[Congressional Record Volume 149, Number 055 (Monday, April 7, 2003)]
[Senate]
[Pages S4908-S4909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SESSIONS (for himself and Mr. Hatch):
  S. 807. A bill to amend title 18, United States Code, to provide a 
maximum term of supervised release of life for sex offenders; to the 
Committee on the Judiciary.
  Mr. SESSIONS. Mr. President, the legislation I have offered, along 
with Senator Hatch, who chairs the Judiciary Committee, is called the 
Lifetime Consequences for Sex Offenders Act of 2003. It is supported by 
the U.S. Department of Justice.
  We will be seeking to include it within the child crimes bill, 
otherwise known as the PROTECT Act.
  Studies show that sexual offenders are prone toward recidivism 
throughout their lives. A 1988 study of sexual recidivism factors on 
child molesters showed that 43 percent of offenders sexually reoffended 
within a 4-year followup period--43 percent, almost half of them who 
were caught. Within a 4-year period, maybe others reoffended and were 
not caught. So one way to help curb that recidivism is to place the 
defendant on supervised release for a period of years after he or she 
is released from prison.

[[Page S4909]]

  Currently, under 18 U.S.C. Section 3543, a Federal judge is allowed 
to impose a term of 1 to 5 years supervised release on a convicted sex 
offender. In a review of 42 studies regarding sexual-offender 
recidivism in which researchers followed up on the offenders, the 
researchers have found that the longer the followup period is, the 
greater is the percentage of those who will commit another crime. So it 
means they tend to reoffend way out into extended periods of time.
  So this will give the sentencing court discretion to place a sex 
offender on supervised release for a term of up to life if the court 
thinks that is appropriate.
  Mr. President, I had one of America's finest citizens in my office 
this afternoon, John Walsh of the ``America's Most Wanted'' program, of 
which he is known so well. He has been a champion of protecting 
children from sexual predators and abuse. He told me there is no 
doubt--and there is no doubt scientifically or any other way--that 
child predators and sexual offenders and child molesters tend to be 
recidivists. Pedophiles continue that activity. We wish it were not so, 
but we see that in the papers every day--people who have had prior 
problems, who have not just offended one time.
  When I was a Federal prosecutor, I prosecuted a number of individuals 
charged with sexual based offenses. In almost every instance, those who 
are apprehended--possessing child pornography, making child 
pornography--had a history prior to that, over a period of years, of 
the molestation of other children. In fact, I remember one who did not 
appear to have that history, and the agent ended up talking to his 
daughter or step-daughter, and she said when she was a young girl, he 
had molested her. So there was never one defendant that I had, in the 
fifteen years I prosecuted, who did not have a history of it.
  It is a problem that we know is real. And it is not correct or wise 
to have a judge maybe sentence somebody to jail for 5 years in custody, 
and then they get out, and the most the judge can supervise them is 1 
to 5 years. They may still be molesting children 25 years down the 
road. Supervision can help them avoid repeat offenses and can help 
protect children. And they will have a probation or parole officer 
supervising their activities, making them report, on a daily basis, 
knowing where they are working, making sure they are not working in an 
area that could endanger children.
  I think this is a commonsense bill. Senator Hatch and I are pleased 
to offer it. It is something that needs to be made a part of American 
law.
  I appreciate the leadership that John Walsh has committed to these 
issues and the PROTECT Act, in particular.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 807

       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 ``Lifetime Consequences for 
     Sex Offenders Act of 2003''.

     SEC. 2. AMENDMENT TO TITLE 18.

       Section 3583 of title 18, United States Code, is amended--
       (1) in subsection (e)(3), by inserting ``on any such 
     revocation'' after ``required to serve'';
       (2) in subsection (h), by striking ``that is less than the 
     maximum term of imprisonment authorized under subsection 
     (e)(3)''; and
       (3) by adding at the end the following:
       ``(k) Notwithstanding subsection (b), the authorized term 
     of supervised release for any offense under section 1201 
     involving a minor victim, and for any offense under section 
     1591, 2241, 2242, 2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 
     2252A, 2260, 2421, 2422, 2423, or 2425, is any term of years 
     or life.''.

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