- (a) If after treatment (behavioral, anti-androgen, or other), the offender is able to show evidence that the treatment has significantly enhanced the offender’s impulse control ability and decreased the predisposition to re-offend, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments, unless the offender has been classified at Level 4, Sexually Dangerous Person.
- (b) If there is evidence to show that the offense was a temporary aberration unlikely to recur, or the nature and pattern of the offense is such that it poses less of a risk to the community at large, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.
- (c) If the offender’s current risk assessment data is at such variance with aspects of the official record (e.g., the alleged victim recanted, or the spouse or other witness admitted that the allegations were fabricated out of spite), the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.
- (d) If the official documentation of the sex offense indicates that it was a statutory offense, without evidence of violence, coercion, or a deviant attraction, and if there is not a pattern of illegal sexual behavior, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.