The Jessica Lunsford Act

1. Increase the penalty for lewd and lascivious molestation of a child to life in prison or a split sentence of a mandatory minimum 25-year prison term, followed by lifetime supervision with electronic monitoring.
2. Increase, from 20 to 30 years, the period of time before a sexual predator is allowed to petition to have the sexual predator designation removed.
3. Increase sexual predator/offender registration and reporting requirements.
4. Sexual predators who murder their victims now qualify for the death penalty in capital cases.
5. Designate failing to re-register as a sexual offender/predator or harboring or assisting a sexual predator/offender a third degree felony.
6. Require those already convicted of sex crimes to have electronic monitoring for the remainder of their probation.
7. Require all county misdemeanor probation officials to search the sexual offender registry when a new offender is assigned to them.

Federal Legislation

Sex Offender Registration and Notification Act S. 1086 
New Changes to Current Law: General

Full Integration: Fully integrates Megan’s Law and the “Lychner Amendments” into the Wetterling Act.
Expands Covered Offenses against Children: Adds the “use of the Internet to facilitate or commit a crime against a minor” as one that could trigger registration. Tribal Lands: For the first time, the sex offender registration law will cover “federally recognized tribal lands.”

New Requirements for Sex Offenders

Prior to Release: A sex offender will have to register prior to release from prison or supervised release. Current law requires registration after release. [Dodd bill]
Bi-annual Registration: Sex offenders will have to re-register twice a year (every three months for a sexually violent predator) – not just once. [Dodd bill requires re-registration for all offenders every three months].

Increase of Duration for Periodic Registration: The duration to register for a first-time sex offender increases from 10 years to 20 years and for second offenders and sexually violent offenders for their lifetime.  Shortened Time to Comply: Any change of status requiring a registry update (change of address, employment, etc.) must be made three business days after the change occurs – not 10 days. [Dodd bill is within 2 business days]

Social Security Number: Social Security numbers will now be a required piece of information that sex offenders must supply to the state registries. However, that information will not be released on state sex offender notification websites.  Annual Photographs: The bill adds a mandatory annual update (current law is just once) to the taking of a sex offender’s photograph. The state is required to maintain that information as part of their registry. [Dodd bill]

Tracking Devices: Creates a three-year pilot program to help states and local governments outfit sex offenders with electronic and GPS tracking devices. The program will fund a variety of tracking systems and require the Attorney General to study and report on the efficacy of the various technologies and approaches. New Notification Requirements for those Attending Educational Institutions: Requires an individual to notify police when they enroll or attend (current law is just attend) high schools, vocational/technical institutions or higher education institutions. [Dodd bill]

New State Requirements

Searchable Statewide Sex Offender Registry: Requires states, not local governments, to maintain a multi-field, searchable sex offender registry.  In-Person Registration Requirement: Requires that a sex offender register / update their registry in person at an office designated by the state twice a year.  Tracking of Persons in Prison: Provides funding for law enforcement to purchase programs – like JusticeXchange – to identify individuals currently in jail.

Civil Commitment: Title II (the Dru Sjodin Act) requires state prisons to notify states attorneys whenever “high risk” offenders are about to be released, so that states attorneys can consider petitioning the courts for continued confinement of the offender. The “civil commitment” option is available under the law in many states if an individual is deemed a continuing threat to the public safety. Monitoring of Released Persons: Title II (the Dru Sjodin Act) requires states to monitor “high-risk” offenders who are released after serving their full sentence – and are otherwise not subject to probation or other supervision – for a period of no less than one year.

Missing Child Reporting Requirements: Section 112 (the Prevention and Recovery of Missing Children Act) requires missing child reports to be input within two hours of receipt. Research shows that a two-hour time frame is crucial to the safe recovery of an abducted child. Prohibits law enforcement agencies from removing a missing person entry based on the child turning 18. [Dodd bill]

New Federal Requirements

National Sex Offender Registry: Title II (the Dru Sjodin Act) requires the U.S. Justice Department to create a national sex offender database accessible to the public through the Internet. The public web site would allow users to specify a search radius across state lines.

Immediate Electronic Notification to States of a Sex Offender’s Intent to Relocate: Requires the U.S. Attorney General to send out immediate electronic notification of a sex offender’s intent to move to a new state once the Attorney General is notified by the current domiciliary state of the sex offender’s intent to relocate. Model Sex Offender Registry: Requires the U.S. Attorney General, in consultation with the states, to develop a sex offender registry template that can be used by those states that currently do not have such a registry or have a substandard one.

Strict Liability Crime: Makes failing to register or update registry information as proscribed in the Act a strict liability crime. There is an affirmative defense if failure to update information results from uncontrollable circumstances.  Felony: Makes failing to register or updating registry information a federal felony. [Dodd bill] Taxpayer and Social Security Information: Allows for the release of taxpayer and Social Security information to law enforcement, when necessary, in trying to locate the sex offender or to verify information supplied by the sex offender.

Immigration Provision: Makes failing to provide sex offender registration information a deportable offense. Releasing Numbers of Sex Offenders to the Public: Requires the U.S. Attorney General to poll states every three months to assess the total number of sex offenders in their registry and to release that information to the public.  Study: Requires the U.S. Attorney General to examine ways for law enforcement to do a better job of actively notifying communities when a sex offender moves into their neighborhood.

Compliance

Bonus Payments: Provides bonus payments to states for complying with this Act sooner than its three-year timeline.

Penalties: Provides a 10 percent reduction in Justice Assistance Grants and certain reductions of Sex Offender Management Assistance Program monies for those states that do not comply.

The Children’s Safety Act of 2005
HR 3132 PASSED HOUSE 9/15/2005

Improves Sex Offender Registration and Notification Program to ensure that sex offenders register, and keep current, where they reside, work and attend school (H. R. 2423 – Rep. Foley)

Improves verification systems for sex offender information by requiring monthly verification, sex offender in-person verification every six months, and regular notarized verification mailings (H.R.1505 – Rep. Ginny Brown-Waite) Requires States to have a uniform, public access sex offender registration web site (H. R. 2423 – Rep. Foley)

Creates Dru Sjodin National Sex Offender Public Web site to search for sex offender information in each community (H. R. 95 – Reps.Gillmor and Pomeroy)

Expands sex offenders to include juvenile sex offenders (H. R. 2797 - Rep. Green)

Requires States to notify each other when sex offender moves from one State to another (H. R. 2423 – Rep. Foley)

Expands sex offenses covered by registration and notification requirements to include military, tribal, foreign, sex crimes, and increases duration of registration requirements to protect the public (H. R. 1355 – Rep. Poe)

Expands community notification requirements to include active efforts to inform law enforcement agencies, schools, public housing, social service agencies and volunteer organizations in area where sex offender resides, works or attends school (H. R. 2423- Rep. Foley, and H. R. 1355 – Rep. Poe)

Creates new criminal penalty of mandatory minimum of 5 years to maximum of 20 years for sex offender who fails to comply with registration requirements Expands law enforcement use of DNA to solve sex crimes (H. R. 2796 –Rep. Green)

Prevents and deters violent crimes against children and sexual exploitation of children (H. R. 2318 and H. R. 2388 – Rep. Green)

Protects foster children from sexual abuse and exploitation ( H.R.3129 - Rep. Delay)
Increases criminal penalties against child sexual predators (H. R. ___ - Rep. DeLay, and H. R. 2942, Rep. Graves)

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