[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2363

    To establish registration and tracking procedures and community 
   notification with respect to released sexually violent predators.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, July 20), 1994

  Mr. Gorton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To establish registration and tracking procedures and community 
   notification with respect to released sexually violent predators.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Sexually Violent Predators Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there exists a small but extremely dangerous group of 
        sexually violent persons who do not have a mental disease or 
        defect;
            (2) persons who are sexually violent predators generally 
        have antisocial personality features that--
                    (A) are not amenable to mental illness treatment 
                modalities in existence on the date of enactment of 
                this Act; and
                    (B) render the persons likely to engage in sexually 
                violent behavior;
            (3) the likelihood that sexually violent predators will 
        repeat acts of predatory sexual violence is high; and
            (4) the prognosis for curing sexually violent predators is 
        poor and the treatment needs of the population of the predators 
        are very long-term.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Mental abnormality.--The term ``mental abnormality'' 
        means a congenital or acquired condition of a person that 
        affects the emotional or volitional capacity of the person in a 
        manner that predisposes the person to the commission of 
        criminal sexual acts to a degree that makes the person a menace 
        to the health and safety of other persons.
            (2) Predatory.--The term ``predatory'', with respect to an 
        act, means an act directed toward a stranger, or a person with 
        whom a relationship has been established or promoted, for the 
        primary purpose of victimization.
            (3) Sexually violent offense.--The term ``sexually violent 
        offense'' means an act that is a violation of title 18, United 
        States Code or State criminal code that--
                    (A) involves the use or attempted or threatened use 
                of physical force against the person or property of 
                another person; and
                    (B) is determined beyond a reasonable doubt to be 
                sexually motivated.
            (4) Sexually violent predator.--The term ``sexually violent 
        predator'' means a person who has been convicted of a sexually 
        violent offense and who suffers from a mental abnormality or 
        personality disorder that makes the person likely to engage in 
        predatory sexually violent offenses.

SEC. 4. ESTABLISHMENT OF PROGRAM.

    (a) In General.--
            (1) State guidelines.--In accordance with this section, the 
        Attorney General shall establish guidelines for State programs 
        to require a sexually violent predator to register a current 
        address with a designated State law enforcement agency upon 
        release from prison, being placed on parole, or being placed on 
        supervised release. The Attorney General shall approve each 
        State program that complies with the guidelines.
            (2) State compliance.--
                    (A) Implementation date.--A State that does not 
                implement a program described in paragraph (1) by the 
                date that is 3 years after the date of enactment of 
                this Act, and maintain the implementation thereafter, 
                shall be ineligible for funds in accordance with 
                subparagraph (B).
                    (B) Ineligibility for funds.--
                            (i) In general.--A State that does not 
                        implement the program as described in 
                        subparagraph (A) shall not receive 10 percent 
                        of the funds that would otherwise be allocated 
                        to the State under section 506 of the Omnibus 
                        Crime Control and Safe Streets Act of 1968 (42 
                        U.S.C. 3756).
                            (ii) Reallocation of funds.--Funds made 
                        available under clause (i) shall be 
                        reallocated, in accordance with such section, 
                        to such States as implement the program as 
                        described in subparagraph (A).
    (b) Registration Requirement Upon Release, Parole, or Supervised 
Release.--
            (1) In general.--An approved State program established in 
        accordance with this section shall contain the requirements 
        described in this section.
            (2) Determination.--The determination that a person is a 
        ``sexually violent predator'' and the determination that a 
        person is no longer a ``sexually violent predator'' shall be 
        made by the sentencing court after receiving a report by a 
        board of experts on sexual offenses. Each State shall establish 
        a board composed of experts in the field of the behavior and 
        treatment of sexual offenders.
            (3) Notification.--If a person who is required to register 
        under this section is anticipated to be released from prison, 
        paroled, or placed on supervised release, a State prison 
        officer shall, not later than 90 days before the anticipated 
        date of the release or commencement of the parole--
                    (A) inform the person of the duty to register;
                    (B) inform the person that if the person changes 
                residence address, the person shall give the new 
                address to a designated State law enforcement agency in 
                writing not later than 10 days after the change of 
                address;
                    (C) obtain the name of the person, identifying 
                factors, anticipated future residence, offense history, 
                and documentation of any treatment received for the 
                mental abnormality or personality disorder of the 
                person; and
                    (D) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (4) Transfer of information to state and the fbi.--Not 
        later than 3 days after the receipt of the information 
        described in paragraph (2), the officer shall forward the 
        information to a designated State law enforcement agency. As 
        soon as practicable after the receipt of the information by the 
        State law enforcement agency, the agency shall--
                    (A) enter the information into the appropriate 
                State law enforcement record system and notify the 
                appropriate law enforcement agency that has 
                jurisdiction over the area in which the person expects 
                to reside; and
                    (B) transmit the information to the Identification 
                Division of the Federal Bureau of Investigation.
            (5) Quarterly verification.--
                    (A) Mailing to person.--Not less than every 90 days 
                after the date of the release or commencement of parole 
                of a person under paragraph (2), the designated State 
                law enforcement agency shall mail a nonforwardable 
                verification form to the last reported address of the 
                person.
                    (B) Return of verification form.--
                            (i) In general.--The person shall return, 
                        by mail, the verification form to the agency 
                        not later than 10 days after the receipt of the 
                        form. The verification form shall be signed by 
                        the person, and shall state that the person 
                        continues to reside at the address last 
                        reported to the designated State law 
                        enforcement agency.
                            (ii) Failure to return.--If the person 
                        fails to mail the verification form to the 
                        designated State law enforcement agency by the 
                        date that is 10 days after the receipt of the 
                        form by the person, the person shall be in 
                        violation of this section unless the person 
                        proves that the person has not changed the 
                        residence address of the person.
            (6) Notification of local law enforcement agencies of 
        changes in addresses.--Any change of address by a person 
        required to register under this section that is reported to the 
        designated State law enforcement agency shall as soon as 
        practicable be reported to the appropriate law enforcement 
        agency that has jurisdiction over the area in which the person 
        is residing.
            (7) Penalty.--A person required to register under a State 
        program established pursuant to this section who knowingly 
        fails to register and keep the registration current shall be 
        subject to criminal penalties in the State. It is the sense of 
        Congress that the penalties should include imprisonment for not 
        less than 180 days.
            (8) Termination of obligation to register.--The obligation 
        of a person to register under this section shall terminate on a 
        determination made in accordance with the provision of 
        paragraph (2) of this section that the person no longer suffers 
        from a mental abnormality or personality disorder that would 
        make the person likely to engage in a predatory sexually 
        violent offense.
    (c) Community Notification.--The designated State law enforcement 
agency shall release relevant information that is necessary to protect 
the public concerning a specific sexually violent predator required to 
register under this section.
    (d) Immunity for Good Faith Conduct.--Law enforcement agencies, 
employees of law enforcement agencies, and State officials shall be 
immune from liability for any good faith conduct under this section.
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