[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 5438-5439]
[From the U.S. Government Publishing Office, www.gpo.gov]




               NATIONAL SEX OFFENDER REGISTRY ACT OF 2004

  Mr. DORGAN. Mr. President, last December, there were news reports 
around the country about the disappearance of a young student at the 
University of North Dakota whose name was Dru Sjodin.
  I am sorry to tell you that Dru Sjodin has never been found. It is 
likely that she has been murdered. The person who allegedly committed 
that murder is now under lock and key in a North Dakota jail, awaiting 
a trial. And, as is too often the case, the man that apparently 
committed this crime had earlier been released from prison for 
committing similar offenses.
  Let me talk for a moment about this case and about some legislation I 
have introduced in the Senate--bipartisan legislation--to respond to 
it.
  Dru Sjodin was a student at the University of North Dakota. On a 
December afternoon, she was abducted in a parking lot at the shopping 
center in Grand Forks, ND.
  The suspect who was arrested for that disappearance was a man named 
Alfonso Rodriguez, Jr. Law enforcement has released some details, 
saying that a knife with blood of the type of Dru Sjodin's blood was 
found in the automobile of Mr. Alfonso Rodriguez.
  Mr. Rodriguez had only been released 6 months earlier from a 23-year 
sentence that he served in a prison for a previous rape and sexual 
assault in Minnesota. In fact, the Minnesota Department of Corrections 
had rated Mr. Rodriguez a ``type 3'' sexual offender, meaning that he 
was at the highest risk for reoffending.
  In an evaluation conducted in January 2003, a little over a year ago, 
a prison psychiatrist wrote that Mr. Rodriguez had demonstrated ``a 
willingness to use substantial force, including the use of a weapon, in 
order to gain compliance from his victims.''

[[Page 5439]]

  Yet Mr. Rodriguez was released in May of 2003--not yet a year ago--by 
the Minnesota Department of Corrections. He had served 23 years; he had 
served his full sentence, and the Department of Corrections released 
him and imposed no further supervision for his release.
  The Minnesota Department of Corrections could have recommended that 
the State Attorney General seek what is known as a civil commitment. 
That means a State court would have required Rodriguez to be confined 
in prison as long as he posed a significant threat to the public, even 
if he had already served his original sentence. But the Attorney 
General was not notified of Mr. Rodriguez's release, and so no action 
was taken there.
  Upon his release, Mr. Rodriguez went to live in Crookston, MN, 
unsupervised, just a short distance from the Grand Forks, ND, shopping 
mall where Dru Sjodin was abducted. Mr. Rodriguez was listed on a list 
of sexual predators in Minnesota. But each State has listings of sexual 
predators. If concerned citizens in Grand Forks, ND, wanted to know 
whether there was a sexual predator living nearby, they would have 
accessed the North Dakota sexual predator list and would not have found 
Mr. Rodriguez's name, despite the fact that he lived just a short 
distance from that Grand Forks shopping center, across the state line.
  In my judgment, we have to do much, much better than that. A recent 
study found that 72 percent of the highest risk sexual offenders commit 
another sexual assault within 6 years of being released. And the Bureau 
of Justice statistics tell us that sex offenders released from prison 
are over 10 times more likely to be arrested for a sexual crime than 
individuals who have no record of sexual assault at all.
  We just cannot continue to release sexual predators from prison with 
no supervision whatsoever and let them prey on an unsuspecting public. 
So I have offered legislation that I hope will deal with some of the 
breakdowns that have occurred in this case. The legislation I have 
offered is cosponsored by Senator Coleman and Senator Dayton from 
Minnesota, and by my colleague, Senator Conrad, from North Dakota.
  I ask unanimous consent to add as a cosponsor Senator Johnson from 
South Dakota.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, I will define what the bill does. First, 
it directs the Department of Justice to create a national registry of 
sex offenders, which would be accessible to the public. This isn't 
difficult. You just aggregate the State lists so you have a national 
list. All Americans who live near State borders will be able to access 
that list.
  Second, this legislation will try to ensure that the highest risk sex 
offenders are not released at all. The bill requires that States 
provide automatic and timely notification to the States' attorneys of 
the planned release of any high-risk sex offender. Before the release, 
the State's attorney shall be formally notified. That will give them 
time to pursue civil commitment cases for those who are the most 
dangerous, in order to continue to keep them in prison. They are able 
to do that under current law. My bill doesn't change current State 
laws, but it requires notification of the States' attorneys when 
somebody who is a type 3 high-risk sexual predator is about to be 
released from prison.
  Third, the bill provides that for those high-risk sexual predators 
who are released after serving their full sentences, there will be 
intensive State supervision for a period of not less than one year.
  Mr. President, in developing this piece of legislation, we have 
worked with the National Center for Missing and Exploited Children, the 
Vanished Children's Alliance, the National Council of Cities, and many 
others. A companion bill to my legislation has been offered in the 
House by Paul Gillmor from Ohio and Earl Pomeroy of North Dakota. That, 
too, is a bipartisan piece of legislation.
  Dru Sjodin, was, by all accounts, a wonderful person. I visited with 
her family and with her roommate in college. It is a tragedy the likes 
of which we see very seldom in our part of the country. Dru Sjodin has 
been missing since December. They have had search parties, the National 
Guard has searched, and her family is still out searching even after 
the formal law enforcement search has discontinued.
  This young woman walked out of a shopping center in the town of Grand 
Forks, ND, and was abducted by someone who had just been released after 
23 years in prison as a sexual predator.
  We have to do a lot better than that to protect the American people. 
This is a tragedy. It is heartbreaking just to talk about this, but in 
the name of Dru Sjodin and so many other victims of crime, this 
Congress needs to do better.
  One way to do better is to create and require the creation of a 
national registry of sexual predators so that we know where they are 
and where they live, not just by State, but where they are across this 
country, so one can identify them by sorting ZIP Codes or any other 
definition one wants. That is important.
  And when the highest risk sexual predators are about to be released 
from American prisons, I believe States' attorneys must be notified so 
they can properly take action for civil commitment in cases where they 
believe it is necessary. Mr. Rodriguez, in my judgment, should have 
been in prison, not walking the streets of Grand Forks, ND.
  It is easy, perhaps, to suggest criticism of those who did not do 
their job. But that is not the point. The point is to try to protect 
others in the future. I hope in the future, whether it is in Grand 
Forks, ND, or along the streets of any other American city, that no 
one--no one--has to confront a sexual predator who was just released 
from prison, and who we knew was violent. We should anticipate such 
cases, and make use of civil commitment laws. I hope this legislation 
moves us in that direction.
  Mr. President, I thank the bipartisan cosponsors of this legislation 
and hope we can take action on this legislation in the Congress soon.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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