(1) As used in this section and ORS 144.637:
(a) History of sexual assault means that a person has engaged in unlawful sexual conduct that:
(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and
(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.
(b) Sexually violent dangerous offender means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the State Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subsection (3) of this section.
(2) When a person is released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subsection (3) of this section, the board or local supervisory authority shall subject the person to intensive supervision for the full period of the person’s parole or post-prison supervision if:
(a) The person was 18 years of age or older at the time the person committed the offense; and
(b) The board or local supervisory authority finds that the person is a sexually violent dangerous offender.
(3) The crimes to which subsection (2) of this section applies are:
(a) Rape in the first degree and sodomy in the first degree if the victim was:
(A) Subjected to forcible compulsion by the person;
(B) Under 12 years of age; or
(C) Incapable of consent by reason of mental defect, mental incapacitation or physical helplessness;
(b) Unlawful sexual penetration in the first degree; and
(c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.924 §1]