We, the undersigned, urge our respective elected officials to support the Childrens Safety and Violent Crime Act of 2005 and the Sex Offender Registration and Notification Act. These combined acts are commonly known as the Jessica Lunsford Act.
The Childrens Safety and Violent Crimes Act will require the following:
Improve the Sex Offender Registration and Notification Program to ensure that sex offenders register and keep current where they reside, work and attend school Require quarterly verification, in-person verification and regular notarized verification mailings Require public access to state websites Create the Dru Sjodin National Sex Offender Public Website to search for sex offender information in each community Expand terms to include juvenile sex offenders Require states to notify one another when a sex offender moves from one state to another Expand sex offenses covered by registration and notification requirements to include military, tribal, foreign and sex crimes and increase the duration of registration requirements to protect the public Expand community notification requirements to include active efforts to inform law enforcement agencies, schools, public housing, social service agencies and volunteer organizations in areas where sex offenders reside, work or attend school Create a new criminal penalty of a maximum of 20 years incarceration for sex offenders who refuse to comply with registration requirements Protect foster children from sexual abuse and exploitation The Sex Offender Registration and Notification Act will require:
- NEW CHANGES TO CURRENT LAW: GENERAL
- Full Integration: Fully integrates Megans 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
offenders 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 Offenders Intent to Relocate: Requires the U.S. Attorney
General to send out immediate electronic notification of a sex offenders intent to move to a new state once the
Attorney General is notified by the current domiciliary state of the sex offenders 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.
For more information, contact the Jessica Lunsford Foundation at www.jmlfoundation.com