Judge Barbara Kahn
Woods, accused of rape, among other things, was the subject of a Risk Level Assessment hearing to determine his appropriate level of community notification as a convicted sex offender. Risk Assessment Instruments (RAI) assigned Woods a score of 85 requiring a presumptive Level Two designation. Prosecutors sought an upward modification, while Woods sought a downward modification. Woods argued departure was warranted as the victim was almost at the age of consent and the sexual acts were consensual. Prosecutors alleged Woods suffered from mental illnesses and had a history of non-compliance with prescribed medications. The court stated absent from the prosecutions' presentation was a causal nexus between Woods' mental illness and his committing sexual offenses. It also found Woods failed to establish the threshold requirement for his application for a downward modification or a mitigating factor which would establish a lower likelihood of re-offense. The court stated the fact Woods and the victim engaged in consensual acts was adequately taken into account on the RAI. Thus, it denied both the prosecutions' motion, and Woods', for modifications, designating him a Level Two sex offender.
