It is enacted by the General Assembly as follows:

SECTION 1. Section 11-37.1-12 of the General Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" is hereby amended to read as follows:

11-37.1-12. Rules and regulations for community notification -- Establishment of advisory council -- (A) A notification advisory council is hereby established to consult with and provide recommendations to the attorney general concerning the guidelines to be promulgated pursuant to this chapter. The council shall consist of twelve (12) persons who, 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. The members of the council shall be appointed in the following manner: one (1) person shall be appointed by the attorney general, three (3) shall be appointed by the governor, of whom no more than two (2) shall be the same political party; four (4) shall be appointed by the senate majority leader of whom no more than two (2) shall be the same political party; and four (4) shall be appointed by the speaker of the house of representatives of whom no more than three (3) shall be of the same political party. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments.

(B) After consultation with members of the advisory council established pursuant to this section and within six (6) months of the appointment of such members, the attorney general shall promulgate guidelines and procedures for notification required pursuant to the provisions of this section.

(C) The guidelines shall identify factors relevant to risk of re-offense and shall provide for three (3) levels of notification depending upon the degree of the risk of re-offense.

(1) Factors relevant to risk of re-offense shall include, but not be limited to, the following:

(a) Conditions of release that minimize risk of re-offense, including but not limited to whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision;

(b) Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness;

(c) Criminal history factors indicative of high risk of re-offense, including;

(i) Whether the offender's conduct is characterized by repetitive and compulsive behavior;

(ii) Whether the offender served the maximum term;

(iii) Whether the offender committed the sex offense against a child.

(d) Other criminal history factors to be considered in determining risk, including:

(i) The relationship between the offender and the victim;

(ii) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury;

(iii) The number, date and nature of prior offenses.

(e) Whether or not psychological or psychiatric profiles indicate a risk of recidivism;

(f) The offender's response to treatment;

(g) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and,

(h) Recent threats against persons or expressions of intent to commit additional crimes.

(2) The regulations shall provide for three (3) levels of notification depending upon the risk of re-offense by the offender as follows:

(a) If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified;

(b) If risk of reoffense is moderate, organizations in the community including schools, religious and youth organizations likely to encounter the person registered shall be notified in accordance with the attorney general's guidelines, in addition to the notice required by paragraph (1) of this subsection, provided, however that such notice shall be provided only to those schools or organizations which are actually in charge of, or in control of women or children and which are likely to encounter the person registered;

(c) If risk of reoffense is high, the members of the public likely to encounter the person registered shall be notified through means in accordance with the attorney general's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by paragraphs (1) and (2) of this subsection.

(3) In order to promote uniform application of notification guidelines required by this section, the parole board and the chief law enforcement officer of the city or town in which the convicted offender will reside shall develop procedures for evaluation of the risk of re-offense and implementation of community notification.

(4) The parole board shall assess the risk of re-offense of each offender referred to them for community notification and shall designate the appropriate level of community notification based on the offender's risk of re-offense, in accordance with the provisions of this section and section 11-37.1-13. The parole board is hereby authorized to utilize the Rhode Island State Police web site for the public release of identifying information of tier three sexual predators who have been convicted, incarcerated and released and who the parole board finds are likely to travel out of state, provided that no identifying information of a juvenile shall be listed on the web site.

(5) Notwithstanding any other provision of law, the parole board shall have access to all relevant records and information in the possession of any state official or agency having a duty under section 11-37.1-5(A)(1) through (6), relating to juvenile and adult offenders under review by the parole board, including but not limited to police reports; prosecutors statements of probable cause, pre-sentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the parole board under this subsection shall remain confidential, provided that the parole board may disclose such records and information to the board of review, the sentencing court, and/or law enforcement agencies in accordance with the provisions of section 11-37.1-1 et seq.

(D) The attorney general and the council shall conduct a comprehensive review of the guidelines to determine whether any changes or revisions should be promulgated. Upon completion of that review and the submission of any recommendations thereon, the council shall expire.

SECTION 2. This act shall take effect upon passage.