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Sex offender no longer under watch

Tyler James Miller, formerly Tyler Lupoli, is likely living near Forest Grove

by: COURTESY PHOTO - This mug shot of Tyler James Miller was taken in 2012 at the Washington County Jail a year after he changed his name from Tyler Lupoli.A convicted sex offender who was recently living in Forest Grove and may still be in the area has been getting much more attention than other sex offenders with a similar risk rating.

Tyler James Miller — who changed his name from Tyler James Lupoli in 2011 — was released from prison and began living at the Washington County Community Corrections Center in Hillsboro Monday, Jan. 13, on short-term post-prison supervision.

On Jan. 23, he left the center on community supervision and moved to Apartment 8 of the Holiday Motel at 3224 Pacific Ave. in Forest Grove, according to county records.

The community supervision expired Feb. 10 and Miller left the hotel, according to Michael Mollahan, supervisor of the county’s parole and probation services and also of its sex crimes team. Although he will need to register as a sex offender for the rest of his life, Miller is no longer under any kind of supervision and is free to go where he wishes.

“We no longer have him on our radar,” Mollahan said. “Legally speaking, we have no hold over him.”

According to Mollahan, Miller told supervisors he’d probably live with relatives in the Cornelius/Forest Grove area after he left supervision. A 2012 Oregonian story described Miller’s mother as a Cornelius resident.

According to various reports, Tyler James Lupoli, then 19, was convicted of first-degree sex abuse in February 2006 for inappropriately touching two young girls the previous summer — and attempting to touch two others, both 3-year-olds — at a daycare center in a Hillsboro 24-Hour Fitness.

His conviction was overturned in 2010 due to its primary reliance on the testimony of the two older victims, aged 5 and 8, with no other physical or visual evidence.

In a deal to avoid a new trial, Lupoli admitted to three counts of attempted sex abuse 1 and to a “completed touch” of at least one of the children — a plea which kept him in jail for 10 more months.

He later violated his probation twice and was sent back to prison both times. By that time he had changed his name to Miller.

After he was released from prison and sent to the corrections center, Miller was listed on the county’s “Predatory and High Risk Sex Offenders List,” although according to the assessment form used to rate offenders’ risk of re-offending, his risk is medium-high, not high.

The assessment form, known as the Static-99R Coding Form, rates offenders on a scale of -3 to 12. It considers 10 factors, such as their age at release, age of their victims, criminal history and whether they’ve had intimate relationships with a “lover” that lasted more than two years.

A score of -3 to 1 earns the offender a “low” rating for a person’s risk of reoffending. Offenders who score 2 to 3 are rated moderate-low, 4 to 5 are moderate-high. A score of 6 or higher indicates high likelihood of reoffending and sparks a more in-depth assessment to see if the offender needs to be classified as predatory.

Predatory offenders trigger much stricter post-prison supervision, along with public notice to everyone living within a certain distance of their new homes when they move into a community.

Miller, however, scored a 4 on the form, pegging him as a moderate-high risk to reoffend, but not requiring any public notice or long-term supervision.

Mollahan said he posted Miller on the High-Risk/Predatory list anyway because he was concerned about the young age of Miller’s victims and because of other factors he couldn’t talk about due to a federal privacy law.

Also, the unusually short timeline between Miller’s release from prison and his unsupervised freedom kept parole staff from making sure he was acclimating to the community in an approporiate way, Mollahan said.

“Normally we only do notifiers when we’ve got someone we consider to be a sexual predator,” he said. But in this case, “I wanted everyone to be aware that we were working off a very short time frame ... I was trying to create some doors for people to be aware.”

Miller called Mollahan last Thursday, Feb. 13, to ask why he was still listed online, where the posting described him (under the name Tyler Lupoli) as an “untreated sex offender” and stated that he “is not currently engaged in sex offender treatment and is unemployed.”

Mollahan removed Miller’s name from the list that afternoon.

Now 27, Miller is legally required to register as a sex offender by tomorrow, Thursday, Feb. 20, through his local law enforcement department, which could be either a city police department or a county sheriff, Mollahan said. His registration information will be passed on to the Oregon State Police.

He will need to re-register every year on his birthday and every time he moves to a different address, for the rest of his life. He will register under his current name, Miller, and if he changes his name again, he will have to register under the new name.

“There are officers out there watching to see if he registers,” Mollahan said.

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