I 

109TH CONGRESS 

2D SESSION H. R. 4815 

To establish a National Sex Offender Risk Classification Task Force to 

create guidelines for the establishment of a risk-based sex offender classification system for use in sex offender registries. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2006 

Mr. GILLMOR introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To establish a National Sex Offender Risk Classification 

Task Force to create guidelines for the establishment 

of a risk-based sex offender classification system for use 

in sex offender registries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Safe NOW Act of 2006’’. 

6 (b) PURPOSE.—The purpose of this Act is to estab7 lish a National Sex Offender Risk Classification Task 


ycherry on PROD1PC64 with BILLS
2 

•HR 4815 IH 

1 Force to create guidelines for the establishment of a risk2 based sex offender classification system that will— 

3 (1) classify sex offenders based on the threat of 

4 danger each sex offender poses to the public; and 

5 (2) allow law enforcement agencies and the 

6 public to identify the most dangerous sex offenders 

7 listed in sex offender registries by using the classi8 fication system. 

9 SEC. 2. DEFINITIONS. 

10 In this Act, the following definitions apply: 

11 (1) SEX OFFENDER REGISTRY.—The term ‘‘sex 

12 offender registry’’ means a registry of sex offenders, 

13 and a notification program, maintained by a juris14 diction. 

15 (2) JURISDICTION.—The term ‘‘jurisdiction’’ 

16 means any of the following: 

17 (A) A State. 

18 (B) The District of Columbia. 

19 (C) The Commonwealth of Puerto Rico. 

20 (D) Guam. 

21 (E) American Samoa. 

22 (F) The Northern Mariana Islands. 

23 (G) The United States Virgin Islands. 

24 (H) Any Federally recognized Indian tribe. 


ycherry on PROD1PC64 with BILLS
3 

•HR 4815 IH 

1 SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION 

2 TASK FORCE. 

3 (a) TASK FORCE ESTABLISHED.—There is estab4 lished, under the general authority of the Attorney Gen5 eral, the National Sex Offender Risk Classification Task 

6 Force (referred to in this Act as the ‘‘Task Force’’). 

7 (b) DUTIES.— 

8 (1) IN GENERAL.—The Task Force shall— 

9 (A) create preliminary guidelines for the 

10 establishment of a risk-based sex offender clas11 sification system; 

12 (B) administer the demonstration program 

13 under section 4; and 

14 (C) create final guidelines for the estab15 lishment of a risk-based sex offender classifica16 tion system that shall be made available to ju17 risdictions for use in accordance with section 7, 

18 and that shall be created using the information 

19 gathered through— 

20 (i) the demonstration program under 

21 section 4; and 

22 (ii) the activities of the working 

23 groups under paragraph (3). 

24 (2) CREATION OF GUIDELINES.—In creating 

25 the guidelines required under this subsection, the 

26 Task Force shall consider— 


ycherry on PROD1PC64 with BILLS
4 

•HR 4815 IH 

1 (A) empirically-based assessment tools 

2 available to assess the dangers posed by sex of3 fenders; 

4 (B) the methods used to classify sex of5 fenders for the purposes of sex offender reg6 istries in use by Federal, State, and local law 

7 enforcement agencies as of the date of enact8 ment of this Act, and how those methods differ 

9 from a risk-based sex offender classification 

10 system; 

11 (C) means by which information regarding 

12 the risk-based classification of sex offenders 

13 may be comprehensively and consistently dis14 seminated to Federal, State, and local law en15 forcement agencies and the public; 

16 (D) opportunities available to sex offenders 

17 (especially those who are not under court super18 vision) to change their risk-based classification, 

19 including voluntary participation in sex offender 

20 treatment and monitoring programs; and 

21 (E) any negative consequences that have 

22 resulted from Megan’s Law (Public Law 104– 

23 145; 110 Stat. 1345), and steps that might be 

24 taken to reduce such negative consequences. 


ycherry on PROD1PC64 with BILLS
5 

•HR 4815 IH 

1 (3) WORKING GROUPS.—The Chair shall des2 ignate 5 working groups within the Task Force, 

3 each of which shall conduct one of the following ac4 tivities: 

5 (A) Survey the methods of risk classifica6 tion used by each jurisdiction, as of the date of 

7 enactment of this Act, and identify changes to 

8 such methods that jurisdictions could imple9 ment to improve the efficiency, accuracy, and 

10 consistency of sex offender registries. 

11 (B) Research and analyze the effectiveness 

12 of the most recently developed tools available 

13 (as of the date of enactment of this Act) to as14 sess the dangers posed by sex offenders and to 

15 classify sex offenders based on risk. 

16 (C) Identify the strengths and weaknesses 

17 of Federal, State, and local sex offender reg18 istration and notification procedures in use as 

19 of the day before the date of enactment of this 

20 Act, and propose methods to improve any such 

21 weaknesses. 

22 (D) Analyze Federal, State, and local law 

23 enforcement agency procedures for community 

24 notification regarding sex offenders (as of the 

25 date of enactment of this Act), and determine 


ycherry on PROD1PC64 with BILLS
6 

•HR 4815 IH 

1 the most appropriate procedures to notify com2 munities regarding sex offenders of varying 

3 risk-based classifications. 

4 (E) Develop a resource guide that Federal, 

5 State, and local law enforcement agencies may 

6 use to educate the public about the prevention 

7 of sex offenses, the dangers posed by sex of8 fenders, the systems used to classify sex offend9 ers, and the access and use of sex offender reg10 istries. 

11 (c) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Task Force shall con13 sist of 20 members, who shall be appointed by the 

14 Attorney General within 45 days after the date of 

15 enactment of this Act, and who shall include— 

16 (A) the Chair; 

17 (B) one representative from each of the 

18 following: 

19 (i) the Safe NOW Project; 

20 (ii) the National Association to PRO21 TECT Children; 

22 (iii) Parents For Megan’s Law, Inc.; 

23 (iv) the Association for the Treatment 

24 of Sexual Abusers; 

25 (v) the National Sheriffs’ Association; 


ycherry on PROD1PC64 with BILLS
7 

•HR 4815 IH 

1 (vi) the National Association of Police 

2 Organizations; 

3 (vii) the American Probation and Pa4 role Association; 

5 (viii) the American Psychological As6 sociation; 

7 (ix) the National Association of Crimi8 nal Defense Lawyers; 

9 (x) the Washington State Institute for 

10 Public Policy; 

11 (xi) the National Center for Missing 

12 and Exploited Children; 

13 (xii) the Office for Victims of Crime; 

14 (xiii) the Center for Sex Offender 

15 Management; 

16 (xiv) the National Law Enforcement 

17 and Corrections Technology Center; 

18 (xv) the Federal Bureau of Investiga19 tion; and 

20 (xvi) the Center for Disease Control 

21 and Prevention; and 

22 (C) three representatives of the academic 

23 community who specialize in risk assessment of 

24 sex offenders. 


ycherry on PROD1PC64 with BILLS
8 

•HR 4815 IH 

1 (2) SELECTION CRITERIA.—The Attorney Gen2 eral shall appoint to the Task Force a Chair and a 

3 diverse group of members who are knowledgeable in 

4 the fields of sex offender management, community 

5 education, risk assessment of sex offenders, and sex 

6 offender victim issues. 

7 (3) TERMS; VACANCIES.—The term of office for 

8 members shall be for the life of the Task Force. A 

9 vacancy in the Task Force shall not affect the pow10 ers of the Task Force, and shall be filled in the 

11 same manner in which the original appointment was 

12 made. 

13 (4) COMPENSATION.— 

14 (A) Except as provided in subparagraph 

15 (B), the Chair and members of the Task Force 

16 shall be paid at the rate of $500 per day for 

17 each day, including travel time, during which he 

18 or she is engaged in the actual performance of 

19 duties vested in the Task Force. 

20 (B) A member of the Task Force who is 

21 a full-time officer or employee of the United 

22 States or a Member of Congress shall receive no 

23 additional pay, allowances, or benefits by reason 

24 of his or her service to the Task Force. 


ycherry on PROD1PC64 with BILLS
9 

•HR 4815 IH 

1 (C) All members of the Task Force shall 

2 be reimbursed for travel, subsistence, and other 

3 necessary expenses incurred by them in the per4 formance of their duties to the extent author5 ized by chapter 57 of title 5, United States 

6 Code. 

7 (d) MEETINGS.— 

8 (1) FREQUENCY.—The Task Force shall meet 

9 not less than 4 times per year, at the call of the 

10 Chair. The Attorney General shall call the first 

11 meeting of the Task Force within 90 days after the 

12 date of the enactment of this Act, or within 30 days 

13 after the date on which legislation is enacted making 

14 appropriations to carry out this Act, whichever date 

15 is later. 

16 (2) RECORD.—The Task Force shall maintain 

17 records of an active roster of membership, meeting 

18 minutes, and any other information the Chair may 

19 require. 

20 (3) PUBLIC MEETINGS; NOTICE.—Task Force 

21 meetings shall be open to the public, except as deter22 mined otherwise by the Chair (or other official to 

23 whom the authority has been delegated by the 

24 Chair). Notice of all meetings shall be published in 


ycherry on PROD1PC64 with BILLS
10 

•HR 4815 IH 

1 the Federal Register not later than 30 days before 

2 the date of such meeting. 

3 (4) CLOSED MEETINGS.—No later than 7 days 

4 after any Task Force meeting (or a portion of such 

5 a meeting) is closed to the public, a report shall be 

6 prepared for the Attorney General by a designated 

7 member the Task Force who was present for the en8 tirety of such meeting, which shall contain, at a min9 imum, a list of individuals present and the activities 

10 conducted at such closed meeting. 

11 SEC. 4. DEMONSTRATION PROGRAM. 

12 (a) IN GENERAL.—The Task Force is authorized to 

13 carry out a demonstration program under which the Task 

14 Force shall award one grant to each of 5 selected jurisdic15 tions to carry out the activities under subsection (b). 

16 (b) PROGRAM ACTIVITIES.—A selected jurisdiction 

17 shall use a grant awarded under subsection (a) to— 

18 (1) use the preliminary guidelines created by 

19 the Task Force under section 3(b) to implement a 

20 risk-based sex offender classification system to clas21 sify sex offenders registered in the jurisdiction’s sex 

22 offender registry; 

23 (2) demonstrate the extent to which such pre24 liminary guidelines provide for the successful impleVerDate Aug 31 2005 02:56 Mar 02, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4815.IH H4815

ycherry on PROD1PC64 with BILLS
11 

•HR 4815 IH 

1 mentation of an effective risk-based sex offender 

2 classification system; and 

3 (3) identify ways such preliminary guidelines 

4 may be improved to provide better guidance for the 

5 successful implementation of an effective risk-based 

6 sex offender classification system. 

7 (c) APPLICATIONS.—A jurisdiction desiring to par8 ticipate in the demonstration program shall submit an ap9 plication to the Task Force at such time, in such manner, 

10 and containing such information as the Task Force may 

11 require. 

12 (d) SELECTION OF JURISDICTIONS.— 

13 (1) Not later than 9 months after the date of 

14 the first meeting of the Task Force, the Task Force 

15 shall select 5 jurisdictions to participate in the dem16 onstration program from the applications received 

17 under subsection (c). 

18 (2) The Task Force shall develop criteria to se19 lect jurisdictions to participate in the demonstration 

20 program. In developing such criteria and selecting 

21 jurisdictions, the Task Force shall consider— 

22 (A) the importance of the participation of 

23 demographically and geographically diverse ju24 risdictions in the demonstration program; and 


ycherry on PROD1PC64 with BILLS
12 

•HR 4815 IH 

1 (B) the willingness and ability of jurisdic2 tions to— 

3 (i) collaborate with officials in such 

4 jurisdiction responsible for the manage5 ment of sex offenders; 

6 (ii) report to the Task Force on the 

7 effectiveness of the preliminary guidelines 

8 created under section 3(b); 

9 (iii) provide recommendations to the 

10 Task Force regarding the improvement of 

11 such preliminary guidelines and the cre12 ation of final guidelines; and 

13 (iv) provide information about their 

14 participation in the demonstration program 

15 to other jurisdictions implementing a risk16 based sex offender classification system. 

17 (e) DURATION.—A grant awarded under this sub18 section shall be for the one-year period beginning on the 

19 date one year after the date of the first meeting of the 

20 Task Force, and shall not be renewable. 

21 (f) ASSISTANCE AND REVIEW.—The Task Force shall 

22 provide technical assistance as necessary to the jurisdic23 tions selected to participate in the demonstration program, 

24 and shall document the demonstration program experience 


ycherry on PROD1PC64 with BILLS
13 

•HR 4815 IH 

1 of each selected jurisdiction in the final report required 

2 under section 5. 

3 SEC. 5. REPORTS. 

4 (a) The Task Force shall provide to the Attorney 

5 General and to the relevant committees of Congress— 

6 (1) not later than one year after the date of the 

7 first meeting of the Task Force, an initial report 

8 containing— 

9 (A) preliminary guidelines for the estab10 lishment of a risk-based sex offender classifica11 tion system to be used for the demonstration 

12 program under section 3; 

13 (B) a list of the jurisdictions selected to 

14 participate in such demonstration program; and 

15 (C) a summary of the activities conducted 

16 by, and the findings of, each working group 

17 under section 3(b)(3); and 

18 (2) not later than 6 months after the date of 

19 the expiration of the demonstration program grants 

20 made under section 4, a final report containing— 

21 (A) final guidelines for the establishment 

22 of a risk-based sex offender classification sys23 tem, as required under section 3(b); and 

24 (B) a summary of the information gath25 ered through the demonstration program under 


ycherry on PROD1PC64 with BILLS
14 

•HR 4815 IH 

1 section 4, including any information provided 

2 by the jurisdictions that participated in such 

3 program that was considered by the Task Force 

4 in the creation of the final guidelines under 

5 subparagraph (A). 

6 SEC. 6. TERMINATION OF TASK FORCE. 

7 The Task Force shall terminate 90 days after the 

8 final report under section 5 is provided to the Attorney 

9 General and the relevant committees of Congress. 

10 SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDE11 LINES. 

12 It is the sense of Congress that each jurisdiction 

13 should use the final guidelines created by the Task Force 

14 under this Act to implement a risk-based sex offender clas15 sification system to classify sex offenders registered in 

16 such jurisdiction’s sex offender registry. 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to carry out this Act (except for section 4), 

20 $1,000,000 for each of fiscal years 2007, 2008, and 2009. 

21 (b) DEMONSTRATION PROGRAM.—There are author22 ized to be appropriated such sums as may be necessary 

23 to carry out the demonstration program under section 4. 

Æ 


ycherry on PROD1PC64 with BILLS