NIXZMARY BROWN & JESSICA LUNSFORD LAW
WE, the people of the United States Of America, know it is in the best interest of society, justice, and crime prevention that we pass comprehensive legislation to protect our children from sexually violent offenders and child abusers whom endanger the welfare of a child. In order to proactively protect our children from these criminals we request that the United States Congress, United States Senate Branch, Legislatative Branch, and the President of the United States, with your support, pass Nixzmary Brown Law and a version of Jessica's Law here in the states of the United States of America which would mirror and further enhance the legislation already passed in Florida, Arizona, and Louisiana. The Bureau of Justice reports that 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% of sex offenders versus 1.3% of non-sex offenders). Listed below are just a few examples of why we believe that this law is crucial for the UNITED STATES OF AMERICA.
- In Brooklyn, New York, a young 3 year old baby, Kyle Smith, was brutally and vicisouly beaten to death, sodomized, and burned with cigarettes on June 6, 2008 by his caregivers' Nymeen Cheatham and Lemar Martin. Kyle was repeately beaten and tortured each day by his caregivers'. Ironcially, Nymeen Cheatham lost custody of her 5 children in Texas a year prior to her and her boyfriend killing baby Kyle.
- In Brooklyn, New York, a young, innocent, 7 year old Nixzmary Brown was savagely and brutally beaten, starved, molested and tied to a chair most of her young life. Her parents, Cesar Rodriguez and Nixzaliz Santiago are the abusers and continued to abuse Nixzmary each day until they murdered her on January 11, 2006. Both parents were under the watchfull eye of Adminstration Children of Protective Services.
-In Missouri, 19-year old Darrell Jackson pleaded guilty to repeatedly sexually abusing a little girl, beginning when she was just eight. When Jackson came up for sentencing, the judge gave him four months in prison and five years probation.
-In Minnesota, Joseph Duncan stood in front of a judge, accused of molesting a young boy. Despite the fact that Duncan had previously served 16 years for raping another young boy at gunpoint, the judge released him on just $15,000 bail. Duncan promptly skipped bail and headed for Idaho, where he allegedly kidnapped, raped, and killed a 9-year old boy, molested his sister, and killed their family.
-Most recently in Vermont Judge Edward Cashman presided over a trial in which 34-year old Mark Hulett confessed to raping a little girl from the time she was six until she was 10 years old. After pleading guilty to the charges and admitting that he also let his friend rape her, Judge Cashman sentenced this guy to just 60 days in jail!
-Little Jessica Lunsford was only nine years old when she was kidnapped, raped, and murdered in Florida by a registered sex offender. John Couey confessed to these crimes while in custody on charges of leaving the state that he was registered in as a sex offender. Jessica's remains were found shortly there after in a garbage bag. He had a very long track record of run-ins with law enforcement in addition to the previous sex charges.
Without new legislation we feel that it is only a matter of time another child is beaten, molested, raped, and murdered in our Country. The first and foremost problem is that there is too much judicial discretion when it comes to sentencing these criminals due to a lack of Federal, Nationwide, and State mandatory minimum sentencing requirements. In order to provide equal justice under the law, and to have punishment that is appropriate for the crime, we petition for a mandatory minimum of life in prison with no possibility of parole, and, or, punished to the fullest extent of the law for first time offense. It is also imperative that we give our law enforcement the tools they need to keep track of released child molesters and child abusers. Fox's America's Most Wanted reports that out of approximately 500,000 convicted sex offenders in America that about 100,000 (20%) of these people are in the system. We can no longer just expect released offenders to register with law enforcement. Included in Jessica's Law is a provision that would require all released pedophiles, child abusers, past and present, to wear a GPS monitoring device to ensure that law enforcement can be informed of their whereabouts. We also petition that "Ex Post Facto Law" does not protect already released pedophiles.
Listed below are the two key elements of Jessica's Law. I have made minor adjustments necessary to ensure absolute protection for our children.
Mandatory Minimum- First Offense: Anyone who is at least 18 years of age who is convicted of sexual battery, molestation, child abuse, endangering the welfare of a child, or forcible rape against a child and/or teenager under the age of 18 would be required to serve a prison term no less than life in prison with no possibility of parole and or punished to the fullest extent of the law. Additionally, GPS monitoring- Upon those whom have already been paroled or released from prison the offender must agree to wear a GPS tracking device for the remainder of his/her life. This system will immediately notify police if the offender comes within close proximity to a school, park, playground, house of worship, beaches, lakes, malls, or a day care facility. Unlawful removal of the monitoring device would be a felony and the pedophile will spend the rest of his/her life in prison with no chance of parole. Anyone convicted of a subsequent offense would automatically be sentenced to life imprisonment with no possibility of parole and or punished to the fullest extent of the law.
In addition to the above provisions set forth by Nixzmary Brown Law and Jessica's Law we also want the Federal and State legislature to adopt these following necessary clauses.
Gubernatorial discretion- We would also like a provision that would allow the governor to hold existing convicted molesters beyond their prison terms as they pose a threat to society as they will re-offend if released.
Automatic flight risk- This clause would automatically classify anyone arrested for child molestation, whereas Jessica's Law would be applicable, as an automatic flight risk. Therefore, the accused would not be able to bail out and flee the country before trial or worse yet, hurt another child.
Protective sweep- This would give law enforcement the power to enter the home, shed, basement, and property of a convicted sex offender without a warrant and perform a protective sweep if they are searching for a missing child. This clause would only apply if law enforcement is looking for a missing child and would only grant power to conduct a protective sweep.
- Allow child protective services, police department, fire departments, schools, government agency the right to do a sexual offender and child abuse background check on ALL citizens who seek adoption, fostercare, caregiver, guardianship, or a person taking care of a child/teenager.
- Increase, from 20 years to the remainder of their life, the period of time before a sexual predator is allowed to petition to have the sexual predator designation removed.
- Mandate child abuser and sexual predator/offender registration and reporting requirements.
- Child abusers and/or Sexual predators who murder their victims now qualify to be punished to the fullest extent of the law and or spend life in prison without chance of parole.
- Designate failing to re-register as a sexual offender/predator or harboring or assisting a sexual predator/offender a third degree felony.
- Require those already convicted of sex crimes to have electronic monitoring for the remainder of their life, here the "ex post facto" law does not apply.
- Require all county misdemeanor probation officials to search the sexual offender registry and child welfare registry when a new offender is assigned to them.
- Provide more than $11.2 million in added funding:
- $6 million for technology
- $3.9 million for electronic monitoring
- $1.3 million for data sharing Dangerous Sexual Felony Offender Act. This law signed in 2002 imposes a mandatory minimum sentence of life imprisonment for those once of any sexual offenses, including sexual battery, promoting a sexual performance by a child or lewd or lascivious behavior in the presence of an elder or disabled person. Please add: Include the abuse of a child/children/teenager, and/or endangering a child's welfare. This mandatory minimum applies to those convicted just one time of these crimes, if the offense incurred serious injury or involved multiple victims, among other factors.
- The Victims Freedom Act - Signed in 2002, this law makes it easier for victims of sexual violence to obtain injunctions against their attackers, including when their attackers are due to be released from prison. Violators of these injunctions will face criminal contempt penalties and possible felony prosecution for aggravated stalking.
- Sexual Victims Access to Services Act - Also signed in 2002, this law mandates a surcharge of $151 be paid by every person who pleads guilty or no contest to such crimes as battery and sexual assault. The funds are distributed to rape crisis centers around the state, to provide caring and appropriate treatment.
Thank you for your time on this VERY IMPORTANT ISSUE.
Rose, Jackie, and Pattie