Cannot Level (CNL)

On the Georgia Sex Offender Registry, offenders can have 5 descriptions that show their SORRB risk determination, or “leveling”:

  • Not Leveled: SORRB has not yet reviewed the individual’s case.
  • Level 1: Level 1 sex offenders have an “average” or lower risk of sexually re-offending.
  • Level 2: Level 2 sex offenders have an “above average” risk of sexually re-offending. They are 2 to 3 times as likely to sexually re-offend as an offender with an average risk.
  • Sexually Dangerous Predator: SDP sex offenders have a “well above average” risk of sexually re-offending. They are 3 to 8 times as likely to sexually re-offend as an offender with an average risk.
  • Cannot Level: SORRB has reviewed the case and it did not meet the legal criteria for risk classification at the time of review. 

"Cannot Level" Definition and Explanation

Cannot Level (CNL) means the individual does not meet the legal criteria (see OCGA § 42-1-14) for SORRB to determine their risk classification level. These criteria include that the individual must have been convicted of a felony sex offense that is either a "Criminal offense against a victim who is a minor" or a "Dangerous sexual offense" (as defined in OCGA § 42-1-12). 

 Also, people who are not required to Register as a Sex Offender in Georgia are not leveled by SORRB. 

For example: The offender has a misdemeanor sex offense and is required by the state of conviction to register. However, Georgia does not require convicted misdemeanor sex offenders to register or to be leveled by SORRB.

Also, if the offender was convicted of a felony sex offense in another state (and does not also have a Georgia sex offense conviction) and, although they lived in Georgia for a while, they had moved out of Georgia at the time their case was review by SORRB, then they are no longer eligible for risk classification. 

Some individuals are required to register as a sex offender because they were convicted of a non-sexual offense against a minor, such as kidnapping (without a sexual component). SORRB also does not level such cases. 

The legal criteria for who SORRB can level has changed in recent years. Some individuals were classified as “CNL” based on the legal criteria at the time when SORRB reviewed their case. Reasons why someone might not have been classified as CNL at the time of review include:

  • The individual’s sex offense was against a minor victim, and they were not convicted or incarcerated on or after 7/1/2006. (This is no longer a restriction but was at the time the case was reviewed)
  • The individual’s sex offense was against an adult victim, and they were not convicted on or after 7/1/2006. (This is no longer a restriction but was at the time the case was reviewed)

Both “Not Leveled” and “Cannot Level” mean the offender’s risk for sexual re-offense has not been determined by SORRB. “Not Leveled” means the SORRB has not yet reviewed the individual’s case; whereas “Cannot Level” means SORRB has reviewed the case and it did not meet the legal criteria for risk classification at the time of review. 

An individual who has been classified as “CNL” (Cannot Level) can obtain a court order for SORRB to determine their risk classification.

Read more: "When is a court order necessary?"