no obligation to register.

So what happens when you initially had to register in Oregon because you were convicted of a crime in the state, but later leave? The Court of Appeals addressed this question in a recent decision, Bourn v. Board of Parole and Post-Prison Supervision.

The Board of Parole and Post-Prison Supervision.

In many states, including Washington, a court determines whether to relieve a sex offender from the duty to register, But not in Oregon.

This responsibility falls on the Board of Parole and Post-Prison Supervision. The Board is responsible for classifying sex offenders upon their release from the custody of the Department of Corrections—Level 1, 2, or 3, depending on the seriousness of the charge and the likelihood of committing another similar crime.

The Board also determines whether to terminate a person's obligation to register as a sex offender, or whether to lower their classification level (e.g., from Level 3 to 2).

The Bourn Case

In this case, Bourn petitioned the Board for relief of his sex offender registration requirement. At the time he filed the petition, he was living in California.

The Board initially denied his petition because he failed to appear at the hearing (Bourn claims he never got notice). But later the Board revised its opinion and cited OAR 255-087-0020(3)(a), which states only sex offenders who live, work, or go to school in Oregon can petition the Board for registration relief.

The Court of Appeals upheld the Board's denial. Once Bourn cut ties with Oregon, this state lost jurisdiction over him. He no longer had to register in Oregon, but equally important, he no longer had the right to petition Oregon to eliminate his registration requirement. To do that, he would have to file for relief in California.