An Act To Create the Sex Offender Management and Risk Assessment Advisory Commission
Maine Legislature, Session 127, LD 0379
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, FOWLE, BURNS, DILL, DUTREMBLE, GERZOFSKY, ROSEN, VALENTINO
Amends: 5 MRSA §12004-I, 34-A MRSA §11401

Legislative Document 
No. 379 
S.P. 147 
In Senate, February 12, 2015 
An Act To Create the Sex Offender Management and Risk 
Assessment Advisory Commission 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
Cosponsored by Representative FOWLE of Vassalboro and 
Senators: BURNS of Washington, DILL of Penobscot, DUTREMBLE of York, GERZOFSKY 
of Cumberland, ROSEN of Hancock, VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§4-C is enacted to read: 
4-C.   
Sec. 2.  5 MRSA §12004-I, sub-§74-G, as enacted by PL 2011, c. 663, §1, is 
repealed. 
Sec. 3.  17-A MRSA c. 57, as amended, is repealed. 
Sec. 4.  34-A MRSA c. 19 is enacted to read: 
CHAPTER 19 
SEX OFFENDER MANAGEMENT AND RISK ASSESSMENT ADVISORY 
COMMISSION 
§11401.  Establishment 
The Sex Offender Management and Risk Assessment Advisory Commission, referred 
to in this chapter as "the commission," established by Title 5, section 12004-I, subsection 
4-C, is created for the purpose of conducting a continuing study of methods that may be 
used to predict the risk of recidivism by a sex offender and to develop a method that may 
be used for such purposes. For purposes of this chapter, "sex offender" has the same 
meaning as "offender" in section 11273, subsection 10.  For purposes of this chapter, 
"registrant" has the same meaning as in section 11273, subsection 11. 
§11402.  Membership; terms; vacancies 
1.  Composition; qualifications.  The commission is composed of 7 members, 
appointed by the Attorney General. The members may be qualified by reason of their 
expertise in sex offender matters, including but not limited to risk assessment methods, 
corrections, sex offender law and the prosecution or defense of sex offender crimes. 
2.  Terms.  Members of the commission serve for a term of 2 years and may be 
reappointed. Members continue to serve until their replacements are designated. 
3.  Vacancy.  In the event of the death or resignation of a member, the Attorney 
General shall appoint a member to complete the unexpired term. 
§11403.  Duties; powers 
1.  Development of risk assessment.  The commission shall: 
Corrections 
Sex Offender 
Management and 
Risk Assessment 
Advisory 
Commission 
Not Authorized 
 34-A MRSA §11401 
A.  Develop a plausible risk assessment method for reviewing and analyzing 
precursors to the commission of a sex offense, victim populations of sex offenders, 
living conditions and environment of a registrant or a sex offender and other factors 
predisposing a person to become a registrant or a sex offender and for the ongoing 
purpose of identifying risk factors; 
B.  Continue to evaluate the plausibility, implementation and application of sex 
offender risk assessments; and 
C.  Consult with experts in the field of sex offender matters, including but not limited 
to state or federal agencies, courts, correctional facilities, organizations whose affairs 
pertain to sex offender matters and other interested parties as the commission 
determines necessary. 
2.  Recommendations.  The commission may study and make policy 
recommendations regarding sex offender risk assessment and management to agencies of 
the executive branch, the judicial branch and the Legislature or to any other entity the 
commission determines appropriate. 
3.  Review laws; legislation.  The commission shall examine the sex offender 
registration and notification laws and any other state laws pertaining to sex offender risk 
assessment and management and may submit to the Legislature, at the start of each 
legislative session, such changes to those laws as the commission determines appropriate. 
4.  Funding.  The commission may accept funds from the Federal Government, from 
a political subdivision of the State or from an individual, foundation or corporation and 
may expend these funds for purposes that are consistent with this section. 
§11404.  Organization; meetings 
The Attorney General shall notify all members of the commission of the time and 
place of the first meeting of the commission. At that meeting, the commission shall elect 
a chair, vice-chair and secretary-treasurer and adopt provisions regarding the 
administration of the commission and its affairs. The commission may meet as frequently 
as the commission determines necessary. 
§11405.  Expenses 
Members of the commission may not be compensated for expenses incurred or 
related to the activities of the commission. 
Sec. 5.  Transition.  The Sex Offender Management and Risk Assessment 
Advisory Commission created pursuant to this Act is the successor in every way to the 
powers, duties and functions of the Sex Offender Risk Assessment Advisory Commission 
established pursuant to the Maine Revised Statutes, Title 5, section 12004-I, former 
subsection 74-G and set out in Title 17-A, former chapter 57, and members of the Sex 
Offender Risk Assessment Advisory Commission on the effective date of this Act 
continue as members of the Sex Offender Management and Risk Assessment Advisory 
Commission until the expiration of their terms pursuant to Title 17-A, former section 
1402. 
SUMMARY 
This bill moves the law establishing the Sex Offender Risk Assessment Advisory 
Commission from the Maine Revised Statutes, Title 17-A to Title 34-A and changes the 
name of the commission to the Sex Offender Management and Risk Assessment 
Advisory Commission. The bill also makes changes to the provisions of law regarding the 
commission's powers and duties by requiring the commission to study and offer 
amendments to the sex offender registration and notification laws and by allowing the 
commission to accept funding.