Sunday, September 9, 2007

H.R. 4472 — Adam Walsh Child Protection and Safety Act of 2006

View the PDF here | View the Bill Text here

I just saw an interview on CNN with John Walsh and he said this bill is not about young offenders (15 &17 year olds). Well, that is a lie! Ohio is now placing ALL offenders on the registry, young and old to COMPLY with this bill. So you see, he's lying. He also mentioned a study done by Emory in Atlanta about pedophiles committing over 36,000 crimes, yet I cannot find this "study", so once again, it appears he is lying through his teeth. Check here.

Below is text from the PDF document and my notes below. Notice in the text below, and in the bill text link above, no where does it say "Romeo & Juliet" cases or young offenders will not be on the registries. It says "SEX OFFENDERS" which means ALL sex offenders.

Also, this bill is always saying "he" for sex offender. Women commit these crimes as well, so the bill should be non-gender specific. This is probably why women, when convicted, get a major slap on the wrist. Just look at most of the teachers being convicted of these crimes.


BACKGROUND

This legislation was proposed as a comprehensive effort to counter the pervasive problem of violent and sexual crimes against children. Recently, public attention has been focused on several tragic attacks in which young children have been murdered, kidnapped, and sexually assaulted by sex offenders and career criminals. The Act recognizes, by name, some of those children, as their stories helped provide the impetus for this powerful legislation. Among those children recognized in the bill are: Jacob Wetterling, an 11-year-old boy who was abducted at gunpoint while riding his bike with friends and never seen again; Megan Nicole Kanka, a 7-year old girl who was sexually assaulted and murdered by her neighbor, a twice-convicted sex offender; Jessica Lunsford, a 9-year-old girl who was abducted, raped, and killed by a convicted sex offender; Jetseta Gage, a 10-year-old girl who was abducted and murdered by a registered sex offender; and Dylan and Shasta Groene—9 and 8 years old, respectively—who were kidnapped from their bedroom and sexually molested by a convicted sex offender on release from a pending molestation criminal case (Dylan Groene was murdered). The bill is named for Adam Walsh, a 6-year-old Florida boy who, in 1981, was abducted from a mall during a shopping trip with his mother and later found murdered.

These widely publicized, tragic examples serve only as a small sampling of the epidemic of sexual exploitation and violence against children. Statistics show that 1 in 5 girls and 1 in 10 boys are sexually exploited before they reach adulthood, yet less than 35 percent of these assaults are reported to authorities. Additionally, data from 12 states during the period of 1991 to 1996 show that 67 percent of all victims of sexual assault were juveniles, and 34 percent were under the age of 12. One of every seven victims of sexual assault was under the age of 6.
- And "epidemic" is something that is affecting a large number of people. This is misleading as well. These cases with children being killed account for about 10% or less of all known sex crimes, so I would not call that an epidemic. Children being killed, and stranger danger is RARE!

Recidivism rates for sex offenders often exceed those of other criminals. The
Department of Justice has found that released child molesters were more likely to be rearrested for a sex crime than released non-sex offenders. Released sex offenders were four times more likely to be rearrested for a sex crime than released non-sex offenders.
- This "more likely" is a lie. If you look at the Bureau of Justice, they show otherwise. Below is the statistics from the link above. The comments above are not in full context, so they are misleading.

NOTE: These statistics are for ALL crimes, not just recidivism of another sex crime but ANY crime, so they are skewed. If it were just sex crimes, they'd be even lower.

Recidivism
  • Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.
  • The 272,111 offenders discharged in 1994 accounted for nearly 4,877,000 arrest charges over their recorded careers.
  • Within 3 years of release, 2.5% of released rapists were rearrested for another rape, and 1.2% of those who had served time for homicide were arrested for a new homicide.
  • Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders.
  • Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison –– 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.

Sex offenders

  • On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community.
  • The median age of the victims of imprisoned sexual assaulters was less than 13 years old; the median age of rape victims was about 22 years.
  • An estimated 24% of those serving time for rape and 19% of those serving time for sexual assault had been on probation or parole at the time of the offense for which they were in State prison in 1991.
  • Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
  • Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge.

Child victimizers
  • Approximately 4,300 child molesters were released from prisons in 15 States in 1994. An estimated 3.3% of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison.
  • Among child molesters released from prison in 1994, 60% had been in prison for molesting a child 13 years old or younger.
  • Offenders who had victimized a child were on average 5 years older than the violent offenders who had committed their crimes against adults. Nearly 25% of child victimizers were age 40 or older, but about 10% of the inmates with adult victims fell in that age range.

Currently, there are more than 550,000 registered sex offenders in the United States and at least 100,000 are missing from the system. While all 50 states have sex offender registries, the information contained in those registries is not always shared. A national registry will give law enforcement at all levels access to information that will allow them to more effectively track sex offenders.
- And the number of missing is increasing due to the draconian nature of these laws. These very laws make it impossible to keep a job, find a new job, keep a home, find a new home, offenders become homeless, forced to continually move due to the "buffer zones" and tons of other stuff. So this number will continue to increase, because people with nothing to lose, what do you expect? They take their chances so they can have somewhat a normal life, for some time anyway. So who is this protecting? It's putting MORE people in danger.

In the state of Georgia, there is just over 14,000 sex offenders, and when you download their CSV of all the offender data, and filter the predators, there is a total of 30 predators. So these laws are wasting valuable time and money going after all 14,000 offenders, when 30 are the dangerous ones who should be monitored.


BILL PROVISIONS

Title I: Sex Offender Registration and Notification Act
Title I establishes the National Sex Offender Registry. The national registry will include the following information for each sex offender: name, address, employment, vehicle identification information, fingerprints, a DNA sample, complete criminal history, a recent photo, in addition to other information. The public will not have access to the detailed National Sex Offender Registry; instead, a national public website will be available that will include relevant information about sex offenders. The public website will permit retrieval of information by a single query for any given zip code or geographic radius. In addition to a central national public website, each individual jurisdiction is required to establish its own Internet registry, which shall be accessible to the public.
- Notice the above says "for each sex offender?" It doesn't say "Romeo & Juliet" or young offenders are excluded, it says "sex offender" which means ANYBODY with the label.

The Act mandates that a sex offender shall register and keep the registration current in each jurisdiction where he resides, is an employee, and is a student. Initial registration shall be completed in the jurisdiction of conviction, and any subsequent in-person update shall be completed in the offender’s jurisdiction of residence.

Under the Act, sex offenders are required to register prior to their release from prison, or within three days of being sentenced if there is no term of imprisonment. Thereafter, sex offenders must verify their information in person at regular intervals, depending on the severity of the sex offense they committed. This severity is determined by the sex offender’s placement in a three-tier system. The least serious offenders are placed in Tier I, are required to appear in person once a year, and remain on the registry for 15 years. Tier II offenders must appear in person every six months and remain on the registry for 25 years. The most serious offenders, placed in Tier III, remain on the registry for life and are required to appear in person every three months to verify their information. Pursuant to this Act, any sex offender who knowingly fails to register or update his information faces up to ten years in prison. If an unregistered sex offender commits a crime of violence, he will receive a five-year mandatory prison sentence, in addition to any other sentence imposed.

The Act requires the Department of Justice to create and distribute software to jurisdictions to establish and operate uniform registries and Internet sites. The software will allow for immediate information-sharing among jurisdictions, Internet access by the public, and communication to certain community notification participants who choose to opt-in to receiving notice.

Title II: Federal Criminal Law Enhancements Needed to Protect Children
from Sexual Attacks and Other Violent Crimes

The Act creates a number of increased penalties for federal sex offenses and violent crimes against children. Offenses for which penalties are increased include: sexual abuse, child sex-trafficking, and coercion or enticement to engage in criminal sexual activity or cause child prostitution. Additionally, the Act creates new penalties for the sale of date-rape drugs via the Internet. Increased penalties for existing offenses include: 30 years to life—and in some cases death—for the murder of a child, a 30-year mandatory minimum for raping a child, and a 10-year mandatory minimum for child sex trafficking or prostitution. Title II also suspends the statute of limitations for all federal felony offenses of sexual abuse, sex trafficking, or child pornography.

The Act also extends several of the guarantees of the 2004 Crime Victims’ Rights Act (CVRA) to federal habeas corpus review of state criminal convictions. Because such cases involve federal courts (but state prosecutors), this extension is limited to those provisions of CVRA that are enforced by a court (Congress cannot compel state prosecutors to enforce a federal statute). The victims’ rights extended by this Act to federal habeas proceedings are: the right to be present at proceedings; the right to be heard at proceedings involving release, plea, sentencing, or parole; the right to proceedings free from unreasonable delay; and the right to be treated with fairness and with respect for the victim’s dignity and privacy.

Title III: Civil Commitment of Dangerous Sex Offenders
The Act provides for civil commitment (defined in the bill, and involves secure civil confinement with appropriate care and treatment) procedures for sex offenders who, while incarcerated, show that they cannot conform their behavior once released. This title authorizes grants to states to operate civil commitment programs for sexually dangerous persons. Additionally, it authorizes civil commitment of certain sex offenders who are dangerous to others due to serious mental illness, abnormality, or disorder.

Title IV: Immigration Law Reforms to Prevent Sex Offenders from Abusing
Children

This title provides that any alien convicted of the federal crime of failing to register as a sex offender is deportable. Additionally, the Act provides that a citizen convicted of a specified offense against a minor is not eligible to petition for a family-based visa. That bar, however, may be waived if the Secretary of Homeland Security determines that the citizen poses no risk to the alien with respect to whom the petition is filed.

Title V: Child Pornography Prevention
This title strengthens existing pornography record-keeping and labeling requirements for persons who produce materials containing simulated sexual conduct. the purpose of these provisions is to ensure universal age verification and record-keeping in order to protect children and teenagers from being exploited by pornographers. Under the Act, these records may be inspected on demand by the Department of Justice.

Title VI: Grants, Studies, and Programs for Children and Community Safety
The Act provides for a number of pilot programs, grants, and studies to address child and community safety issues. Such programs include: a pilot program for the electronic monitoring of sex offenders; funding for Big Brothers and Big Sisters; and grants to allow parents to obtain fingerprint records for their children.

The Act also instructs the Department of Health and Human Services to create a national registry of persons who have been found to have abused or neglected a child. The information will be gathered from state databases of child abuse or neglect. It will be made available to state child-protective-services and law-enforcement agencies “for purposes of carrying out their responsibilities under the law to protect children from abuse and neglect.” The national database will allow states to track the past history of parents and guardians who are suspected of abusing their children. When child-abusing parents come to the attention of authorities (for example, when teachers begin to ask about bruises), these parents often will move to a different jurisdiction. A national database will give the state to which these parents move the ability to know the parents’ history. It will let a child-protective-services worker know, for example, whether he should prioritize investigation of a particular case because the parent has been found to have committed substantiated cases of abuse in the past in other states. Such a database also will allow a state that is evaluating a prospective foster parent or adoptive parent to learn about past incidents of child abuse that the person has committed in other states.
- Why isn't this child abuse registry available to the public? So people who hire baby sitters can make sure they are not an abusive person?

Title VII: Internet Safety Act
This title creates new penalties for child-exploitation enterprises—defined as a violation of at least one in a list of enumerated sex crimes against children as part of a series of felony violations constituting three or more separate incidents and more than one victim, and committed in concert with three or more other persons—providing a mandatory-minimum of 20 years imprisonment for that offense. The title also adds a mandatory 10-year enhancement for registered sex offenders who commit one in a list of federal felonies involving a minor. Additionally, this title creates a new crime for embedding words or digital images into the source code of a website with the intent to deceive a person into viewing obscenity.

The Internet safety provisions also enhance federal prosecution resources needed for the investigation and prosecution of child sex offenses. Those enhancements include funding the hiring of at least 200 additional Assistant United States Attorneys, the addition of at least 10 Internet Crimes Against Children (ICAC) Task Forces, and the addition of 45 forensic examiners within the Regional Computer Forensic Laboratories and Cyber Crimes Center. Additionally, the Internet Safety provisions expand the civil remedy available to children who have been sexually abused or exploited.



2 comments :

Dreams Can Happen said...

Zman, I also saw that and the other day on Fox News he was telling O'Reilly that it was meant to be for "TIER 1 THE WORST SEX OFFENDER" He does not even know what the hell he is talking about. He has lied so much that he is now getting caught up in the liars syndrome. Put this dog back on his leash.

ZMan! said...

You can also go here to see other Myths & Facts and recidivism on a state by state level.

http://sexoffenderissues.blogspot.com/2007/04/facts-myths.html