[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.

                          ____________________