[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 125 Introduced in House (IH)]







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 offender 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) submitted the following concurrent resolution; 
            which was referred to the Committee on Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Expressing the sense of the Congress that each State should enact 
legislation regarding notification procedures necessary when a sexually 
                     violent offender is released.

Whereas States are now required to release certain relevant information to 
        protect the public from sexually violent offenders; and
Whereas many States have not established guidelines regarding the notification 
        and release of a sexually violent offender: 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 requirements 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 experience or training, have 
a personal interest or professional expertise in law enforcement, crime 
prevention, victim advocacy, 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.
    (e) Vacancy.--Any member chosen to fill a vacancy occurring other 
than by expiration of a term shall be appointed 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 procedures 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 following:
            (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 determining risk, 
        including--
                    (A) the relationship between such sex offender and 
                the victims;
                    (B) whether the offense involved the use of a 
                weapon, violence, or infliction of serious bodily 
                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 a home situation that 
                provides guidance and supervision;
                    (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 treatment;
                    (H) recent behavior, including behavior while 
                confined;
                    (I) recent threats or gestures against persons or 
                expression of intent to commit additional 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 facility, hospital, or 
        institution shall forward relevant information pertaining to a 
        sex offender to be discharged, 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 treatment 
        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.

    The Board shall use the guidelines established pursuant 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 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 
        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 enforcement agency having 
        jurisdiction and the law enforcement 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 individuals 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 conditions 
        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 agencies 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 required to register 
        under section 170101 of the Violent 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 recommendation from the 
        Board. In making the determination, 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 offender 
        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 determination made 
        by the court made under paragraph (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 INFORMATION.

    (a) Fine.--Any person who uses information disclosed 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 temporary injunction, restraining order, or other order against the 
person or group of persons responsible for such action.
    (c) Additional Remedies.--The foregoing remedies shall be 
independent of any other remedies or procedures 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 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 section 170101 of the Violent 
Crime Control and Law Enforcement Act of 1994.
    (b) Youth Facility.--Any person who is discharged or paroled from a 
facility in another State that is equivalent to a Department of the 
Youth Authority to the custody of such a facility because of the 
commission or attempted 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 decision to release relevant and 
necessary information pursuant 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 provided under this section 
applies to the release of relevant information to other employees or 
officials or to the general public.
    (c) Failure To Release Information.--Nothing in this section shall 
be deemed to impose any civil or criminal 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. 8. IDENTITY OF THE VICTIM.

    Any information identifying the victim by name, birth date, 
address, or relation to the registrant shall be excluded 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 procedures 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 resides 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.
    (c) Duties.--In developing a policy pursuant to subsection (a), an 
advisory council should make recommendations that include--
            (1) the method of distributing community notification 
        information;
            (2) methods of educating community residents at public 
        meetings on how they can use such information 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 criminal acts; and
            (4) other matters the council considers necessary 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 department required to coordinate the 
sex offender registration program shall compile and update information 
regarding 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.

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 performance;
                    (F) solicitation of a minor to practice 
                prostitution;
                    (G) any conduct that by its nature is a sexual 
                offense against a minor; and
                    (H) an attempt to commit an offense described 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 purposes 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 perpetrator is 18 years of age or 
        younger.
            (2) The term ``sexually violent offense'' means any 
        criminal offense that consists of aggravated sexual 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 offense that has as its elements engaging in 
        physical contact with another person with intent to commit 
        aggravated sexual abuse or sexual abuse (as described 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 affects the emotional or 
        volitional capacity of the person 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 directed at a 
        stranger, or a person with whom a relationship has been 
        established or promoted for the primary purpose of 
        victimization.
Any offense committed in another State, which if committed in the State 
at issue would be one of the above enumerated 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.
                                 <all>