Oklahoma § 57-582.5 - Sex offender level assignment committee – Requirements

Full text of Oklahoma Oklahoma Statutes § 57-582.5 — Sex offender level assignment committee – Requirements, with citation guidance and answers to common questions.

§ 57-582.5. Sex offender level assignment committee – Requirements

to override or increase level assignment – Release of records.

A. The Department of Corrections shall establish a sex offender

level assignment committee composed of at least five members, each

of whom is a state employee whose service on the committee is in

addition to the regular duties of the employee. The committee, to

the extent feasible, should include the following:

1. One member having experience in law enforcement;

2. One member having experience as a sex offender treatment

provider;

3. One member having experience working with victims of sex

offenses; and

4. One member who is a social worker with a graduate degree in

social work.

B. The sex offender level assignment committee functions in an

oversight capacity. The committee shall determine, based on federal

law, the level a person subject to registration pursuant to the

provisions of the Sex Offenders Registration Act shall be placed on.

C. The offense for which the person is convicted shall serve as

the basis for the level assigned to the person. In selecting the

level assignment, the sex offender level assignment committee shall

use the following general guidelines:

1. Level one (low): a designation that the person poses a low

danger to the community and will not likely engage in criminal

sexual conduct;

2. Level two (moderate): a designation that the person poses a

moderate danger to the community and may continue to engage in

criminal sexual conduct; and

3. Level three (high): a designation that the person poses a

serious danger to the community and will continue to engage in

criminal sexual conduct.

D. The sex offender level assignment committee, the Department

of Corrections, or a court may override and increase the level

assignment only if the entity:

1. Believes that the level assignment assessed is not an

accurate prediction of the risk the offender poses to the community;

and

2. Documents the reason for the override in the case file of

the offender.

Provided, in no event shall the sex offender level assignment

committee, the Department of Corrections, or a court override and

reduce a level assigned to an offender as provided in subsection C

of this section.

E. All records and files relating to a person for whom a court,

or the Department of Corrections is required under this act to

determine a level assignment, shall be released to the court or the

Oklahoma Statutes - Title 57. Prisons and Reformatories

Department of Corrections as appropriate, for the purpose of

determining the level assignment of the person.

F. Upon receiving registration information from a local law

enforcement agency of a person who has entered this state and who

has registered as a sex offender, as required in Section 583 of this

title, the sex offender level assignment committee shall review the

registration information and make a determination of the level

assignment of the person. The Department of Corrections Sex

Offender Registry Unit shall provide written notification to the

person and the local law enforcement agency of the level assignment

that has been assigned to the person.

G. The provisions of the Oklahoma Open Meeting Act do not apply

to a meeting of the sex offender level assignment committee.

Added by Laws 2007, c. 261, § 26, eff. Nov. 1, 2007. Amended by

Laws 2008, c. 94, § 1, emerg. eff. April 29, 2008; Laws 2009, c.

404, § 4, eff. Nov. 1, 2009.

§57-582v1. Persons and crimes to which act applies.

A. The provisions of the Sex Offenders Registration Act shall

apply to any person residing, working or attending school within the

State of Oklahoma who, after November 1, 1989, has been convicted,

whether upon a verdict or plea of guilty or upon a plea of nolo

contendere, or received a suspended sentence or any probationary

term, or is currently serving a sentence or any form of probation or

parole for a crime or an attempt to commit a crime provided for in

Section 843.5 of Title 21 of the Oklahoma Statutes if the offense

involved sexual abuse or sexual exploitation as those terms are

defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes,

Section 681, if the offense involved sexual assault, 741, if the

offense involved sexual abuse or sexual exploitation, Section 748,

if the offense involved human trafficking for commercial sex,

Section 843.1, if the offense involved sexual abuse or sexual

exploitation, Section 852.1, if the offense involved sexual abuse of

a child, 856, if the offense involved child prostitution or human

trafficking for commercial sex, 865 et seq., 885, 886, 888, 891, if

the offense involved sexual abuse or sexual exploitation, 1021,

1021.2, 1021.3, 1024.2, 1029, if the offense involved child

prostitution, 1040.8, if the offense involved child sexual abuse

material, 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or

1123 of Title 21 of the Oklahoma Statutes.

B. The provisions of the Sex Offenders Registration Act shall

apply to any person who after November 1, 1989, resides, works or

attends school within the State of Oklahoma and who has been

convicted or received a suspended sentence at any time in any court

of another state, the District of Columbia, Puerto Rico, Guam,

American Samoa, the Northern Mariana Islands and the United States

Virgin Islands, a federal court, an Indian tribal court, a military

Oklahoma Statutes - Title 57. Prisons and Reformatories

court, or a court of a foreign country for a crime, attempted crime

or a conspiracy to commit a crime which, if committed or attempted

in this state, would be a crime, an attempt to commit a crime or a

conspiracy to commit a crime provided for in any of the laws listed

in subsection A of this section.

C. The provisions of the Sex Offenders Registration Act shall

apply to any person who resides, works or attends school within the

State of Oklahoma and who has received a deferred judgment at any

time in any court of another state, the District of Columbia, Puerto

Rico, Guam, American Samoa, the Northern Mariana Islands and the

United States Virgin Islands, a federal court, an Indian tribal

court, a military court, or a court of a foreign country for a

crime, attempted crime or a conspiracy to commit a crime which, if

committed or attempted or conspired to be committed in this state,

would be a crime, an attempt to commit a crime or a conspiracy to

commit a crime provided for in Section 843.5 of Title 21 of the

Oklahoma Statutes if the offense involved sexual abuse or sexual

exploitation as those terms are defined in Section 1-1-105 of Title

10A of the Oklahoma Statutes, Section 681, if the offense involved

sexual assault, 741, if the offense involved sexual abuse or sexual

exploitation, Section 748, if the offense involved human trafficking

for commercial sex, Section 843.1, if the offense involved sexual

abuse or sexual exploitation, Section 852.1, if the offense involved

sexual abuse of a child, 856, if the offense involved child

prostitution or human trafficking for commercial sex, 865 et seq.,

885, 886, 888, 891, if the offense involved sexual abuse or sexual

exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if the offense

involved child prostitution, 1040.8, if the offense involved child

sexual abuse material, 1040.12a, 1040.13, 1040.13a, 1087, 1088,

1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes. The

provisions of the Sex Offenders Registration Act shall not apply to

any such person while the person is incarcerated in a maximum or

medium correctional institution of the Department of Corrections.

D. On November 1, 2002, any person registered as a sex offender

pursuant to Section 741 of Title 21 of the Oklahoma Statutes shall

be summarily removed from the Sex Offender Registry by the

Department of Corrections and all law enforcement agencies of any

political subdivision of this state, unless the offense involved

sexual abuse or sexual exploitation.

E. The provisions of the Sex Offenders Registration Act shall

not apply to any such person who has received a criminal history

records expungement for a conviction in another state for a crime or

attempted crime which, if committed or attempted in this state,

would be a crime or an attempt to commit a crime provided for in any

laws listed in subsection A of this section.

F. The provisions of the Sex Offenders Registration Act shall

apply to any person residing, working or attending school within

Oklahoma Statutes - Title 57. Prisons and Reformatories

this state who, after the effective date of this act, has been

convicted, whether upon a verdict or plea of guilty or upon a plea

of nolo contendere, or received a suspended sentence or any

probationary term, or is currently serving a sentence or any form of

probation or parole for a crime or an attempt to commit a crime as

provided for in subsection G of Section 1040.13b of Title 21 of the

Oklahoma Statutes.

G. The provisions of the Sex Offenders Registration Act shall

apply to any person who resides, works or attends school within this

state and who has received a deferred judgment at any time in any

court of another state, the District of Columbia, Puerto Rico, Guam,

American Samoa, the Northern Mariana Islands and the United States

Virgin Islands, a federal court, an Indian tribal court, a military

court, or a court of a foreign country for a crime, if committed in

this state, would be a crime, as provided for in subsection F of

Section 1040.13b of Title 21 of the Oklahoma Statutes. The

provisions of the Sex Offenders Registration Act shall not apply to

any such person while the person is incarcerated in a maximum or

medium correctional institution of the Department of Corrections.

Added by Laws 1989, c. 212, § 2, eff. Nov. 1, 1989. Amended by Laws

1993, c. 166, § 4, eff. Sept. 1, 1993; Laws 1995, c. 142, § 2, eff.

July 1, 1995; Laws 1997, c. 260, § 3, eff. Nov. 1, 1997; Laws 1998,

c. 347, § 1, eff. Nov. 1, 1998; Laws 1999, c. 336, § 1, eff. Nov. 1,

1999; Laws 2002, c. 20, § 2, emerg. eff. Feb. 28, 2002; Laws 2002,

c. 460, § 34, eff. Nov. 1, 2002; Laws 2005, c. 123, § 1, eff. Nov.

1, 2005; Laws 2007, c. 261, § 22, eff. Nov. 1, 2007; Laws 2009, c.

404, § 2, eff. Nov. 1, 2009; Laws 2010, c. 2, § 25, emerg. eff.

March 3, 2010; Laws 2014, c. 230, § 1, eff. Nov. 1, 2014; Laws 2016,

c. 184, § 3, eff. Nov. 1, 2016; Laws 2019, c. 220, § 2, eff. Nov. 1,

2019; Laws 2020, c. 35, § 3, eff. Nov. 1, 2020; Laws 2024, c. 59, §

41, eff. Nov. 1, 2024.

NOTE: Laws 2009, c. 234, § 147 repealed by Laws 2010, c. 2, § 26,

emerg. eff. March 3, 2010.

§57-582v2. Persons and crimes to which act applies.