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National Conf. On Sex Offender Registries... Criminal Justice Information Policy... U.S. Dept. of Justice... Bureau of Justice Statistics... Office of Justice Programs PDF

136 Pages·1998·36.6 MB·English
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A U.S, Department of Justice Bureau of Justice Statistics National Conference on Sex Offender Registries Proceedings of a BIS/SEARCH conference - ' Papers presented by Patty Wetterling Ralph ©. Thomas Kirk Lonbom Dr. Jan M. Chaiken elizabeth A. Vlike Welter Viarlene Beckman Pearson Norm Vialeng Lisa Gursky Sorkin Dena I. Sacco Rep. Mike Lawlor Donna Feinberg Robert R. Belair Sen. Florence Shapiro James @ Swain Floyd Epps Roxanne Lieb Kkimmet A. Rathbun Kathy J. Canestrini Scott A. Cooper Doug Smith —_ Criminal Justice Information Policy COMPASLW 13 0) Bureau of Justice Crimes and victims Law Enforcement Management and Corrections Statistics reports Administrative Statistica Displaying violent crime trends using Sheriffa’ departments, 1993, NCJ Substance abuse and treatment of adults (Hevised April 1908) estimates from the National Crime 148823, 6/96, 24p & on probation 1996 NCJ 16661) 4/98 Call toll-free 1-800-732-3277 to order Victimization Survey, NOU 16788) 498 Local police departments, 1993 1hp & Blii)sJ t,S s taoftr iespttooir ctsss ,p eaatt ko ( hbeteo Baau drrdeeefadeu r etnooc fet hJevs pmeiactiiilacile inagl PeHNrpcC eJp & t1i6o5n8s11 , of 4n/9e8i. gh1b0opr h&o od crime DatoNra O mJf oorr 1e4i 8n8do2if2fv,ii cdeur4as/l9, 6 ,a 1g92e929n.pc ieN&s C J wi1t4h 8812050 CParpiNisCtoJan l 1ap6nu7d2n 4i7js,ai hlm ie1/nn9m8t.a te1ls9i 9p6 a,t& mNiCdUy e1a6r/ 09119 97, Statistics Clearinghouse, Hox 175 Criminal victimization 0/95, 2906p &® 12/97, 16p, &® Annapolis Junetion, MD 20701-0179. or 1996: Changes 1995-96, trends 1993-96, incident-Based Reporting System (IBRS): Characteristics of adults on probation, ' doorwdnerlso adt o t1h6e 41l0at-e7s9t 2-e4l3e6c8tr,o me Top uvbileiwc a Sex1 97Nd3Ci-Jf9 f5e,1r 6e5nN8cC1eJ2s. 1i6n13 10/v69i79o,,l en1t5 /09p7v ,i &c tBipm iz&a tion, aiDnneacmlioydnseisnstt:r- abtaTisanecgdo mdtaah,et a oWpfaeosrrh a.lt,oi coaanlan ldc rNiutmeiewl i ty of ProN1b0C0aJ5t ,i o16nN6C 3J6a.4 n,d 1 64p82/a96r77o,, l eB p111 /99&97 6, (1pr4eps s& release) opjan0g set o (t(ihhett tepsB USfwo lwlIwno tweerodnp e.t b yu sWdo&or )l.adgro ev /Wbaijvdsae/i )l.aW bleebF)o r Agce1r9 i9pm4a,et st,Ne CrJNn Cs J1 o6f41 56v02i80,c3 t1i, m9/s9 79,/o 9f7 ,9 spe r7i&p ou&s violent UsBviienodglf eonNrtad t,ic roinMmaaels, s .I,NB CRNJSC Jd1 a4t41a74 8558t.6o 0 ,a n11a/6l9/3y9.4z ,e 167pp CetSniisopun asl& ofafc iSltiatitees , an1d9 95F,e deNOrUa.l a1d6u4l2t6 6c or8r/e9c7 rugs and crime data, use the internet Violence-related injuries treated in Census of State and local law entorce- HIV in prisons and jails, 1995, NCJ www whilehousedrugpolicy gov) or call hospital emergency departments, ment agencies, 1996, NCJ 164618 4/98 164260, 8/97, 12p ®& Itonlflo-rfrmeaet i1o-n8 0C0l-6e6a6r-i3n3g3h2o,u steh e oDf rtuhge WPhoiltiec y CriNmCiJn al1 56v9i2c1t, imi8z/9a7t,i on 11ipn &t he United 14p & CPorrirseocnteirosn ailn 1p9o9p6u,l aNtCiJo ns1 64i6n1 9t.h e 6/U9n7i. te1d5 p & House Office of National Drug Control States, 1994. NCJ 162126, 6/97, 150p & Prosecution States, 1995, NCJ 163916, 6/97, 215p & Policy, Box 6000. Rockville MD 20850 Effects of the redesign on victimization Lifetime likelihood of going to State or Single copies of reports are free, use title estimates, NCJ 164381, 5/97, 7p & German and American prosecutions: Federal prison, NCJ 160092. 3/97. 13p & ind NCJ number to order Postage and Female victims of violent crime, A statistical aproach to comparison, Probation and parole violators in State handling are charged for bulk orders NCJ 162602, 12/96, 4p & NCJ 166610, 4/98, 110p & prison, 1991, NCJ 149076, 8/95. 18p & of single reports. For single copies of Violence against women. Estimates from Juveniles prosecuted in State criminal Violent offenders in State prison: multiple cities, up to 5 titles are free; the redesigned survey, NCJ 154948 courts, 1994, NCJ 164265 3/97 7p ® Sentences and time served, 1992-94, 6-10, $10; 11-15, $15; 16-20, $20; over 8/95, Bp & Prosecutors in State courts hd 1. "632, 7/95, 10p & 20, call for estimate. Libraries call for Homicide statistics information package, 1994, NCJ 151656, 11/96, 13p & Jails and jai inmates, 1993-94; NCJ NCJ 148462, 4/95, 240p, $23 Local prosecution of organized crime: 151651, 5/95, 12p & special rates Young black male victims, NUJ 147004 Use of State RICO statutes, NCJ 144502 National Corrections Reporting Program: BJS data sets and documentation are 12/94. 2p & 10/93, 30p 1992, NCJ 145862, 10/94, 101p available on the Internet (http. www Violence and theft in the workplace, 1991, NCJ 145861, 2/94, 144p iopsr umich edu/NACJD/ home. htm) NGJ 148199, 7/94, 2p & Courts and sentencing Drug enforcement and treatment in Public-use tapes, disks, and CD-ROM's Child rape victims, 1992, NCJ 147001 Federal justice statistics prisons, 1990, NCJ 134724, 7/92, 13p are available trom the National Archive 6/94, 2p & Census of State and Federal correctional of Criminal Justice Data/ICPSR, PO. Box Highlights from 20 years of surveying Comparing case processing statistics, facilities, 1990, NCJ 137003. 6/92, 32p 1248, Ann Arbor, MI 48106 (toll-free crime victims: 1973-92, NCJ 144525 NCJ 169274, 4/98, 2p &® Race of prisoners admitted to State and 1-800-999-0960 local 1-734-763-5011) 10/93, 47p & Compendium of Federal justice statistics: Federal institutions, 1926-86, NCJ Victimization and fear of crime: World 1995, NCJ- 164259, 3/98, 104p 125618, 6/91, 54p BJS overview reports perspectives, NCJ 93872. 1/85, 102p 1994, NCJ- 163063, 3/98, 104p Federal tort trials and verdicts, 1994-95, Expenditure and employment BJS fiscal year 98: At a glance, $9 15 NCJ 165810, 12/97, 9p, & NCJ 169285. 4/98, 56p & Drugs and crime Prisoner petitions in the Federal courts, Justice expenditure and employment Violence by intimates: Analysis of data 1980-96, NCJ 164615, 10/97, 17p & extracts: Data from the Annual General State drug resources: 1997 national on crimes by current/former spouses, Juvenile delinquents in the Federal Finance and Employment Surveys. directory (http //www whitehousedrug boyfriends, and girlfriends, NCJ criminal justice system, NCJ 163066. 1992, NCJ 148821, 2/97, Sip & Dom1e67s2t3i7,c v3i/9o8l, en4c6ep s&t atistics information Drupoglsi,c y cgroivm/ed,r uagtnadc tt/hset ajtuesst/isctea tessy sthetmml:) & Non2/c9i7t, iz4epn s& in the Federal criminal jus- Jus1t9i9c0,e eNxCpJe n1d3i5t7u7r7e, a9n/9d2 ,e m1p3lpo y&®m ent: package, NCJ 167883, 3/98, $29 US A national report, NCJ 133652. 5/93, tice system, NCJ 160934, 8/96, |1p & Justice variable pass-through data, 1990: $31 Canada and other countries Tec2h2n4ipc al appendix, NCJ 139578. 6/93. Federal criminal case processing, 1982- Anti-drug abuse formula grants Sourcebook of criminal justice statistics 93, with preliminary data for 1994, NCJ 133018, 3/92, 8p 86p 1996, NCJ 165361, 10/97, 667p, postage NCJ | j0088, 5/96, 28p & & handling $6 US, $11 Canada. $30 other Criminal offenders Sentencing in the Federal courts: Criminal record systems countnes & Does race matter? The transition to Compendium of State privacy and CO-ROM: Sourcebook of criminal justice Profile of jail inmates, 1995-96, NCJ sentencing guidelines, 1986-90 security legislation: 1997 overview, Statistics, 1994-95 editions, NCJ 164620, 4/98, 16p & Summary, NCJ 145332, 12/93, 24p NCJ 168964, 4/98, 155p & 164253, 10/97, postage/handling $11.50 Child victimizers: Violent offenders and Full report, NCJ 145328, 12/93, 229p, $5 National Sex Offender Registry Assist- $15 Canada and other countries their victims, NCJ 153258, 3/96, 3ip & Federal firearms-related offenses, ance Program, FY 1998 program an- Presale handgun checks, 1996: A nation- Comparing Federal and State prison in- NCJ 148950, 7/95, 2p & nouncement, NCJ 169275. 4/98. 15p & al estimate, NCJ.165704, 9/97. 6p & mates, 1991, NCJ 145864, 10/94, 35p & BJS/SEARCH conference proceedings: BJS publications catalog, 1997, NCJ Profile of inmates in the U.S. and in State courts National conference on 164385, 7/97, 30p & England and Wales, 1991, NCJ 145863. State court sentencing of convicted Sex offender registries, NCJ 168965. Sex offenses and offenders, NCJ 163392 10/94, 24p felons, 1994, NCJ-164614, 3/98. 71p & 4/98, 114p & 57, 39D & Women in prison, NCJ 145321, 3/94 lip & Felony defendants in large urban coun Juvenile justice records: Appropriate Firearms, crime, and criminal justice: Survey of State prison inmates, 1991, ties, 1994, NCJ 164616, 1/98, 46p & criminal and noncriminal justice uses, Gupnasc kaangde , crNiCmJe s1t6a1t1i7s0t,i cs1 /9i7n,f o$r2m4a tion DrNuCnJk d1r3i6v9i4n9g,: 51/9938,9 3S4upr v&e y of inmates Fel19o9n4y, seNnCJt-e n1c6e5s14 9i,n t8h/e97 ,U ni1t1ep d & States, CriNmCiJn al1 64h2i6s9t,o ry5 /9r7e, co9r7dp i&n formation: Firearm injuries from crime, NCJ of Local Jails, NCJ 134728, 9/92. 10p & Felony sentences in State courts, 1994, Brady and beyond, NCJ 151263, 1/95. 160093, 4/96, 7p & Women in jail, 1989, NCJ 134732. 3/92, NCJ 163391, 1/97, 16p & 204p & WeNaCpJo n1s5 52o8f4f,e ns1e1s/9 5,a nd8 p of&f enders. Dru12gps and jail inmates, NCJ 130836, 8/91, CivCilD -JRuOsMti,c e NCSuJr v1e5y7 77o1f ,S t7a/t9e6 , Co$u1r3t sU S 1992: Imhpirsotvoirnyg intfhoer mqautailiotny, oNfC cJr im1i3n3a53l2 . 2/92. —-— Guns used in crime, NCJ 148201, 7/95 12p & $17 Canada, $16.50 other countries 104p 7p RX Recidivism of prisoners released in 1983, Contract case in the large counties. Criminal justice in the 1990's: The Firearms and crimes of violence: NCJ 116261, 4/89, 13p NCJ 156664, 2/96, 12p & future of information management, Selected findings, NCJ 146844 2/94. Survey of youth in custody, 1987. Civil jury cases and verdict in large NCJ 121697, 5/90, 58p, $7.70 13p & NCJ 113365, 9/88, 9p counties, NCJ 154346, 7/95, 14p & Juvenile and adult records: One Future “ rections for the National Archive Tort case in large counties, system, one record? NCJ 114947 of Criminal Justice Data: Report of the The justice system NCJ 153177, 4/95, 9p & 1/90, 80p Task Force, NCJ 154875, 8/95, 15p & Indigent defense, NCJ 158909, 2/96. 4p & Open vs. confidential records, Performance measures for the criminal Law enforcement Spouse nurder defendants in large urban NCJ 113560, 1/88, 64p, $7.70 justice system, NCJ 143505, 10/93. Federal law enforcement officers: counties, 1988, NCJ 153256, 10/95, 26p & Survey of State procedures related to Pub1l6i7cpa tions of BJS, 1971-84, library of Pol1i9c9e6 , usNeC Jo f 1f6o4r6c1e7:, Co1/l9l8e,c tliiopn &o f national FedCehraalll enhgaibnega s Stcaotrep ucso urrte vcireiwm:i nal 6fi8rpe a&r m sales, 1996, NCJ 165705. 9/97. 330 microfiches, PRO30012,10/86,$203 data, NCJ 165040, 11/97, 38p & convictions, NCJ 155504, 8/95, 33p & National Criminal History Improvement Report to the Nation on crime and justice: implementing the National incident-Based Challenging the conditions of prisons Program: FY 1997 program announce- Second edition, NCJ 105506, 6/88.134p Reporting System: A project status and jails: A report on Section 1983 ment, NCJ 165589, 6/97, 49p & Tec93hpn,i c$a8l. 40a ppendix, NCJ 112011, 8/88. report, NCJ 165581, 8/97, 15p. ® litigation, NCJ 151652, 2/95, 48p & Survey of State criminal history informa- Campus law enforcement agencies State court organization, 1993, NCJ tion systems, 1995, NCJ 163918. 5/97, 1995, NCJ 161137, 12/96, 44p & 148346, 2/95, 550p & 57p & Murder in families, NCJ 143498, 7/94. Privacy and juvenile justice records: A 12p &® mid-decade status report, NCJ 161255. Murder in large urban counties, 1988, 5/97, 34p & See order form on last page NCJ 140614, 3/93, 13p Increasing the utility of the criminal history record: Report of the task force, NCJ 156922, 12/95, 65p U.S, Department of Justice Office of Justice Programs Bureau of Justice Statistics National Conference on Sex Offender Registries Proceedings of a BJS/SEARCH conference May 1998, NCJ 168965 Papers presented by Patty Wetterling Ralph C. Thomas Kirk Lonbom Dr. Jan M. Chaiken —_E lizabeth A. Pearson Mike Welter Marlene Beckman Dena T. Sacco Norm Maleng Lisa Gursky Sorkin _ RobeR.r Betlai r ReMipke .Lawl or Donna Feinberg Floyd Epps Sen. Florence Shapiro James C. Swain Kathy J. Canestrini Roxanne Lieb Emmet A. Rathbun Doug Smith Scott A. Cooper DonMn. Uazze ll U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Jan M, Chaiken, Ph.D. Director Acknowledgments This repon was pee by SEARCH, The National Consortium for Justice Information and Statistics, Kenneth E. Bischoff, Chairman, and Gary R. Cooper, Executive Director. The project director was Sheila J. Barton, Deputy Director. Twyla R. Cunningham, Manager, and Eric C. Johnson, Writer/Researcher, Corporate Communications, edited the proceedings. Jane L. Bassett, Publishing Assistant, provided layout and design assistance. The federal project monitor was Carol G. Kaplan, Chief, National Criminal History Improvement Programs, Bureau of Justice Statistics. Report of work performed under BJS Grant No. 96-BJ-CX-K010, awarded to SEARCH Group, Inc., 7311 Greenhaven Drive, Suite 145, Sacramento, California 95831. Contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. Copyright © SEARCH, The National Consortium for Justice Information and Statistics, 1998. The U.S. Department of Justice authorizes any person to reproduce, publish, translate or otherwise use all or any part of the copyrighted material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than SEARCH, The National Consortium for Justice Information and Statistics. Contents Foreword, \ Introduction, vii Keynote address Patty Wetterling The Jacob Wetterling story, 3 Nature and management of the problem Dr. Jan M. Chaiken Sex offenders and offending: Learning more from national data collection programs, 8 Federal panel: Wetterling Act/Megan’s Law compliance issues Marlene Beckman Panel introduction, 15 Lisa Gursky Sorkin The trilogy of Federal statutes, 16 Donna Feinberg Justice Department guideline changes and clarifications, 19 James C. Swain Applying for a compliance deadline extension, 22 Federal panel members Panel question-and-answer session, 24 Federal funding support Dr. Jan M. Chaiken Federal funding support for sex offender registries, 31 FBI panel: Interim and permanent solutions Emmet A. Rathbun History and current status of a national sex offender registry, 37 Ralph C. Thomas The impact of the Lychner Act, 40 Overview of current State laws Elizabeth A. Pearson Status and latest developments in sex offender registration and notification laws, 45 Litigation issues Dena T. Sacco Arguments used to challenge notification laws — and the government's response, 50 Pending legislation Robert R. Belair Status of Federal legislation on sex offenders and changes to current laws, 54 Panel of the States: Systems for the registration of sex offenders Floyd Epps Review of the New York State Sex Offender Registration Act, 59 Kathy J. Canestrini The method of risk assessment used for the New York State Sex Offender Registration Act, 61 Doug Smith California’s history of sex offender registration requirements and response to new Federal mandates, 64 Donna M. Uzzell The Florida sex offender registration and notification system, 68 Kirk Lonbom The Illinois registration and notification system for sex offenders, 72 Mike Welter Development of the Illinois sex offender registration and community notification program, 75 The local responsibility Norm Maleng The local responsibility for control and prosecution of sex offenders: Behind Washington State's history of landmark sex offender laws, 81 Panel of the States: Enacting legislation Rep. Mike Lawlor Creating effective sex offender legislation requires collaboration between lawmakers and justice agencies, 87 Sen. Florence Shapiro The big picture of sex offenders and public policy, 92 Panel of the States: Community notification and verification practices Roxanne Lieb The State of Washington study of the efficacy of notification laws, 101 Scott A. Cooper Community notification and verification practices in three States, 103 Contributors’ biographies, |( 09 Appendix, 117 Foreword Americans have become deadlines risked losing 10 percent National Conference on Sex increasingly angry in recent years of their appropriation from the Offender Registries, held July 16- in response to a series of violent Federal Edward Byme Memorial 17, 1997, in Bellevue, Washington. and highly publicized sexual State and Local Law Enforcement This publication presents the assaults, primarily against children, Assistance Program, which proceedings of that 2-day committed by individuals with provides funding for State and local conference. extensive prior sexual offense crime eradication efforts, The conference featured histories. This outrage has been Compliance was complicated by presentations by Federal officials intensified by the perception, the fact that both Megan’s Law and who explained the requirements of justified or not, that systems the Lychner Act amended portions the registration and notification traditionally used by justice of the Wetterling Act, creating statutes in detail and who answered agencies to monitor law-breakers confusion a5 to whether the the questions of State returned to the community do not requirements of one statute representatives. Representatives adequately protect the public from superceded those oi another. There from several States presented that unique category of individual were also questions as to whether information on programs that their known as the sex offender. the registration and notification States had implemented in response Seeking to address the public's programs, once implemented, to the Federal requirements. concern, the U.S. Congress would survive constitutional Elected officials provided a established three statutes that challenges based on claims of legisltive perspective to the collectively require States to excessive punishment, invasion of proceedings, and experts updated strengthen the procedures they use privacy and denial of due process. participants on the status of legal to keep track of sex offenders: the Another hurdle was the growing challenges to registration and Jacob Wetterling Crimes Against number of individuals who fell notification programs. Children and Sexually Violent under the statutes’ requirements. Many of the problems and issue Offender Registration Act (enacted According to data compiled by the areas identified in these in 1994), the Federal versior of Bureau of Justice Statistics, the proceedings were subsequently “Megan’s Law” (enacted in 1996), number of sex offenders jumped addressed or ameliorated in Federal and the Pam Lychner Sexual 300 percent between 1980 and legislation and regulations. Offender Tracking and 1994. In 1994, there were The issue of sex offending is as Identification Act (also enacted in approximately 234,000 sex sensitive and emotionally charged 1996). offenders under the care, custody or as any faced by society. The In brief, the statutes require control of corrections agencies — federally required programs are States to establish registration 60 percent under conditional relatively new or redesigned programs so local law enforcement supervision in the community — approaches to controlling sex will know the whereabouts of sex on any given day. offenders, and a period of time offenders released into their States experiencing difficulty must elapse before quantitative jurisdictions, and notification meeting the compliance deadlines study can be conducted to ascertain programs so the public can be were given the opportunity to whether they are effective. I hope warned about sex offenders living request 2-year, “good-faith-effort” these proceedings serve during this in the community. (The Lychner extensions. Forty-two of the 56 period as a valuable reference tool Act also requires the creation of a States and territories required to and also as a contribution to the national sex offender registry, and comply with the statutes requested ongoing debate over the methods it requires the FBI to handle deadline extensions. It appeared the used to control sex offenders. registration in States that lack States needed guidance and “minimally sufficient” programs. ) clarification to heip them comply eh @ The States were assigned a with the registration and difficult task. They were given until notification statutes. September 1997 to comply with the To assist the States, the Bureau Wetterling Act and Megan’s Law, of Justice Statistics, along with and until October 1999 to comply SEARCH, The National Jan M. Chaiken, Ph.D. with the Lychner Act. Those that Consortium for Justice Information Director failed to meet the compliance and Statistics, cosponsored the introduction In October 1989, 11-year-old establish stringent registration travel their neighborhood freely if Jacob Wetterling bicycled with his programs for sex offenders — they had been alerted to the brother and a friend to a store near including life-long registration for e presence of a convicted sex his St. Joseph, Minnesota, home to subclass of offenders classified as offender living across the street rent a video, Ten months later, sexual predators — by September from their residence, Congress Houston real estate age:it Pam 1997, passed the Federal version of Lychner prepared to show a vacant Awaiting Lychner at the vacant “Megan's Law,” another residence to a prospective buyer. In house was a twice-convicted felon amendment to the Violent Crime July 1994, Megan Kanka, age 7, who brutally assaulted the forrer Control and Law Enforcement Act accepted an invitation from a flight attendant. Her life was saved of 1994, in 1996.3 It required States neighbor in Hamilton Township, when her husband arrived on the to establish some form of New Jersey, to see his new puppy. scene and interrupted the attack. community notification by As they went about their daily The experience motivated Lychner September 1997. routines, Wetterling, Lychner and to form Justice for All, a Texas- The process of instituting a Kanka could not have known they based victims’ rights advocacy nationally consistent policy to were fated to become crime group that lobbies for tougher control sex offenders is complex. victims, or that their names would sentences for violent criminals. One of the greatest challenges is ultimately become synonymous U.S. Senators Phil Gramm of the sheer magnitude of the with Federal laws mandating more Texas and Joseph Biden of problem. Recent figures show that, stringent control of sex offenders. Delaware credited Lychner with nationally, approximately 234,000 Wetterling’s ride home was helping to craft the language of a sex offenders are under the care, interrupted by an armed man bill that established a national custody or control of corrections wearing a nylon mask who ordered computer database to track sex agencies — 60 percent under the boy’s companions to flee. offenders. The bill was named the conditional supervision in the Wetterling has not been seen since. Pam Lychner Sexual Offender community — on any given day. Investigators later learned that, Tracking and identification Act of The FBI, directed by the unbeknownst to local law 1996? to honor the activist after she Lychner Act to register sex enforcement, halfway houses in St. and her two daughters were killed offenders and to notify Joseph housed sex offenders after in the explosion of TWA Flight 800 communities in States lacking their release from prison. off the coast of Long Island, New “minimally sufficient” programs, Wetterling’s disappearance York, in July 1996. The Lychner used fugitive statistics from four transformed his mother, Patty, a Act amended the Violent Crime California field divisions (San self-described “stay-at-home Control and Law Enforcement Act Diego, Los Angeles, San Francisco mom,” into a tireless advocate for of 1994 to require the Federal and Sacramento) and information missing children. She was Bureau of Investigation to establish on noncompliant sex offenders appointed to a governor’s task the national offender database and from the State’s Department of force that recommended stronger to handle sex offender registration Justice to study the assignment’s sex offender registration and notification in States unable to impact on its resources. The study requirements in Minnesota. maintain “minimally sufficient” found that, if the FBI were made The more stringent requirements programs of their own. The responsible for administering were subsequently implemented on Lychner Act compliance deadline California’s program, every agent a national basis when the Jacob is October 1999. working in the four divisions at the Wetterling Crimes Against The neighbor who invited time of the study would have to be Children and Sexually Violent Megan Kanka to see his puppy was assigned full-time just to track Offender Registration Act was a twice-convicted pedophile who down sex offenders who failed to included in the Federal Violent raped and murdered her, then register as required. Crime Control and Law dumped her body in a nearby park. There are thorny legal issues to Enforcement Act of 1994.! The Megan’s grieving parents said they consider as well. Individuals Wetterling Act required States to never would have let their daughter subject to registration and 1 42 U.S.C.§ 14071. 242 U.S.C. § 14072. 3 104 PLL. 145, 100 Stat. 1345. Vil notification programs have and notification programs, and also concluded with an overview of the challenged the statutes on to provide a forum where various notification options constitutional grounds, citing representatives from a number of available to States, from passive excessive punishment, lack of due States could exchange ideas and (where the public seeks out process and invasion of privacy. compare experiences. Speakers information) to aggressive (where The courts have generally upheld educated State representatives on the offender is required to notify registration requirements, but the requirements of the sex neighbors of his presence). several courts have struck down offender-related Federal statutes, Mrs. Patty Wetterling, advocate notification programs. Many updated participants on new for missing children and cofounder observers believe the notification legislation and legal challenges to of the Jacob Wetterling controversy will not be resolved the current statutes, and provided as Foundation, delivered the until the U.S. Supreme Court examples programs that several conference’s “Keynote address,” in settles the matter. States implemented in response to which she related the details of her Designing an effective sex the Federal mandates. son’s abduction and the emotional offender registration and Presenters included officials highs and lows that accompanied notification program that can from the U.S. Department of the aftermath. She discussed the withstand legal challenges while Justice and the FBI, representatives creation of the Jacob Wetterling meeting the needs of the from State and national criminal Foundation, which aids in the community is difficult, especially justice organizations, and State search for missing children, and within the relatively short time legislators and other State-level also the concern for individual periods for compliance spelled out officials. Mrs. Patty Wetterling rights elected officials expressed in the Federal statutes. States that provided the keynote address. This when a task force of which Mrs. failed to meet the statutes’ document presents the proceedings Wetterling was a member compliance deadlines risked losing of that conference. (Sex offenders recommended stringent registration 10 percent of their appropriation ar referred to in the male gender requirements for convicted sex from the Federal Edward Byrne throughout these proceedings, as offenders. Memorial State and Local Law more than 99 percent of convicted The next speaker, BJS Director Enforcement Assistance Program, sex offenders are men.) Dr. Jan M. Chaiken, discussed the which provides fuuiding for State Day One of the conference general topic of the “Nature and and local crime eradication efforts. focused primarily on the sex management of the problem,” in The statutes allowed States offender problem from a Federal particular what information experiencing difficulty in perspective. A panel of U.S. Justice national data collection programs establishing programs to apply for Department officials ciscussed can provide on sex offenders and a 2-year, “good-faith-effort”’ various aspects of the Federal offending. He provided a detailed deadline extension. Forty-two of statutes and conducted an statistical overview of violent sex the 56 States and territories covered informative questi »n-and-answer crimes — including murders, by the statutes sought the session to address the specific assaults on children, rape and the extensions. concerns of individual States. Day criminal histories of sex offenders To help States design Two began with a presentation by — to establish a national context on constitutionally viable programs FBI representatives concerning which to proceed with the that meet Federal mandates, and to preparations the Bureau is taking to conference. contribute to the national debate assume control of registration and Dr. Chaiken reported that of the over the issue of controlling sex notification functions in States 95,000 sex offenders in State offenders, the Bureau of Justice unable to establish their own prisons, 60,000 most likely Statistics (BJS), U.S. Department effective programs. committed their violent sex crimes of Justice, and SEARCH, The The agenda then moved to a against children under age 18. The National Consortium for Justice State perspective. Representatives majority of those serving time for Information and Statistics, from several States explained violent sex offenses against cosponsored the National procedures and programs their children committed their crimes Conference on Sex Offender States adopted in response to the against victims age !2 or under. He Registries, held in Bellevue, Federal mandates. State and local endorsed the implementation cf the Washington, on July 16-17, 1997. elected officials enlightened National .ncident-Based Reporting The conference sought to provide conference participants on the System, which collects more the States with tools needed to legislative response to public detai.ed crime information, leading implement effective registration demands for action. The conference Vili

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