[Congressional Record Volume 151, Number 96 (Friday, July 15, 2005)]
[Senate]
[Page S8379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SEXUAL PREDATORS
Mr. DORGAN. Mr. President, I want to mention an issue dealing with
sexual predators. We are now hearing, as I did this morning on the
news, more information about Mr. Joseph Duncan. He is a violent sexual
predator. He raped a young boy at gunpoint and went to prison for 20
years for that crime. He was then released, and went to live in North
Dakota. Duncan has now been charged in Idaho with multiple counts of
murder and with the abusing of two young children that he kidnapped.
This is a man who, just some months ago, in the month of April, was
hauled into an American court in the State of Minnesota, charged with
molesting a 6-year-old boy, having had the record of violently raping
at gunpoint a teenage boy some long while before. But we are told that
the judge in Minnesota did not know this person's previous history. So
after walking into a Minnesota courtroom, being charged with molesting
a 6-year-old, despite his previous history, Mr. Duncan was allowed to
post $15,000 bail and was gone. Now children have been abused and
kidnapped by this violent sexual predator. People are dead.
I have introduced a bill called Dru's law. I will put up a picture of
this beautiful, young woman, Dru Sjodin. She walked outside of a
shopping center in Grand Forks, ND, one night and, similarly, a violent
sexual predator, Mr. Rodriguez, allegedly abducted her and murdered
her.
Let me tell you about Mr. Rodriguez. Mr. Rodriguez is a man who
served 23 years in prison for a violent sexual crime. When released, he
was judged by the psychiatrist and psychologist to be at the highest
risk for reoffending. He was let out of prison after 23 years. No
monitoring at all. At the prison door, it is: So long, see you, hope
you do well.
Within 6 months, this man allegedly abducted and murdered this
wonderful young woman, a student at the University of North Dakota.
Now, Martha Stewart went to prison, and when she was let out, she was
required to wear an electronic bracelet around her ankle so that they
knew her whereabouts. I believe she still wears an electronic bracelet.
But Joseph Duncan didn't wear an electronic devise. And Mr. Rodriguez
didn't wear an electronic device.
What is happening in this country--especially with violent sexual
predators--is just shameful. We know what causes this, who does it. In
most cases, they have been in the hands of law enforcement and the
criminal justice system and they have been let out. We know also that
over 70 percent of the violent sexual predators will reoffend and, in
most cases, will reoffend more violently.
As a result of that, some long while ago, I introduced Dru's law,
named after this young woman, Dru Sjodin. It would do three things:
One, establish a national registry of sexual predators. There is not
now one. There are State registries, but there is no national registry
that you can search to find out who lives near you, regardless of state
lines.
Second, if a high-risk sex offender is about to be released from
prison, there must be notification of the local State attorneys so they
can, if they wish, seek additional civil commitment and incarceration.
Third, if a high-risk offender is, in fact released, they must have
high-level monitoring upon release. We just cannot allow these people--
the violent sexual predators--to end their term, or to come into court
on a new charge and to walk back out on the sidewalks to terrorize
other innocent Americans.
The Senate passed Dru's law last fall. It didn't get through the
House, so I have to start over. I am proud to tell you that Arlen
Specter, chairman of the Judiciary Committee, is a cosponsor, and Orrin
Hatch, the previous chairman of the Judiciary Committee, has been very
supportive of this bill. We have bipartisan cosponsorship. I hope next
week we will, by consent, move Dru's law through the Senate again and
send it to the House. We must address these issues.
In April, I held a town meeting about the issue of sexual predators
in Fargo, ND, which, coincidentally, is where Mr. Duncan was living. I
called up on the North Dakota Registry of Sexual Predators for the
names of these people living within 2 miles of where I was having the
meeting. I told the people at the meeting I want to know that there is
this violent offender within blocks of where we are holding this
meeting. Here is what I had. I had this piece of paper. I told them
about this sexual predator, and his rape of a 14-year-old boy at
gunpoint and the burning of his victim.
The fact is, this man was not some stranger with no record.
Then Mr. Duncan went to court on the charge of molesting a 6-year-old
boy in another state, and was allowed to post $15,000 bail because the
judge apparently wasn't aware of his record. The judge should certainly
have been apprised of his record.
In fact, we cannot any longer--from California, to Texas, to Florida,
to Idaho, to North Dakota--continue to see violent sexual predators let
out of prison in circumstances that are so much more lenient than that
which was required of Martha Stewart when she finished her
incarceration. That makes no sense.
Mr. President, I hope that next week perhaps we will have the
opportunity by consent to move the legislation, with the support and
active cosponsorship of Arlen Specter, chairman of the Judiciary
Committee, and also with the support of Senator Hatch, Senator Leahy,
and many others. If we do this, I think we will send hope to all of
those who have asked this Congress to take action to do the right
thing. I hope that perhaps by this day next week, I am able to say we
have been successful in moving that legislation and, hopefully, we can
move it to the House and get the President to sign this very important
piece of legislation.
Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Ohio is
recognized.
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