IV
105TH CONGRESS
1ST SESSION
H. CON. RES. 125
Expressing the sense of the Congress that each State should enact legislation
regarding notification procedures necessary when a sexually violent of-
fender is released.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 1997
Mr. GUTKNECHT (for himself, Mr. LAMPSON, Mr. DEAL of Georgia, Mr.
WALSH, Mr. FROST, Mr. HORN, Ms. PRYCE of Ohio, Mr. LIPINSKI, Mr.
DIAZ-BALART, Mr. NEY, Mr. PETERSON of Minnesota, Mr. MCINTOSH,
Ms. MOLINARI, Mr. DAVIS of Virginia, Ms. STABENOW, Mr. SCHIFF, Mr.
LUTHER, Mr. BALDACCI, Mr. BENTSEN, Mr. FAZIO of California, Mr.
DEUTSCH, Ms. LOFGREN, Mrs. ROUKEMA, Mrs. KELLY, Ms. CARSON,
Mr. CRAMER, Mr. SANDLIN, Ms. MILLENDER-MCDONALD, Mr. CASTLE,
Mr. UNDERWOOD, Mr. GRAHAM, and Mr. FOX of Pennsylvania) submit-
ted the following concurrent resolution; which was referred to the Com-
mittee on Judiciary
CONCURRENT RESOLUTION
Expressing the sense of the Congress that each State should
enact legislation regarding notification procedures nec-
essary when a sexually violent offender is released.
Whereas States are now required to release certain relevant
information to protect the public from sexually violent of-
fenders; and
Whereas many States have not established guidelines regard-
ing the notification and release of a sexually violent of-
fender: Now, therefore, be it
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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
Officer of the State in guidelines issued pursuant to this
section.
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(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:
(1) Criminal history factors indicative of high
risk of repeat offense, including—
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(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
sex offender is under supervision, receiving
counseling, therapy or treatment, or residing in
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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
include the commitment file, medical file, and treat-
ment file pertaining to such person.
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(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.
The Board shall use the guidelines established pursu-
ant to section 2(a) to recommend to an appropriate court
of the State 1 of the following 3 levels of notification:
(1) TIER I.—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 enforce-
ment agency having jurisdiction and the law enforce-
ment agency having had jurisdiction at the time of
his conviction shall be notified in accordance with
section 170101(b)(4) of the Violent Crime Control
and Law Enforcement Act of 1994.
(2) TIER II.—If the risk of a repeat offense is
moderate, a tier 2 designation shall be given to such
sex offender. In such case the designated law en-
forcement agency having jurisdiction and the law en-
forcement agency having had jurisdiction at the time
of conviction shall be notified and may notify any
victim of the proposed release of such offender and
any agency, organization, or group, serving individ-
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uals who have similar characteristics to the previous
victim or victims of such offender. The notification
may include the approximate address (by ZIP Code),
background 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) TIER III.—If the risk of a repeat offense is
high and there exists a threat to the public safety,
a tier 3 designation shall be given to such offender.
In such case, the appropriate law enforcement agen-
cies shall be notified of such an offender’s release
and may use the notification procedures described in
paragraph (2), except that a precise address may be
released and any relevant information necessary to
protect the public concerning a specific person re-
quired to register under section 170101 of the Vio-
lent Crime Control and Law Enforcement Act of
1994 shall be released.
SEC. 4. JUDICIAL DETERMINATION.
(a) NOTIFICATION LEVEL.—
(1) IN GENERAL.—An appropriate court of the
State also shall make a determination with respect
to the level of notification, after receiving a tier rec-
ommendation from the Board. In making the deter-
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mination, the court shall review any statement by a
victim or victims and any materials submitted by the
sex offender. The court shall also allow the sex of-
fender to appear and be heard, and inform the sex
offender of the right to have counsel appointed if
necessary.
(2) APPEAL.—A sex offender may appeal a de-
termination made by the court made under para-
graph (1) in accordance with State law.
(3) NOTIFICATION
AND
REGISTRATION.—The
filing of the appeal shall not stay the designated law
enforcement 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 Enforcement Act of 1994 upon
conviction of an offense requiring registration in the
future.
(b) 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.
SEC. 5. 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
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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.
(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. 6. JUVENILE OFFENDERS.
(a) IN GENERAL.—A juvenile residing in a State who
has been adjudicated delinquent for any sex offense or at-
tempted sex offense, or who has been convicted of any sex
offense or attempted sex offense, or who has been acquit-
ted by reason of insanity for any sex offense or attempted
sex offense shall be required to comply with the registra-
tion requirements established pursuant to section 170101
of the Violent Crime Control and Law Enforcement Act
of 1994.
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(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. 7. 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-
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
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in this Act unless it is shown that such official, employee,
or agency acted with gross negligence or in bad faith.
SEC. 8. 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. 9. 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
to participate, including the hearing process, appeal
rights, and submission of information to the Board.
SEC. 10. ADVISORY COUNCIL FOR COMMUNITY EDUCATION.
(a) IN GENERAL.—The Chief Executive Officer of a
State shall appoint a voluntary advisory council to design
a policy to assist communities in which a sex offender re-
sides to plan and prepare for such a resident.
(b) COMPOSITION.—Each such advisory council shall
include representation from—
(1) law enforcement;
(2) law enforcement organizations;
(3) local corrections agencies;
(4) victims groups; and
(5) other interested members of the public.
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(c) DUTIES.—In developing a policy pursuant to sub-
section (a), an advisory council should make recommenda-
tions that include—
(1) the method of distributing community noti-
fication information;
(2) methods of educating community residents
at public meetings on how they can use such infor-
mation to enhance their safety and the safety of
their family;
(3) procedures for ensuring that community
members are educated regarding the right of the sex
offender not to be subjected to harassment or crimi-
nal acts; and
(4) other matters the council considers nec-
essary to ensure the effective and fair administration
of the community notification law.
SEC. 11. EXPUNGEMENT OF OUTDATED INFORMATION.
In accordance with section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994, the de-
partment required to coordinate the sex offender registra-
tion program shall compile and update information re-
garding the offenders. Any offender whose duty to register
has expired or who has been relieved of the duty to register
shall be removed from any public database.
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SEC. 12. EXCEPTIONAL CIRCUMSTANCES.
Nothing in this Act shall be construed to prevent law
enforcement officers from notifying members of the public
of individuals that pose a danger under circumstances that
are not described in section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994 or under this
Act.
SEC. 13. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘criminal offense against a victim
who is a minor’’ means any criminal offense that
consists of—
(A) kidnapping of a minor, except by a
parent;
(B) false imprisonment of a minor, except
by a parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of a minor to engage in
sexual conduct;
(E) use of a minor in a sexual perform-
ance;
(F) solicitation of a minor to practice pros-
titution;
(G) any conduct that by its nature is a
sexual offense against a minor; and
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(H) an attempt to commit an offense de-
scribed in any of subparagraphs (A) through
(H) if the State—
(i) makes such an attempt a criminal
offense; or
(ii) chooses to include such an offense
in those which are criminal offenses
against a victim who is a minor for pur-
poses of this section.
For purposes of this paragraph, conduct which is
criminal only because of the age of the victim shall
not be considered a criminal offense if the perpetra-
tor is 18 years of age or younger.
(2) The term ‘‘sexually violent offense’’ means
any criminal offense that consists of aggravated sex-
ual abuse or sexual abuse (as described in sections
2241 and 2242 of title 18, United States Code, or
as described in the State criminal code) or an of-
fense that has as its elements engaging in physical
contact with another person with intent to commit
aggravated sexual abuse or sexual abuse (as de-
scribed in such sections of title 18, United States
Code, or as described in the State criminal code).
(3) The term ‘‘mental abnormality’’ means a
congenital or acquired condition of a person that af-
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fects the emotional or volitional capacity of the per-
son in a manner that predisposes that person to the
commission of criminal sexual acts to a degree that
makes the person a menace to the health and safety
of other persons.
(4) The term ‘‘predatory’’ means an act di-
rected at a stranger, or a person with whom a rela-
tionship has been established or promoted for the
primary purpose of victimization.
Any offense committed in another State, which if commit-
ted in the State at issue would be one of the above enu-
merated offenses, is considered a sexual offense for the
purposes of this Act.
(5) The term ‘‘juvenile’’ has the meaning given
such term under State law.
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