1. (a) After completing the assessment process, each offender will be assigned one (1) of the following community notification levels.

   1. (1) Level 1.

      1. (A) Typically, offenders in this category have no prior history of sexual offending and the community can be protected:

2. (i) With notification inside the home; and

   1. (ii) To local law enforcement authorities.

      1. (B) Level 1 would not generally be appropriate with:

         1. (i) Prepubescent victim or victims;
         2. (ii) Predatory behavior;
         3. (iii) Sexual interest in children;
         4. (iv) A history of working with children or around children if the victim was a child; and
         5. (v) Allegations of force or threats of physical harm were used in the offense.

   2. (2) Level 2.

      1. (A) Typically, offenders in this category have a history of sexual offending where notification inside the home is insufficient.

      2. (B) Community notification requires notice to:

         1. (i) The offenders’ known victim preference; and
         2. (ii) Those likely to come into contact with the offender.

   3. (3) Level 3.

      1. (A) Typically, offenders in this category have a history of repeat sexual offending, and/or strong antisocial, violent, or predatory personality characteristics.
      2. (B) These are individuals whose offense and criminal history require notification throughout the community.

3. (b) Default Level 3. Offenders who appear for the assessment under the influence of alcohol, illegal drugs, or who fail to timely disclose the use of medications, individuals who fail to appear for any phase of the assessment, individuals who are aggressive, threatening, or disruptive to the point that SOCNA staff cannot proceed with the assessment process, and individuals who voluntarily terminate the assessment process having been advised of the potential consequences will be:

   1. (1) Classified as being a Level 3; or

   2. (2) Referred to the Sex Offender Assessment Committee for Sexually Dangerous Person status.

      1. (c) Level 4.

   3. (1) Sexually Dangerous Person refers to a person who:

      1. (A) Has been adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense; and
      2. (B) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sex offenses.
   4. (2) The designation indicates that the highest and most visible means of community notification is required.

Codification Notes: “SOCNA” means Sex Offender Community Notification Assessment.