•HCON 196 IH
Whereas most States have not established guidelines regard-
ing the notification and release of a sexually violent of-
fender: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that each
State should enact legislation based on the following
model:
SECTION 1. ESTABLISHMENT OF ADVISORY BOARD FOR
RISK ASSESSMENT.
(a) ESTABLISHMENT.—The State shall establish an
Advisory Board for Risk Assessment (referred to in this
Act as the ‘‘Board’’) which consists of not less than 5
members appointed by the Chief Executive Officer of the
State.
(b) DUTIES.—The Board shall comply with the re-
quirements and guidelines established for a State board
under section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 and the provisions of this
Act.
(c) MEMBERSHIP.—Each member shall, by experi-
ence or training, have a personal interest or professional
expertise in law enforcement, crime prevention, victim ad-
vocacy, criminology, psychology, parole, public education,
or community relations.
(d) TERM.—The term of office of each member of
such Board shall be determined by the Chief Executive
•HCON 196 IH
Officer of the State in guidelines issued pursuant to this
section.
(e) VACANCY.—Any member chosen to fill a vacancy
occurring other than by expiration of a term shall be ap-
pointed for the remainder of the unexpired term.
(f) CHAIRPERSON.—The Chief Executive Officer of
the State shall designate 1 of the members of the Board
as chairperson to serve in such capacity at the pleasure
of the Officer or until the member’s term of office expires
and a successor is designated in accordance with law,
whichever occurs first.
(g) TERMINATION.—Any member of the Board may
be removed by the Chief Executive Officer for cause after
an opportunity to be heard.
(h) QUORUM.—Except as otherwise provided by law,
a majority of the Board shall constitute a quorum for the
transaction of all business of the Board.
SEC. 2. GUIDELINES FOR TIER DETERMINATION.
(a) IN GENERAL.—The Chief Executive Officer of the
State or a designee shall develop guidelines and proce-
dures for use by the Board to assess the risk of a repeat
offense by such sex offender and the threat posed to the
public safety. Such guidelines shall be based upon the fol-
lowing:
•HCON 196 IH
(1) Criminal history factors indicative of high
risk of repeat offense, including—
(A) whether the sex offender has a mental
abnormality;
(B) whether the sex offender’s conduct was
found to be characterized by repetitive and
compulsive behavior, associated with drugs or
alcohol;
(C) whether the sex offender served the
maximum term;
(D) whether the sex offender committed
the felony sex offense against a child; and
(E) the age of the sex offender at the time
of the commission of the first sex offense.
(2) Other factors to be considered in determin-
ing risk, including—
(A) the relationship between such sex of-
fender and the victims;
(B) whether the offense involved the use of
a weapon, violence, or infliction of serious bod-
ily injury;
(C) the number, date, and nature of prior
offenses;
(D) conditions of release that minimize
risk of another offense, including whether the
•HCON 196 IH
sex offender is under supervision, receiving
counseling, therapy or treatment, or residing in
a home situation that provides guidance and su-
pervision;
(E) physical conditions that minimize risk
of another offense, including advanced age or
debilitating illness;
(F) whether psychological or psychiatric
profiles indicate a risk of recidivism;
(G) the sex offender’s response to treat-
ment;
(H) recent behavior, including behavior
while confined;
(I) recent threats or gestures against per-
sons or expression of intent to commit addi-
tional offenses; and
(J) review of any victim impact statement.
(b) INFORMATION TRANSFER.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, any State or local correctional facil-
ity, hospital, or institution shall forward relevant in-
formation pertaining to a sex offender to be dis-
charged, paroled, or released to the Board for review
prior to the release or discharge for consideration by
the Board in its recommendations. Information shall
•HCON 196 IH
include the commitment file, medical file, and treat-
ment file pertaining to such person.
(2) 
CONFIDENTIALITY.—All 
confidential
records provided under paragraph (1) shall remain
confidential, unless otherwise ordered by a court, by
the lawful custodians of the records, or by another
person duly authorized to release such information.
SEC. 3. BOARD RECOMMENDATIONS.
(a) DESIGNATION.—Applying the guidelines estab-
lished pursuant to section 2(a), the Board shall, prior to
the discharge, parole, or release of a sex offender, make
a recommendation, which shall be confidential and shall
not be available for public inspection, to the sentencing
court as to whether such sex offender warrants the des-
ignation of sexually violent predator.
(b) NOTIFICATION SYSTEM.—The Board also shall
use the guidelines established pursuant to section 2(a) to
recommend to the sentencing court 1 of the following 3
levels of notification:
(1) If the risk of a repeat offense is low, a tier
1 designation shall be given to such sex offender. In
such case the designated law enforcement agency
having jurisdiction and the law enforcement agency
having had jurisdiction at the time of his conviction
shall be notified in accordance with section
•HCON 196 IH
170101(b)(4) of the Violent Crime Control and Law
Enforcement Act of 1994.
(2) If the risk of a repeat offense is moderate,
a tier 2 designation shall be given to such sex of-
fender. In such case the designated law enforcement
agency having jurisdiction and the law enforcement
agency having had jurisdiction at the time of convic-
tion shall be notified and may notify any victim of
the proposed release of such offender and any agen-
cy, organization, or group, serving individuals who
have similar characteristics to the previous victim or
victims of such offender. The notification may in-
clude the approximate address (by ZIP Code), back-
ground information relating to the crime, type of
victim targeted, conviction, including release of a
photograph of the offender, and any special condi-
tions imposed on the offender.
(3) If the risk of a repeat offense is high and
there exists a threat to the public safety, such sex
offender shall be deemed a sexually violent predator,
and a tier 3 designation shall be given to such of-
fender. In such case, the appropriate law enforce-
ment agencies shall be notified of such an offender’s
release and may use the same notification proce-
dures described in paragraph (2), except that a pre-
•HCON 196 IH
cise address may be released and any relevant infor-
mation necessary to protect the public concerning a
specific person required to register under section
170101 of the Violent Crime Control and Law En-
forcement Act of 1994 shall be released.
SEC. 4. JUDICIAL DETERMINATION.
(a) COURT DESIGNATION.—A determination that an
offender is a sex offender or a sexually violent predator
shall be made prior to the discharge, parole, or release
of such offender by the sentencing court after receiving
a recommendation from the Board.
(b) NOTIFICATION LEVEL.—The sentencing court
also shall make a determination with respect to the level
of notification, after receiving a tier recommendation from
the Board. In making the determination, the court shall
review any statement by a victim or victims and any mate-
rials submitted by the sex offender. The court shall also
allow the sex offender to appear and be heard, and inform
the sex offender of the right to have counsel appointed
if necessary.
(c) REVERSAL.—Upon the reversal of a conviction of
a sexual offense, the court shall order the expungement
of any records required to be kept pursuant to this Act.
•HCON 196 IH
SEC. 5. PETITION FOR RELIEF.
(a) IN GENERAL.—A sex offender required to register
pursuant to section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 may be relieved of any
further duty to register in accordance with such section
or upon the granting of a petition for relief by the sentenc-
ing court.
(b) PETITION.—Upon receipt of a petition for relief
from registration requirements under this Act, the court
shall notify the Board and request an updated report per-
taining to the sex offender. After receiving the report from
the Board, the court may grant or deny the relief sought.
(c) CONSULTATION.—The court may consult with the
victim prior to making a determination on the petition.
(d) HEARING.—The court shall schedule and hold a
hearing in an expedited manner.
(e) RIGHTS OF OFFENDER.—The offender shall be
entitled to present evidence and supporting witnesses and
to confront and cross-examine opposing witnesses.
(f) BURDEN OF PROOF.—The county attorney has
the burden of proof to show, by a preponderance of the
evidence, that—
(1) the Board’s risk assessment is reasonable;
(2) disclosure of information about the offender
to the community is appropriate; and
•HCON 196 IH
(3) the notification actions proposed to be taken
by the law enforcement agency are reasonably relat-
ed to the level of danger presented by the offender.
(g) NOTIFICATION AND REGISTRATION.—The filing
of the petition shall not stay the designated law enforce-
ment agency’s notification actions unless the court orders
otherwise. Such petition, if granted, shall not relieve the
petitioner of the duty to register pursuant to section
170101 of the Violent Crime Control and Law Enforce-
ment Act of 1994 upon conviction of an offense requiring
registration in the future.
SEC. 6. PENALTY FOR MISUSE OF REGISTRATION INFORMA-
TION.
(a) FINE.—Any person who uses information dis-
closed pursuant to this Act in violation of the law shall
be fined under title 18, United States Code, or imprisoned
for not more than 5 years, or both.
(b) CIVIL ACTION.—The State attorney general, a
district attorney, or any person aggrieved by information
disclosed in violation of the law is authorized to bring a
civil action in the appropriate court requesting preventive
relief, including an application for a permanent or tem-
porary injunction, restraining order, or other order
against the person or group of persons responsible for
such action.
•HCON 196 IH
(c) ADDITIONAL REMEDIES.—The foregoing rem-
edies shall be independent of any other remedies or proce-
dures that may be available to an aggrieved party under
other provisions of law.
SEC. 7. JUVENILE OFFENDERS.
(a) IN GENERAL.—Any person residing in a State
who has been twice adjudicated delinquent for any sex of-
fense or attempted sex offense, or who has been convicted
of any sex offense or attempted sex offense, or who has
been acquitted by reason of insanity for any sex offense
or attempted sex offense shall be required to comply with
the registration requirements established pursuant to sec-
tion 170101 of the Violent Crime Control and Law En-
forcement Act of 1994.
(b) YOUTH FACILITY.—Any person who is discharged
or paroled from a facility in another State that is equiva-
lent to a Department of the Youth Authority to the cus-
tody of such a facility because of the commission or at-
tempted commission of specified sex offenses, is required
to register pursuant to section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994.
SEC. 8. OFFICIAL IMMUNITY FROM LIABILITY.
(a) IMMUNITY.—No official, employee, or agency,
whether public or private, shall be subject to any civil or
criminal liability for damages for any discretionary deci-
•HCON 196 IH
sion to release relevant and necessary information pursu-
ant to this section, unless it is shown that such official,
employee, or agency acted with gross negligence or in bad
faith.
(b) INFORMATION RELEASE.—The immunity pro-
vided under this section applies to the release of relevant
information to other employees or officials or to the gen-
eral public.
(c) FAILURE TO RELEASE INFORMATION.—Nothing
in this section shall be deemed to impose any civil or crimi-
nal liability upon or to give rise to a cause of action
against any official, employee, or agency, whether public
or private, for failing to release information as authorized
in this Act unless it is shown that such official, employee,
or agency acted with gross negligence or in bad faith.
SEC. 9. IDENTITY OF THE VICTIM.
Any information identifying the victim by name, birth
date, address, or relation to the registrant shall be ex-
cluded from public access or dissemination.
SEC. 10. GENERAL STATE REQUIREMENTS.
The Chief Executive Officer of a State or designee
shall establish reasonable notification requirements under
this Act, including notification to an offender of any proce-
dures for which the offender is required or is permitted