SECTION 1. TITLE
This Act shall be known as the Evidence-Based Sex Offense Classification and Community Safety Act (ESCCSA).
SECTION 2. FINDINGS AND PURPOSE
(a) Legislative Findings:
- Scientific research shows that not all sex offenses carry equal recidivism risks.
- The majority of individuals convicted of sexual offenses do not reoffend, especially when risk-based treatment is provided.
- Broad, lifetime public registration fails to enhance safety and wastes resources.
- Juvenile offenders and low-risk adults require different approaches from violent serial predators.
(b) Purpose:
This Act establishes a tiered system for sex offense classification based on scientifically validated risk assessments, enabling more effective public protection, rehabilitation, and use of resources.
SECTION 3. TIER CLASSIFICATION SYSTEM
Tier 1 – Low Risk / Non-violent First-Time Offenses
- Examples:
- Consensual sexual activity between minors with small age gap (Romeo-Juliet cases)
- First-time indecent exposure
- Registry Duration: 10 years
- Access: Law enforcement only
- Petition for Early Removal: After 5 years, with no reoffense and treatment compliance
Tier 2 – Moderate Risk / Non-violent Repeat or Exploitation Offenses
- Examples:
- Non-contact exploitation (e.g., possession of child sexual abuse material)
- Online solicitation without meeting the victim
- Multiple low-severity offenses
- Registry Duration: 20 years
- Access: Community notification at local level
- Petition for Removal: After 10 years, with evaluation and compliance
Tier 3 – High Risk / Violent or Contact Offenses
- Examples:
- Forcible rape
- Sexual abuse of minors
- Violent predatory behavior or serial offenses
- Registry Duration: Lifetime (reviewable after 25 years)
- Access: Full public website and law enforcement notification
- Petition for Review: After 25 years, upon demonstrated rehabilitation
SECTION 4. RISK ASSESSMENT PROTOCOLS
- All individuals are assessed using validated tools, such as:
- Static-99R
- Stable-2007
- Juvenile Sex Offender Assessment Protocol-II (J-SOAP-II) for youth
- Assessment must be conducted by certified, independent forensic evaluators
- Results determine eligibility for tier assignment, treatment path, and removal
SECTION 5. JUVENILE OFFENDERS
- Juvenile offenders are not automatically registered
- Court may order registration only for violent or high-risk cases
- Mandates individualized assessment and access to youth rehabilitation
- Automatic expungement upon completion of treatment and reaching age 21 if no reoffense
SECTION 6. COMMUNITY NOTIFICATION AND PRIVACY
- Public notification limited to Tier 3 only
- Tier 1 and Tier 2 offenders are monitored by law enforcement but are not publicly listed
- Prevents community harassment, vigilantism, or housing/job discrimination based on low-risk registration
SECTION 7. RESIDENCY & OCCUPATIONAL RESTRICTIONS
- No blanket 1,000- or 2,000-foot bans
- Residency restrictions only apply to Tier 3 offenders if the offense involved child victims
- Employment restrictions tied to risk level and supervision context – not based on offense label alone
SECTION 8. TREATMENT, REHABILITATION & REENTRY
- Mandatory access to:
- Cognitive Behavioral Therapy (CBT)
- Polygraph-informed treatment (when appropriate)
- Family reunification programs
- Employment and housing support
- Progress reports sent to supervising officers and courts
SECTION 9. REGISTRY REMOVAL PETITION PROCESS
- Any registrant may petition for removal based on:
- Years offense-free in the community
- Successful completion of treatment
- Favorable forensic psychological evaluation
- A 3-member independent review board (psychologist, victim advocate, legal officer) determines eligibility
SECTION 10. DATA COLLECTION AND PUBLIC REPORTING
- State Justice Department will publish annual transparency reports showing:
- Recidivism rates by tier
- Successful treatment completions
- Registry impact on reoffense prevention
- Use findings to adjust policies based on data, not politics
SECTION 11. SEVERABILITY AND IMPLEMENTATION
- If any provision is found unconstitutional, remaining sections shall remain in effect
- All current registrants will be re-evaluated under the new system within 2 years of enactment
SUMMARY: What This Law Does
Focuses on science, not stigma
Distinguishes between predators and poor judgment
Increases safety through smart resource allocation
Prevents permanent branding of low-risk individuals
Creates a pathway for rehabilitation while still protecting victims and communities