[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4815 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Safe NOW Act of 
2006''.
    (b) Purpose.--The purpose of this Act is to establish a National 
Sex Offender Risk Classification Task Force to create guidelines for 
the establishment of a risk-based sex offender classification system 
that will--
            (1) classify sex offenders based on the threat of danger 
        each sex offender poses to the public; and
            (2) allow law enforcement agencies and the public to 
        identify the most dangerous sex offenders listed in sex 
        offender registries by using the classification system.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Sex offender registry.--The term ``sex offender 
        registry'' means a registry of sex offenders, and a 
        notification program, maintained by a jurisdiction.
            (2) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) Any Federally recognized Indian tribe.

SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE.

    (a) Task Force Established.--There is established, under the 
general authority of the Attorney General, the National Sex Offender 
Risk Classification Task Force (referred to in this Act as the ``Task 
Force'').
    (b) Duties.--
            (1) In general.--The Task Force shall--
                    (A) create preliminary guidelines for the 
                establishment of a risk-based sex offender 
                classification system;
                    (B) administer the demonstration program under 
                section 4; and
                    (C) create final guidelines for the establishment 
                of a risk-based sex offender classification system that 
                shall be made available to jurisdictions for use in 
                accordance with section 7, and that shall be created 
                using the information gathered through--
                            (i) the demonstration program under section 
                        4; and
                            (ii) the activities of the working groups 
                        under paragraph (3).
            (2) Creation of guidelines.--In creating the guidelines 
        required under this subsection, the Task Force shall consider--
                    (A) empirically-based assessment tools available to 
                assess the dangers posed by sex offenders;
                    (B) the methods used to classify sex offenders for 
                the purposes of sex offender registries in use by 
                Federal, State, and local law enforcement agencies as 
                of the date of enactment of this Act, and how those 
                methods differ from a risk-based sex offender 
                classification system;
                    (C) means by which information regarding the risk-
                based classification of sex offenders may be 
                comprehensively and consistently disseminated to 
                Federal, State, and local law enforcement agencies and 
                the public;
                    (D) opportunities available to sex offenders 
                (especially those who are not under court supervision) 
                to change their risk-based classification, including 
                voluntary participation in sex offender treatment and 
                monitoring programs; and
                    (E) any negative consequences that have resulted 
                from Megan's Law (Public Law 104-145; 110 Stat. 1345), 
                and steps that might be taken to reduce such negative 
                consequences.
            (3) Working groups.--The Chair shall designate 5 working 
        groups within the Task Force, each of which shall conduct one 
        of the following activities:
                    (A) Survey the methods of risk classification used 
                by each jurisdiction, as of the date of enactment of 
                this Act, and identify changes to such methods that 
                jurisdictions could implement to improve the 
                efficiency, accuracy, and consistency of sex offender 
                registries.
                    (B) Research and analyze the effectiveness of the 
                most recently developed tools available (as of the date 
                of enactment of this Act) to assess the dangers posed 
                by sex offenders and to classify sex offenders based on 
                risk.
                    (C) Identify the strengths and weaknesses of 
                Federal, State, and local sex offender registration and 
                notification procedures in use as of the day before the 
                date of enactment of this Act, and propose methods to 
                improve any such weaknesses.
                    (D) Analyze Federal, State, and local law 
                enforcement agency procedures for community 
                notification regarding sex offenders (as of the date of 
                enactment of this Act), and determine the most 
                appropriate procedures to notify communities regarding 
                sex offenders of varying risk-based classifications.
                    (E) Develop a resource guide that Federal, State, 
                and local law enforcement agencies may use to educate 
                the public about the prevention of sex offenses, the 
                dangers posed by sex offenders, the systems used to 
                classify sex offenders, and the access and use of sex 
                offender registries.
    (c) Membership.--
            (1) In general.--The Task Force shall consist of 20 
        members, who shall be appointed by the Attorney General within 
        45 days after the date of enactment of this Act, and who shall 
        include--
                    (A) the Chair;
                    (B) one representative from each of the following:
                            (i) the Safe NOW Project;
                            (ii) the National Association to PROTECT 
                        Children;
                            (iii) Parents For Megan's Law, Inc.;
                            (iv) the Association for the Treatment of 
                        Sexual Abusers;
                            (v) the National Sheriffs' Association;
                            (vi) the National Association of Police 
                        Organizations;
                            (vii) the American Probation and Parole 
                        Association;
                            (viii) the American Psychological 
                        Association;
                            (ix) the National Association of Criminal 
                        Defense Lawyers;
                            (x) the Washington State Institute for 
                        Public Policy;
                            (xi) the National Center for Missing and 
                        Exploited Children;
                            (xii) the Office for Victims of Crime;
                            (xiii) the Center for Sex Offender 
                        Management;
                            (xiv) the National Law Enforcement and 
                        Corrections Technology Center;
                            (xv) the Federal Bureau of Investigation; 
                        and
                            (xvi) the Center for Disease Control and 
                        Prevention; and
                    (C) three representatives of the academic community 
                who specialize in risk assessment of sex offenders.
            (2) Selection criteria.--The Attorney General shall appoint 
        to the Task Force a Chair and a diverse group of members who 
        are knowledgeable in the fields of sex offender management, 
        community education, risk assessment of sex offenders, and sex 
        offender victim issues.
            (3) Terms; vacancies.--The term of office for members shall 
        be for the life of the Task Force. A vacancy in the Task Force 
        shall not affect the powers of the Task Force, and shall be 
        filled in the same manner in which the original appointment was 
        made.
            (4) Compensation.--
                    (A) Except as provided in subparagraph (B), the 
                Chair and members of the Task Force shall be paid at 
                the rate of $500 per day for each day, including travel 
                time, during which he or she is engaged in the actual 
                performance of duties vested in the Task Force.
                    (B) A member of the Task Force who is a full-time 
                officer or employee of the United States or a Member of 
                Congress shall receive no additional pay, allowances, 
                or benefits by reason of his or her service to the Task 
                Force.
                    (C) All members of the Task Force shall be 
                reimbursed for travel, subsistence, and other necessary 
                expenses incurred by them in the performance of their 
                duties to the extent authorized by chapter 57 of title 
                5, United States Code.
    (d) Meetings.--
            (1) Frequency.--The Task Force shall meet not less than 4 
        times per year, at the call of the Chair. The Attorney General 
        shall call the first meeting of the Task Force within 90 days 
        after the date of the enactment of this Act, or within 30 days 
        after the date on which legislation is enacted making 
        appropriations to carry out this Act, whichever date is later.
            (2) Record.--The Task Force shall maintain records of an 
        active roster of membership, meeting minutes, and any other 
        information the Chair may require.
            (3) Public meetings; notice.--Task Force meetings shall be 
        open to the public, except as determined otherwise by the Chair 
        (or other official to whom the authority has been delegated by 
        the Chair). Notice of all meetings shall be published in the 
        Federal Register not later than 30 days before the date of such 
        meeting.
            (4) Closed meetings.--No later than 7 days after any Task 
        Force meeting (or a portion of such a meeting) is closed to the 
        public, a report shall be prepared for the Attorney General by 
        a designated member the Task Force who was present for the 
        entirety of such meeting, which shall contain, at a minimum, a 
        list of individuals present and the activities conducted at 
        such closed meeting.

SEC. 4. DEMONSTRATION PROGRAM.

    (a) In General.--The Task Force is authorized to carry out a 
demonstration program under which the Task Force shall award one grant 
to each of 5 selected jurisdictions to carry out the activities under 
subsection (b).
    (b) Program Activities.--A selected jurisdiction shall use a grant 
awarded under subsection (a) to--
            (1) use the preliminary guidelines created by the Task 
        Force under section 3(b) to implement a risk-based sex offender 
        classification system to classify sex offenders registered in 
        the jurisdiction's sex offender registry;
            (2) demonstrate the extent to which such preliminary 
        guidelines provide for the successful implementation of an 
        effective risk-based sex offender classification system; and
            (3) identify ways such preliminary guidelines may be 
        improved to provide better guidance for the successful 
        implementation of an effective risk-based sex offender 
        classification system.
    (c) Applications.--A jurisdiction desiring to participate in the 
demonstration program shall submit an application to the Task Force at 
such time, in such manner, and containing such information as the Task 
Force may require.
    (d) Selection of Jurisdictions.--
            (1) Not later than 9 months after the date of the first 
        meeting of the Task Force, the Task Force shall select 5 
        jurisdictions to participate in the demonstration program from 
        the applications received under subsection (c).
            (2) The Task Force shall develop criteria to select 
        jurisdictions to participate in the demonstration program. In 
        developing such criteria and selecting jurisdictions, the Task 
        Force shall consider--
                    (A) the importance of the participation of 
                demographically and geographically diverse 
                jurisdictions in the demonstration program; and
                    (B) the willingness and ability of jurisdictions 
                to--
                            (i) collaborate with officials in such 
                        jurisdiction responsible for the management of 
                        sex offenders;
                            (ii) report to the Task Force on the 
                        effectiveness of the preliminary guidelines 
                        created under section 3(b);
                            (iii) provide recommendations to the Task 
                        Force regarding the improvement of such 
                        preliminary guidelines and the creation of 
                        final guidelines; and
                            (iv) provide information about their 
                        participation in the demonstration program to 
                        other jurisdictions implementing a risk-based 
                        sex offender classification system.
    (e) Duration.--A grant awarded under this subsection shall be for 
the one-year period beginning on the date one year after the date of 
the first meeting of the Task Force, and shall not be renewable.
    (f) Assistance and Review.--The Task Force shall provide technical 
assistance as necessary to the jurisdictions selected to participate in 
the demonstration program, and shall document the demonstration program 
experience of each selected jurisdiction in the final report required 
under section 5.

SEC. 5. REPORTS.

    (a) The Task Force shall provide to the Attorney General and to the 
relevant committees of Congress--
            (1) not later than one year after the date of the first 
        meeting of the Task Force, an initial report containing--
                    (A) preliminary guidelines for the establishment of 
                a risk-based sex offender classification system to be 
                used for the demonstration program under section 3;
                    (B) a list of the jurisdictions selected to 
                participate in such demonstration program; and
                    (C) a summary of the activities conducted by, and 
                the findings of, each working group under section 
                3(b)(3); and
            (2) not later than 6 months after the date of the 
        expiration of the demonstration program grants made under 
        section 4, a final report containing--
                    (A) final guidelines for the establishment of a 
                risk-based sex offender classification system, as 
                required under section 3(b); and
                    (B) a summary of the information gathered through 
                the demonstration program under section 4, including 
                any information provided by the jurisdictions that 
                participated in such program that was considered by the 
                Task Force in the creation of the final guidelines 
                under subparagraph (A).

SEC. 6. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 90 days after the final report under 
section 5 is provided to the Attorney General and the relevant 
committees of Congress.

SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES.

    It is the sense of Congress that each jurisdiction should use the 
final guidelines created by the Task Force under this Act to implement 
a risk-based sex offender classification system to classify sex 
offenders registered in such jurisdiction's sex offender registry.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act (except for section 4), $1,000,000 for each of fiscal 
years 2007, 2008, and 2009.
    (b) Demonstration Program.--There are authorized to be appropriated 
such sums as may be necessary to carry out the demonstration program 
under section 4.
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