[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 578 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 578

  To ensure that sex offenders and sexually violent predators are not 
                          eligible for parole.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2011

 Mr. Chandler introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To ensure that sex offenders and sexually violent predators are not 
                          eligible for parole.

    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 ``No Parole for Sex Offenders Act''.

SEC. 2. REDUCTION OF GRANT AMOUNTS.

    (a) In General.--For each fiscal year after the expiration of the 
period specified in subsection (b)(1) in which a State receives funds 
for the program referred to in subsection (b)(2), the State shall have 
in effect throughout the State laws and policies that prohibit parole 
for any individual who--
            (1) is convicted of a criminal offense against a victim who 
        is a minor; and
            (2) is a sexually violent predator.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act in which to fully 
        implement this Act, except that the Attorney General--
                    (A) may grant an additional 2 years to a State that 
                is making good faith efforts to implement this Act; and
                    (B) shall waive the requirements of this Act if 
                compliance with this Act by a State would be 
                unconstitutional under the constitution of such State.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to fully implement this Act shall not receive 10 
        percent of the funds that would otherwise be allocated for that 
        fiscal year to the State under the Edward Byrne Memorial 
        Justice Assistance Grant Program under subpart 1 of part E of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.).
    (c) Reallocation.--Amounts not allocated under the program referred 
to in subsection (b)(2) to a State for failure to fully implement this 
Act shall be reallocated under that program to States that have not 
failed to fully implement this Act.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Criminal offense against a victim who is a minor.--(A) 
        The term ``criminal offense against a victim who is a minor'' 
        means any criminal offense in a range of offenses specified by 
        State law which is comparable to or which exceeds the following 
        range of offenses--
                            (i) kidnapping of a minor, except by a 
                        parent;
                            (ii) false imprisonment of a minor, except 
                        by a parent;
                            (iii) criminal sexual conduct toward a 
                        minor;
                            (iv) solicitation of a minor to engage in 
                        sexual conduct;
                            (v) use of a minor in a sexual performance;
                            (vi) solicitation of a minor to practice 
                        prostitution;
                            (vii) any conduct that by its nature is a 
                        sexual offense against a minor;
                            (viii) production or distribution of child 
                        pornography, as described in section 2251, 
                        2252, or 2252A of title 18, United States Code; 
                        or
                            (ix) an attempt to commit an offense 
                        described in any of clauses (i) through (viii), 
                        if the State--
                                    (I) makes such an attempt a 
                                criminal offense; and
                                    (II) chooses to include such an 
                                offense in those which are criminal 
                                offenses against a victim who is a 
                                minor for the purposes of this section.
            (B) For purposes of paragraph (1), conduct which is 
        criminal only because of the age of the victim shall not be 
        considered a criminal offense if the perpetrator is 18 years of 
        age or younger.
            (2) Sexually violent predator.--The term ``sexually violent 
        predator'' means a person who--
                    (A) has been convicted of a sexually violent 
                offense; and
                    (B) has been diagnosed by a qualified mental health 
                professional as having a mental abnormality or 
                personality disorder that makes the person likely to 
                engage in predatory sexually violent offenses, or has 
                been determined by a court to suffer from such an 
                illness or disorder.
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