H.Con.Res.196 - Expressing the sense of the Congress that each State should enact legislation regarding notification procedures necessary when a sexually violent offender is released.104th Congress (1995-1996)
Summary: H.Con.Res.196 — 104th Congress (1995-1996)
Introduced in House (07/10/1996)
Requires each State to establish an Advisory Board for Risk Assessment which shall comply with the requirements and guidelines regarding notification and release of sexually violent offenders established for a State board under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act and under this Act.
Directs: (1) the Chief Executive Officer of each State (CEO) to develop guidelines and procedures for use by the Board to assess the risk of a repeat offense by such an offender and the threat posed to the public safety; and (2) any State or local correctional facility, hospital, or institution to forward relevant information pertaining to a sex offender to be discharged, paroled, or released to the Board for review prior to the release (and provides for the confidentiality of records so provided, with exceptions).
Requires the Board: (1) prior to the discharge, to make a confidential recommendation to the sentencing court as to whether such offender warrants the designation of sexually violent predator; and (2) to use the guidelines established to recommend to the sentencing court one of three levels of notification.
Directs the sentencing court to: (1) make a determination of whether an offender is a sex offender or a sexually violent predator before the release of such offender; (2) make a determination regarding the level of notification after receiving a tier recommendation from the Board; and (3) upon the reversal of a conviction of a sexual offense, order the expungement of any records required to be kept pursuant to this Act.
Sets forth provisions regarding: (1) petitions for relief from the duty to register; (2) penalties for misuse of registration information; (3) juvenile offenders; (4) official immunity from liability; and (5) exclusion of the victim's identity from public access or dissemination.
Requires: (1) each CEO to establish reasonable notification requirements; and (2) the department required to coordinate the sex offender registration program to compile and update offender information.