[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Pages S11542-S11543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG:

  S. 2138. A bill to clarify the standards for State sex offender 
registration programs under the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Act; to the 
Committee on the Judiciary.


   THE JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT 
                OFFENDER REGISTRATION AMENDMENTS OF 1996

 Mr. GREGG. Mr. President, I introduce the Jacob Wetterling 
Crimes Against Children and Sexually Violent Offender Registration 
Amendments of 1996.
  The current Jacob Wetterling Act is an effective and responsible way 
to keep track of sexually violent predators, especially those who prey 
on our children. This act requires States to implement a program 
through which these types of offenders, once on parole, must register 
their places of residence with State and local law enforcement 
agencies. I have always supported the premise behind this provision in 
the 1994 crime bill, as I believe it provides law enforcement with the 
information necessary to locate prior offenders, should they strike 
again.

[[Page S11543]]

  I was particularly pleased to support this provision because New 
Hampshire has had an exemplary sex offender registration program for 
several years. In fact, the Department of Justice has complimented the 
Granite State's program as one of the best in the Nation.
  Despite my support of the Jacob Wetterling Act, I call on the Senate 
to amend this legislation because it has come to my attention that this 
act has established parameters for compliance that are too restrictive. 
In fact, according to the Department of Justice, while most States have 
established successful sex offender registration programs, not one is 
in compliance with the narrowly drawn provisions outlined in the bill.
  This fact is particularly distressing considering that the penalty 
for non-compliance is the loss of 10 percent of that State's Edward 
Byrne Memorial Grant funds. States that already run successful 
registration programs do not deserve such a penalty.
  The amendments that I propose will allow States to be in compliance 
with Jacob Wetterling while retaining their own unique system of 
registering sexually violent offenders.
  First, this legislation would allow States to devise their own way of 
registering paroled offenders. Current law requires States to conduct a 
mail registration system, which is costly. In New Hampshire and other 
States, the current system requires offenders to register in person at 
their local police departments. My amendments would allow these States 
to retain their current, successful systems.
  Second, my bill would amend the current provision that requires 
States to create a board of experts, whose purpose is to determine 
whether an offender should be labeled as sexually violent and required 
to register. My amendment would allow States to make this determination 
through an assessment of the individual for purposes of a sentencing 
enhancement determination. My own State of New Hampshire is an example 
of the latter situation in that all people required to register have 
been designated as sexually violent by a psychiatrist at the time of 
sentencing. In New Hampshire, no State board needs to be created.
  Finally, my bill would allow sex offenders to first register with 
local law enforcement agencies, who then pass the information to the 
State, the FBI, and other appropriate agencies.
  These amendments simply recognize that it is not the role of the 
Federal Government to devise each State's system for dealing with its 
paroled offenders. Each State's methods and needs are different. The 
Federal Government should not mandate that each of them conduct 
identical programs.
  I ask unanimous consent that the provisions in the bill be included 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2138

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

     SECTION 1. AMENDMENT OF STANDARDS FOR STATE SEX OFFENDER 
                   REGISTRATION PROGRAMS.

       Section 170101 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) is amended--
       (1) in subsection (a)(1), by striking ``with a designated 
     State law enforcement agency'' in each of subparagraph (A) 
     and subparagraph (B);
       (2) in subsection (a)(2), by inserting before the period 
     the following: ``, or pursuant to an assessment for purposes 
     of a sentencing enhancement determination'';
       (3) in subsection (a)(3)(C), by inserting before the period 
     the following: ``, or means a person who has been convicted 
     of a sexually violent offense and has received an enhanced 
     sentence based on a determination that the person is a 
     serious danger to others due to a gravely abnormal mental 
     condition'';
       (4) in subsection (b)(1)(A)--
       (A) in clause (ii), by striking ``give'' and all that 
     follows through ``days'' and inserting ``report the change of 
     address as provided by State law''; and
       (B) in clause (iii), by striking ``shall register'' and all 
     that follows through ``requirement'' and inserting ``shall 
     report the change of address as provided by State law and 
     comply with any registration requirement in the new State of 
     residence'';
       (5) by amending paragraph (2) of subsection (b) to read as 
     follows:
       ``(2) Transfer of information to state and the federal 
     bureau of investigation.--The officer, or in the case of a 
     person placed on probation, the court, shall forward the 
     registration information to the agency responsible for 
     registration under State law. State procedures shall ensure 
     that the registration information is available to a law 
     enforcement agency having jurisdiction where the person 
     expects to reside, that the information is entered into the 
     appropriate State records or data system, and that conviction 
     data and fingerprints for registered persons are transmitted 
     to the Federal Bureau of Investigation.'';
       (6) in subsection (b)(3)(A)--
       (A) in the matter preceding clause (i), by inserting after 
     ``(a)(1),'' the following: ``State procedures shall provide 
     for verification of address at least annually. Such 
     verification may be effected by providing that'';
       (B) in clause (i), by striking ``The designated State law 
     enforcement'' and inserting ``A designated'';
       (C) in clause (ii), by striking ``State law enforcement'';
       (D) in clause (iii), by striking ``to the designated State 
     law enforcement agency''; and
       (E) in clause (iv), by striking ``State law enforcement'';
       (7) in subsection (b)(4), by striking ``section reported'' 
     and all that follows through ``requirement'' and inserting 
     the following: ``section shall be reported by the person in 
     the manner provided by State law. State procedures shall 
     ensure that the updated address information is available to a 
     law enforcement agency having jurisdiction where the person 
     will reside and that the information is entered into the 
     appropriate State records or data system.'';
       (8) in subsection (b)(5), by striking ``shall register'' 
     and all that follows through ``requirement'' and inserting 
     ``who moves to another State shall report the change of 
     address to the responsible agency in the State the person in 
     leaving, and shall comply with any registration requirement 
     in the new State of residence. The procedures of the State 
     the person is leaving shall ensure that notice is provided to 
     an agency responsible for registration in the new State, if 
     that State requires registration''; and
       (9) in subsection (d)(3), by striking ``the designated'' 
     and all that follows through ``State agency'' and inserting 
     ``the State or any agency authorized by the State''.
                                 ______