[House Report 115-142]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-142
======================================================================
ADAM WALSH REAUTHORIZATION ACT OF 2017
_______
May 22, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1188]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1188) to reauthorize certain programs established by
the Adam Walsh Child Protection and Safety Act of 2006, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 8
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Duplication of Federal Programs.................................. 13
Disclosure of Directed Rule Makings.............................. 13
Performance Goals and Objectives................................. 13
Advisory on Earmarks............................................. 13
Section-by-Section Analysis...................................... 13
Changes in Existing Law Made by the Bill, as Reported............ 15
Additional Views................................................. 27
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2017''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $20,000,000 for each of the fiscal
years 2018 through 2022, to be available only for the SOMA program.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16941(b)) is amended to read as follows:
``(b) For each of fiscal years 2018 through 2022, of amounts made
available to the United States Marshals Service, not less than
$60,000,000 shall be available to carry out this section.''.
SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN
JUVENILES.
Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by
striking ``25 years'' and inserting ``15 years''.
SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.
Section 118(c) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16918(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph (3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any information about a sex offender for whom the
offense giving rise to the duty to register was an offense for
which the offender was adjudicated delinquent; and''.
SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE
PENALTY UNDER SORNA.
Section 125 of the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16925(a)) is amended--
(1) by striking ``jurisdiction'' each place it appears and
inserting ``State'';
(2) in subsection (a)--
(A) by striking ``subpart 1 of part E'' and inserting
``section 505(c)''; and
(B) by striking ``(42 U.S.C. 3750 et seq.)'' and
inserting ``(42 U.S.C. 3755(c))''; and
(3) by adding at the end the following:
``(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus Crime
Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is
subject to a reduction in funding under subsection (a) shall--
``(1) calculate the amount to be made available to units of
local government by the State pursuant to the formula under
section 505(c) using the amount that would otherwise be
allocated to that State for that fiscal year under section
505(c) of that Act, and make such amount available to such
units of local government; and
``(2) retain for the purposes described in section 501 any
amount remaining after the allocation required by paragraph
(1).''.
SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON
ENFORCEMENT OF REGISTRATION REQUIREMENTS.
Section 635 of the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16991) is amended--
(1) by striking ``Not later than July 1 of each year'' and
inserting ``On January 1 of each year,'';
(2) in paragraph (3), by inserting before the semicolon at
the end the following: ``, and an analysis of any common
reasons for noncompliance with such Act'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(5) by adding after paragraph (5) the following:
``(6) the number of sex offenders registered in the National
Sex Offender Registry;
``(7) the number of sex offenders registered in the National
Sex Offender Registry who--
``(A) are adults;
``(B) are juveniles; and
``(C) are adults, but who are required to register as
a result of conduct committed as a juvenile; and
``(8) to the extent such information is obtainable, of the
number of sex offenders registered in the National Sex Offender
Registry who are juveniles--
``(A) the percentage of such offenders who were
adjudicated delinquent; and
``(B) the percentage of such offenders who were
prosecuted as adults.''.
SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND
HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
SEC. 10. TRIBAL ACCESS PROGRAM.
The Attorney General is authorized to provide technical assistance,
including equipment, to tribal governments for the purpose of enabling
such governments to access, enter information into, and obtain
information from, Federal criminal information databases, as authorized
under section 534(d) of title 28, United States Code. The Department of
Justice Working Capital Fund (established under section 527 of title
28, United States Code) may be reimbursed by federally recognized
tribes for technical assistance provided pursuant to this section.
SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.
Section 116 of the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16916) is amended--
(1) by striking ``A sex offender shall'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), a sex
offender shall''; and
(2) by adding at the end the following:
``(b) Alternative Verification Method.--A jurisdiction may allow a
sex offender to comply with the requirements under subsection (a) by an
alternative verification method approved by the Attorney General,
except that each offender shall appear in person not less than one time
per year. The Attorney General shall approve an alternative
verification method described in this subsection prior to its
implementation by a jurisdiction in order to ensure that such method
provides for verification that is sufficient to ensure the public
safety.''.
SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE.
Section 111(8) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16911(8)) is amended by inserting ``subsection (a) or
(b) of'' before ``section 2241 of title 18, United States Code''.
SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
Section 634(c) of the Adam Walsh Child Protection and Safety Act of
2006 is amended by adding at the end the following:
``(3) Additional report.--Not later than one year after the
date of enactment of the Adam Walsh Reauthorization Act of
2017, the National Institute of Justice shall submit to
Congress a report on the public safety impact, recidivism, and
collateral consequences of long-term registration of juvenile
sex offenders, based on the information collected for the study
under subsection (a) and any other information the National
Institute of Justice determines necessary for such report.''.
Purpose and Summary
H.R. 1188, the Adam Walsh Reauthorization Act of 2017,
would reauthorize the two primary programs of the Adam Walsh
Act for five years: the Sex Offender Management Assistance
Program and the Sex Offender Registration and Notification Act
(``SORNA'')--for five years. H.R. 1188 also makes targeted
changes to the SORNA requirements to encourage SORNA
implementation, such as lowering the length of time certain
juveniles must register, allowing non-public registry of
juveniles, providing additional aid to tribal programs in
supervising offenders, and allowing alternate verification
methods for those in rural areas. H.R. 1188 also requires
adequate supervision of dangerous sex offenders by pretrial
services and parole officers, and amends the statute of
limitations to allow individuals who were victims of
exploitation or trafficking as juveniles to have 10 years after
becoming an adult to file suit for a civil remedy.
Background and Need for the Legislation
In 1994, Congress passed the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration
Act. This legislation mandated that states track violent sex
offenders and established guidelines for tracking those
offenders. Over the years, Congress continued its vigilance in
tracking sex offenders, which ultimately culminated in a
comprehensive piece of legislation titled the Adam Walsh Child
Protection and Safety Act of 2006 (``the Adam Walsh Act''). The
Adam Walsh Act created a new baseline standard for
jurisdictions to implement regarding sex offender registration
and notification, and expanded the number of sex offenses that
must be captured by registration jurisdictions. Additionally,
it created the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking (``SMART Office'')
within the Department of Justice's Office of Justice Programs,
to administer the standards for sex offender notification and
registration, administer the grant programs authorized by the
Adam Walsh Act, and coordinate related training and technical
assistance.
Title I of the Adam Walsh Act, the Sex Offender
Registration and Notification Act (``SORNA''),\1\ establishes
minimum national standards for sex offender registration and
notification in the jurisdictions to which it applies. The
class of offenders required to register includes anyone found
in the United States and previously convicted of a Federal,
State, local, tribal, military, or foreign ``qualifying
offense,'' although, strictly speaking, violations of the laws
of the District of Columbia or U.S. territories are not
specifically mentioned as qualifying offenses. Offenders must
register in each state or territory in which they live, work,
or attend school. There are five classes of qualifying
offenses: (1) crimes identified as one of the specific offenses
against a minor; (2) crimes in which some sexual act or sexual
conduct is an element; (3) designated federal sex offenses; (4)
specified military offenses; and (5) attempts or conspiracy to
commit any offense in the other four classes of qualifying
offenses. The inventory of qualifying offenses is subject to
exception. Conviction for an otherwise qualifying foreign
offense does not necessitate registration if it was not secured
in a manner that satisfies minimal due process requirements
under guidelines or regulations promulgated by the Attorney
General. Nor does conviction of a consensual sex offense
require registration if the victim is an adult not in the
custody of the offender, or if the victim is 13 years of age or
older and the offender is no more than four years older.
Finally, juvenile delinquency adjudications do not constitute
qualifying convictions unless the offender is 14 years of age
or older at the time of the misconduct and the misconduct
adjudicated is comparable to, or more severe than, aggravated
sexual assault or attempt or conspiracy to commit such an
offense.
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\1\42 U.S.C. Sec. 16901 et seq.
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Those required to register must provide their name, Social
Security number, the name and address of their employer(s), the
name and address of places where they attend school, and the
license plate numbers and descriptions of vehicles they own or
operate. The jurisdiction of registration must also include a
physical description and current photograph of the registrant
and a copy of his driver's license or government issued
identification card; a set of fingerprints, palm prints, and a
DNA sample; the text of the law under which he was convicted; a
criminal record that includes the dates of any arrests and
convictions, any outstanding warrants, as well as parole,
probation, supervisory release, and registration status; and
any other information required by the Attorney General. The
regularity with which registrants must appear for new
photographs and to verify their registration information
depends upon their status. It is at least every three months
for Tier III offenders. Tier II offenders must reappear no less
frequently than every six months. Tier I offenders must
reappear for new photographs and verification at least once a
year. Tier I offenders must maintain their registration for 15
years, which can be reduced to 10 years. Tier II offenders must
maintain their registration for 25 years. Tier III offenders
must maintain their registration for life, which can be reduced
to 25 years in certain cases.\2\
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\2\Tier III offenders are those convicted of a felony constituting
or at least comparable in severity to kidnaping (other than by a parent
or guardian); or to the felonious commission of, or attempt or
conspiracy to commit, abusive sexual contact against a child under 13
years of age, or sexual abuse or aggravated sexual abuse; or those who
have previously qualified as Tier II offenders at the time of
conviction. They must appear to verify registration every three months.
Tier II offenders must reappear no less frequently than every six
months. Tier II offenders are those with a felony conviction for
violation of either: one of several designated federal sex offenses (or
at least its equivalent in severity), or one of three generically
described sex offenses. The federal offenses are violations of 18
U.S.C. Sec. Sec. 1591 (sex trafficking), 2422(b) (use of a facility in
interstate or foreign commerce to coerce or entice a child to engage in
illicit sexual activity), 2423(a) (interstate transportation of a child
for illicit sexual purposes), 2244 (abusive sexual contact). The
generic offenses are use of a child in a sexual performance,
solicitation of a child to practice prostitution, and production or
distribution of child pornography. An offender is also a Tier II
offender who prior to the conviction triggering the registration
requirement was already been classified as a Tier I offender. Tier I
offenders are those required to register who are neither Tier II nor
Tier III offenders, and must reappear for new photographs and
verification at least once a year.
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The Act makes failure to register a federal crime for
offenders convicted of a federal qualifying offense, or who
travel in interstate commerce, or who travel in Indian country,
or who live in Indian country. Violations are punishable by
imprisonment for not more than 10 years and by an additional
penalty, to be served consecutively, of not less than five or
more than 30 years if the offender commits a crime of violence.
Moreover, violation exposes an offender to a term of supervised
release for not less than five years or for life. If the
offender is a foreign national, he becomes deportable upon
conviction.
The Act establishes, reinforces, and revives several grant
programs devoted to child and community safety. It also
includes a wide assortment of other provisions designed to
prevent, prosecute, or punish the victimization of children.
Among them are sections that broaden access to federal criminal
records information systems, create a national child abuse
registry, expand recordkeeping requirements for those in the
business of producing sexually explicit material, immunize
officials from civil liability for activities involving sexual
offender registration, and authorize and direct the Department
of Justice to establish and maintain a number of child
protective activities.
1. Challenges in the implementation of SORNA
SORNA provides a financial incentive for eligible
jurisdictions to adopt its standards by requiring a 10 percent
reduction of federal justice assistance funding to an eligible
jurisdiction if the Attorney General determines that the
jurisdiction has failed to ``substantially implement'' the
program. SORNA also directs the Attorney General to issue
guidelines and regulations to interpret and implement SORNA.
The SMART Office assists all jurisdictions in their SORNA
implementation efforts and determines whether the jurisdiction
has substantially implemented SORNA's requirements in their
registration and notification programs. ``Jurisdictions'' in
the relevant sense are the 50 states, the District of Columbia,
the five principal U.S. territories, and federally recognized
Indian tribes that satisfy certain criteria.\3\
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\3\42 U.S.C. Sec. 16911(10).
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Initially, states had until July 27, 2009, to comply with
provisions of the Act or face a 10 percent reduction to Byrne
law enforcement assistance grants. A one-year blanket extension
was granted by the Attorney General in May 2009. In 2010,
another extension was granted by the Attorney General to all
states that requested one; therefore, in order to receive
funding, states were to comply by July 2011.
To date, 128 jurisdictions (17 states, 108 tribes and 3
territories) have substantially implemented SORNA's
requirements. States that are not in substantial compliance
cite trouble complying with the retroactivity of the law; a
stated preference toward individualized assessment versus a
system based on crime of the offense; and a reluctance to place
juveniles on the registry, as hurdles toward coming into
compliance. Historically, the juvenile registration system has
faced the most scrutiny as the federal government attempts to
implement SORNA requirements across all jurisdictions. However,
the guidelines issued by the SMART office in August 2016
significantly allay the concerns jurisdictions had previously
expressed and allow jurisdictions with discretionary systems
for juveniles to be considered ``in compliance.''
2. Juvenile registration
Historically, one asserted problem for jurisdictions
declining to implement SORNA guidelines is the juvenile
registration requirement. Despite the guidelines yielding a
great deal of discretion in this arena, states are reporting a
large amount of push-back in placing juveniles on sex-offender
lists. In addition to requiring registration based on adult
convictions for sex offenses, SORNA includes as covered ``sex
offender[s]'' juveniles at least 14 years old who have been
adjudicated delinquent for particularly serious sex
offenses.\4\ In relation to the juvenile registration
requirement, as in other contexts, the SMART Office
``consider[s] on a case-by-case basis whether jurisdictions'
procedures that do not exactly follow the provisions of SORNA .
. . `substantially' implement SORNA, assessing whether the
departure from a SORNA requirement will or will not
substantially disserve the objectives of the requirement.''\5\
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\4\42 U.S.C. Sec. 16911(1), (8); see id. 16913 (setting forth
registration requirements).
\5\73 FR at 38048.
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The SORNA Guidelines, implemented in 2008, explained in
particular that substantial implementation of SORNA need not
include registration of juveniles adjudicated delinquent for
certain lesser offenses within the scope of SORNA's juvenile
registration provisions. The Guidelines stated that
jurisdictions can achieve substantial implementation if they
cover offenses by juveniles, at least 14 years old, that
consist of engaging (or attempting or conspiring to engage) in
a sexual act with another by force, the threat of serious
violence, or by rendering unconscious or drugging the
victim.\6\ This interpretation of substantial implementation
addressed concerns about the potential registration of
juveniles in some circumstances based on consensual sexual
activity with other juveniles, which is outside the scope of
the coverage required by the Guidelines.\7\
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\6\Id. at 38050.
\7\See id. at 38040-41.
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The Supplemental Guidelines, implemented in 2011, noted
that the SORNA Guidelines had endeavored to facilitate
jurisdictions' compliance with SORNA's registration requirement
for ``juveniles at least 14 years old who are adjudicated
delinquent for particularly serious sex offenses,'' but that
``resistance by some jurisdictions to public disclosure of
information about sex offenders in this class has continued to
be one of the largest impediments to SORNA implementation.''\8\
The Attorney General accordingly exercised his exemption
authority ``to allow jurisdictions to exempt from public . . .
disclosure information concerning sex offenders required to
register on the basis of juvenile delinquency
adjudications.''\9\ This exemption did not change the
requirement that such juveniles be registered and that
information about them be transmitted or made available ``to
the national (non-public) databases of sex offender
information, to law enforcement and supervision agencies.''
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\8\76 FR at 1636.
\9\Id.
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Most recently, the Juvenile Supplemental Guidelines,
effective August 1, 2016, asserted that if a jurisdiction does
not register juveniles at least 14 years old who are
adjudicated delinquent for particularly serious sex offenses in
exact conformity with SORNA's provisions--for example, because
the jurisdiction uses a discretionary process for determining
such registration--the SMART Office will examine the following
factors when assessing whether the jurisdiction has
nevertheless substantially implemented SORNA's juvenile
registration requirements: (i) policies and practices to
prosecute as adults juveniles who commit serious sex offenses;
(ii) policies and practices to register juveniles adjudicated
delinquent for serious sex offenses; and (iii) other policies
and practices to identify, track, monitor, or manage juveniles
adjudicated delinquent for serious sex offenses who are in the
community and to ensure that the records of their identities
and sex offenses are available as needed for public safety
purposes.
Thus, a state may be in substantial compliance with SORNA
even if it adopts an alternative process for dealing with
juvenile registration.
A. Legislation
H.R. 1188, the Adam Walsh Reauthorization Act of 2017,
would reauthorize the two primary programs of the Adam Walsh
Act--the Sex Offender Management Assistance Program and SORNA--
for five years. As explained, SORNA sets minimum guidelines for
state sex offender registries and establishes the Dru Sjodin
National Sex Offender Public Website, which is a comprehensive
national system for the registration and notification to the
public of sex offenders. The Sex Offender Management Assistance
Program provides funding to the states, tribes, and other
jurisdictions to offset the costs of implementing and enhancing
SORNA, and funding for the U.S. Marshals Service and other law
enforcement agencies to assist jurisdictions in locating and
apprehending sex offenders who violate registration
requirements.
H.R. 1188 also makes targeted changes to the SORNA
requirements, in order to encourage the implementation of the
Act. Notably, it gives states more flexibility in classifying
sex offenders on their registry, lowering the period that
juveniles must register from lifetime registration for a Tier
III offense to 15 years where the juvenile had maintained a
clean record. It would also permit states to limit public
access to juvenile sex offender information. The bill also
authorizes the Attorney General to provide technical assistance
to tribal governments so they can access, enter information
into, and obtain information from, Federal criminal information
databases. Furthermore, it provides an alternative verification
mechanism for in-person check-in, which would ease the burden
on some jurisdictions that must expend time and money keeping
track of offenders in rural areas.
Finally, H.R. 1188 amends the statute of limitations to
allow individuals who were victims of exploitation or
trafficking as juveniles to have 10 years after becoming an
adult to file suit for a civil remedy. The current statute of
limitations is 10 years. Children under 18, however, are unable
to bring a lawsuit, and the law currently gives these
individuals only three years after turning 18 to begin a
lawsuit. This provision would give individuals who were abused
as children a full 10 years from the time they are legally
allowed to bring suit to pursue civil remedies against their
abuser or trafficker.
Hearings
The Committee on the Judiciary held no hearings on H.R.
1188, but held a hearing on the subject of child exploitation
generally on March 16, 2017.
Committee Consideration
On March 22, 2017, the Committee met in open session and
ordered the bill H.R. 1188 favorably reported, an amendment, by
voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 1188.
1. An Amendment, offered by Mr. Conyers to give states
discretion in determining whether juveniles who have committed
aggravated sexual abuse should be placed on a sex offender
registry. The amendment was defeated by a roll call vote of 11
to 15.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA).................................. X
Mr. King (IA)..................................
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................
Mr. Poe (TX)................................... X
Mr. Chaffetz (UT).............................. X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ)................................. X
Mr. Conyers, Jr. (MI), Ranking Member.......... X
Mr. Nadler (NY)................................ X
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)............................... X
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 11 15
------------------------------------------------------------------------
2. An Amendment, offered by Ms. Jackson Lee to give
judicial discretion in determining whether juveniles over 14
adjudicated delinquent for aggravated sexual abuse should be
placed on a sex offender registry. The amendment was defeated
by a roll call vote of 11 to 17.
ROLLCALL NO. 2
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX)................................. X
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA)..................................
Mr. Franks (AZ)................................
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................
Mr. Poe (TX)................................... X
Mr. Chaffetz (UT).............................. X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ)................................. X
Mr. Conyers, Jr. (MI), Ranking Member.......... X
Mr. Nadler (NY)................................ X
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)............................... X
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 11 17
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1188, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 5, 2017.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1188, the Adam
Walsh Reauthorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Keith Hall.
Enclosure
cc: Honorable John Conyers Jr.
Ranking Member
Duplication of Federal Programs
H.R. 1188--Adam Walsh Reauthorization Act of 2017
As ordered reported by the House Committee on the Judiciary on March
22, 2017
Summary: H.R. 1188 would authorize the appropriation of $80
million annually over the 2018-2022 period for Department of
Justice (DOJ) activities related to the registration of sex
offenders. Assuming appropriation of the authorized amounts,
CBO estimates that implementing H.R. 1188 would cost $353
million over the 2018-2022 period.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1188 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1188 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1188 is shown in the following table.
The costs of this legislation fall within budget function 750
(administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
Increases in spending subject to appropriation
Authorization Level..................................... 80 80 80 80 80 400
Estimated Outlays....................................... 55 67 74 77 80 353
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted by the end of fiscal year 2017, the
authorized amounts will be appropriated each year, and outlays
will follow the historical rate of spending for the programs
authorized by the legislation. Specifically, the bill would:
Authorize the appropriation of $20 million
annually over the 2018-2022 period for DOJ to assist
state and local governments with registering and
monitoring sex offenders; and
Authorize the appropriation of $60 million
annually over the 2018-2022 period for the U.S.
Marshals Service to help local authorities locate and
apprehend sex offenders who do not comply with the
registration requirements.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 1188 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 1188
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Mark Grabowicz; Impact
on state, local, and tribal governments: Rachel Austin; Impact
on the private sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 1188 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1188 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1188 reauthorizes the Sex Offender Management Assitance program
and enforcement of the Sex Offender Registration and
Notification Act, and makes changes designed to encourage state
and tribal implementation of the Adam Walsh Act.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1188 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1--Short Title. This section cites the short title
of the bill as the ``Adam Walsh Reauthorization Act of 2017''.
Section 2--Authorization of Sex Offender Management
Assistance (SOMA). This section authorizes $20 million annually
for the SOMA program through Fiscal Year 2022. While a number
of other programs existed under the original Adam Walsh Act,
this is the only program which has ever been funded on an
annual basis.
Section 3--Reauthorization of Federal Assistance with
Respect to Violations of Registration Requirements. This
section reauthorizes funding for federal law enforcement,
including the United States Marshals Service, to assist local
jurisdictions in locating and apprehending sex offenders who
violate the registration requirements of their state. It
removes language authorizing ``such sums as may be necessary''
and authorizes $66.3 million annually through FY 2021. This is
consistent with recent appropriations for this program.
Section 4--Duration of Sex Offender Registration
Requirements for Certain Juveniles. In order for the states to
receive full funding under the law, they must be in
``substantial compliance'' with the standards Congress has set.
The Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking (SMART) Office at Department of
Justice works with the states to help them shape policy that
substantially complies with the Act's standards.
One of the standards Congress put in the original Act was a
requirement for a tiered system of classifying offenders. Tier
I offenders have to register for 15 years, Tier II for 25, and
Tier III for life. The law also allowed states to reduce those
requirements in certain cases. One such reduction was that a
juvenile adjudicated for a Tier III offense could petition for
de-registration at 25 years, if the offender kept a clean
record. This section reduces that time to 15 years.
This section would not apply to cases in which the minor
was prosecuted as an adult; it applies only to cases in which a
prosecutor decided to adjudicate the charge in the juvenile
system.
Section 5--Public Access to Juvenile Sex Offender
Information. This section adds an optional exemption to the
requirements of what needs to be made available on each state's
sex offender registry. Specifically, it gives states the option
to not list certain information about a juvenile offender who
was adjudicated delinquent. Similar to Section 4, this section
applies only to juveniles who are adjudicated delinquent, not
anyone prosecuted as an adult.
Section 6--Protection of Local Governments from State
Noncompliance Penalty under SORNA. This section makes technical
changes to the provision that encourages states to comply with
the Adam Walsh Act, to clarify that the Byrne JAG money that is
withheld is reserved for reallocation in accordance with 42
U.S.C. Sec. 16925(c).
Section 7--Comprehensive Examination of Sex Offender
Issues. This section requires reporting to Congress by January
1 of each year on implementation of the Adam Walsh Act. It
requires the report to include common reasons for noncompliance
across states as well as the number of adults and juveniles
(and those who are adults but registered for conduct committed
as a juvenile) registered in the National Sex Offender
Registry.
Section 8--Ensuring Supervision of Released Sexually
Dangerous Persons. This section requires parole officers and
pretrial service officers to stay informed as to the conduct
and provide supervision of ``sexually dangerous persons''
released into their supervision pursuant to 18 U.S.C.
Sec. 4248.
Section 9--Civil Remedy for Survivors of Exploitation and
Trafficking. This section amends the statute of limitations to
allow individuals who were victims of exploitation or
trafficking as juveniles to have 10 years after becoming an
adult to file suit for a civil remedy.
The current statute of limitations is 10 years. Children
under 18, however, are unable to bring a lawsuit, and the law
currently gives them three years after turning 18 to begin a
lawsuit. This provision would give individuals abused as
children a full 10 years from the time they are legally allowed
to bring suit, to pursue a civil remedy against their abuser or
trafficker.
Section 10--Tribal Access Program. This section authorizes
the Department of Justice to provide technical assistance to
Tribal law enforcement agencies for the purpose of obtaining
information from Federal criminal information databases,
pursuant to existing law.
Section 11--Alternative Mechanisms for In-Person
Verification. This section allows jurisdictions to establish
alternative means to comply with the in-person check in
requirement, provided that the Attorney General approves the
verification mechanism and every offender must appear in person
at least once per year.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
* * * * * * *
TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
* * * * * * *
Subtitle A--Sex Offender Registration and Notification
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX
OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD
PREDATORS.
In this title the following definitions apply:
(1) Sex offender.--The term ``sex offender'' means an
individual who was convicted of a sex offense.
(2) Tier i sex offender.--The term ``tier I sex
offender'' means a sex offender other than a tier II or
tier III sex offender.
(3) Tier ii sex offender.--The term ``tier II sex
offender'' means a sex offender other than a tier III
sex offender whose offense is punishable by
imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, when committed against a
minor, or an attempt or conspiracy to commit
such an offense against a minor:
(i) sex trafficking (as described in
section 1591 of title 18, United States
Code);
(ii) coercion and enticement (as
described in section 2422(b) of title
18, United States Code);
(iii) transportation with intent to
engage in criminal sexual activity (as
described in section 2423(a)) of title
18, United States Code;
(iv) abusive sexual contact (as
described in section 2244 of title 18,
United States Code);
(B) involves--
(i) use of a minor in a sexual
performance;
(ii) solicitation of a minor to
practice prostitution; or
(iii) production or distribution of
child pornography; or
(C) occurs after the offender becomes a tier
I sex offender.
(4) Tier iii sex offender.--The term ``tier III sex
offender'' means a sex offender whose offense is
punishable by imprisonment for more than 1 year and--
(A) is comparable to or more severe than the
following offenses, or an attempt or conspiracy
to commit such an offense:
(i) aggravated sexual abuse or sexual
abuse (as described in sections 2241
and 2242 of title 18, United States
Code); or
(ii) abusive sexual contact (as
described in section 2244 of title 18,
United States Code) against a minor who
has not attained the age of 13 years;
(B) involves kidnapping of a minor (unless
committed by a parent or guardian); or
(C) occurs after the offender becomes a tier
II sex offender.
(5) Amie zyla expansion of sex offense definition.--
(A) Generally.--Except as limited by
subparagraph (B) or (C), the term ``sex
offense'' means--
(i) a criminal offense that has an
element involving a sexual act or
sexual contact with another;
(ii) a criminal offense that is a
specified offense against a minor;
(iii) a Federal offense (including an
offense prosecuted under section 1152
or 1153 of title 18, United States
Code) under section 1591, or chapter
109A, 110 (other than section 2257,
2257A, or 2258), or 117, of title 18,
United States Code;
(iv) a military offense specified by
the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119
(10 U.S.C. 951 note); or
(v) an attempt or conspiracy to
commit an offense described in clauses
(i) through (iv).
(B) Foreign convictions.--A foreign
conviction is not a sex offense for the
purposes of this title if it was not obtained
with sufficient safeguards for fundamental
fairness and due process for the accused under
guidelines or regulations established under
section 112.
(C) Offenses involving consensual sexual
conduct.--An offense involving consensual
sexual conduct is not a sex offense for the
purposes of this title if the victim was an
adult, unless the adult was under the custodial
authority of the offender at the time of the
offense, or if the victim was at least 13 years
old and the offender was not more than 4 years
older than the victim.
(6) Criminal offense.--The term ``criminal offense''
means a State, local, tribal, foreign, or military
offense (to the extent specified by the Secretary of
Defense under section 115(a)(8)(C)(i) of Public Law
105-119 (10 U.S.C. 951 note)) or other criminal
offense.
(7) Expansion of definition of ``specified offense
against a minor'' to include all offenses by child
predators.--The term ``specified offense against a
minor'' means an offense against a minor that involves
any of the following:
(A) An offense (unless committed by a parent
or guardian) involving kidnapping.
(B) An offense (unless committed by a parent
or guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section
1801 of title 18, United States Code.
(G) Possession, production, or distribution
of child pornography.
(H) Criminal sexual conduct involving a
minor, or the use of the Internet to facilitate
or attempt such conduct.
(I) Any conduct that by its nature is a sex
offense against a minor.
(8) Convicted as including certain juvenile
adjudications.--The term ``convicted'' or a variant
thereof, used with respect to a sex offense, includes
adjudicated delinquent as a juvenile for that offense,
but only if the offender is 14 years of age or older at
the time of the offense and the offense adjudicated was
comparable to or more severe than aggravated sexual
abuse (as described in subsection (a) or (b) of section
2241 of title 18, United States Code), or was an
attempt or conspiracy to commit such an offense.
(9) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a
notification program, maintained by a jurisdiction.
(10) Jurisdiction.--The term ``jurisdiction'' means
any of the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the
requirements of section 127, a federally
recognized Indian tribe.
(11) Student.--The term ``student'' means an
individual who enrolls in or attends an educational
institution, including (whether public or private) a
secondary school, trade or professional school, and
institution of higher education.
(12) Employee.--The term ``employee'' includes an
individual who is self-employed or works for any other
entity, whether compensated or not.
(13) Resides.--The term ``resides'' means, with
respect to an individual, the location of the
individual's home or other place where the individual
habitually lives.
(14) Minor.--The term ``minor'' means an individual
who has not attained the age of 18 years.
* * * * * * *
SEC. 115. DURATION OF REGISTRATION REQUIREMENT.
(a) Full Registration Period.--A sex offender shall keep the
registration current for the full registration period
(excluding any time the sex offender is in custody or civilly
committed) unless the offender is allowed a reduction under
subsection (b). The full registration period is--
(1) 15 years, if the offender is a tier I sex
offender;
(2) 25 years, if the offender is a tier II sex
offender; and
(3) the life of the offender, if the offender is a
tier III sex offender.
(b) Reduced Period for Clean Record.--
(1) Clean record.--The full registration period shall
be reduced as described in paragraph (3) for a sex
offender who maintains a clean record for the period
described in paragraph (2) by--
(A) not being convicted of any offense for
which imprisonment for more than 1 year may be
imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of
supervised release, probation, and parole; and
(D) successfully completing of an appropriate
sex offender treatment program certified by a
jurisdiction or by the Attorney General.
(2) Period.--In the case of--
(A) a tier I sex offender, the period during
which the clean record shall be maintained is
10 years; and
(B) a tier III sex offender adjudicated
delinquent for the offense which required
registration in a sex registry under this
title, the period during which the clean record
shall be maintained is [25 years] 15 years.
(3) Reduction.--In the case of--
(A) a tier I sex offender, the reduction is 5
years;
(B) a tier III sex offender adjudicated
delinquent, the reduction is from life to that
period for which the clean record under
paragraph (2) is maintained.
SEC. 116. PERIODIC IN PERSON VERIFICATION.
[A sex offender shall] (a) In General._Except as provided
in subsection (b), a sex offender shall appear in person, allow
the jurisdiction to take a current photograph, and verify the
information in each registry in which that offender is required
to be registered not less frequently than--
(1) each year, if the offender is a tier I sex
offender;
(2) every 6 months, if the offender is a tier II sex
offender; and
(3) every 3 months, if the offender is a tier III sex
offender.
(b) Alternative Verification Method.--A jurisdiction may
allow a sex offender to comply with the requirements under
subsection (a) by an alternative verification method approved
by the Attorney General, except that each offender shall appear
in person not less than one time per year. The Attorney General
shall approve an alternative verification method described in
this subsection prior to its implementation by a jurisdiction
in order to ensure that such method provides for verification
that is sufficient to ensure the public safety.
* * * * * * *
SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE
INTERNET.
(a) In General.--Except as provided in this section, each
jurisdiction shall make available on the Internet, in a manner
that is readily accessible to all jurisdictions and to the
public, all information about each sex offender in the
registry. The jurisdiction shall maintain the Internet site in
a manner that will permit the public to obtain relevant
information for each sex offender by a single query for any
given zip code or geographic radius set by the user. The
jurisdiction shall also include in the design of its Internet
site all field search capabilities needed for full
participation in the Dru Sjodin National Sex Offender Public
Website and shall participate in that website as provided by
the Attorney General.
(b) Mandatory Exemptions.--A jurisdiction shall exempt from
disclosure--
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that
did not result in conviction; and
(4) any other information exempted from disclosure by
the Attorney General.
(c) Optional Exemptions.--A jurisdiction may exempt from
disclosure--
(1) any information about a tier I sex offender
convicted of an offense other than a specified offense
against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the
sex offender is a student; [and]
(4) any information about a sex offender for whom the
offense giving rise to the duty to register was an
offense for which the offender was adjudicated
delinquent; and
[(4)] (5) any other information exempted from
disclosure by the Attorney General.
(d) Links.--The site shall include, to the extent
practicable, links to sex offender safety and education
resources.
(e) Correction of Errors.--The site shall include
instructions on how to seek correction of information that an
individual contends is erroneous.
(f) Warning.--The site shall include a warning that
information on the site should not be used to unlawfully
injure, harass, or commit a crime against any individual named
in the registry or residing or working at any reported address.
The warning shall note that any such action could result in
civil or criminal penalties.
* * * * * * *
SEC. 125. FAILURE OF JURISDICTION TO COMPLY.
(a) In General.--For any fiscal year after the end of the
period for implementation, a [jurisdiction] State that fails,
as determined by the Attorney General, to substantially
implement this title shall not receive 10 percent of the funds
that would otherwise be allocated for that fiscal year to the
[jurisdiction] State under [subpart 1 of part E] section 505(c)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 [(42 U.S.C. 3750 et seq.)] (42 U.S.C. 3755(c)).
(b) State Constitutionality.--
(1) In general.--When evaluating whether a
[jurisdiction] State has substantially implemented this
title, the Attorney General shall consider whether the
[jurisdiction] State is unable to substantially
implement this title because of a demonstrated
inability to implement certain provisions that would
place the [jurisdiction] State in violation of its
constitution, as determined by a ruling of the
jurisdiction's highest court.
(2) Efforts.--If the circumstances arise under
paragraph (1), then the Attorney General and the
[jurisdiction] State shall make good faith efforts to
accomplish substantial implementation of this title and
to reconcile any conflicts between this title and the
jurisdiction's constitution. In considering whether
compliance with the requirements of this title would
likely violate the jurisdiction's constitution or an
interpretation thereof by the jurisdiction's highest
court, the Attorney General shall consult with the
chief executive and chief legal officer of the
[jurisdiction] State concerning the jurisdiction's
interpretation of the jurisdiction's constitution and
rulings thereon by the jurisdiction's highest court.
(3) Alternative procedures.--If the [jurisdiction]
State is unable to substantially implement this title
because of a limitation imposed by the jurisdiction's
constitution, the Attorney General may determine that
the [jurisdiction] State is in compliance with this Act
if the [jurisdiction] State has made, or is in the
process of implementing reasonable alternative
procedures or accommodations, which are consistent with
the purposes of this Act.
(4) Funding reduction.--If a [jurisdiction] State
does not comply with paragraph (3), then the
[jurisdiction] State shall be subject to a funding
reduction as specified in subsection (a).
(c) Reallocation.--Amounts not allocated under a program
referred to in this section to a [jurisdiction] State for
failure to substantially implement this title shall be
reallocated under that program to jurisdictions that have not
failed to substantially implement this title or may be
reallocated to a [jurisdiction] State from which they were
withheld to be used solely for the purpose of implementing this
title.
(d) Rule of Construction.--The provisions of this title that
are cast as directions to jurisdictions or their officials
constitute, in relation to States, only conditions required to
avoid the reduction of Federal funding under this section.
(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus
Crime Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a
State which is subject to a reduction in funding under
subsection (a) shall--
(1) calculate the amount to be made available to
units of local government by the State pursuant to the
formula under section 505(c) using the amount that
would otherwise be allocated to that State for that
fiscal year under section 505(c) of that Act, and make
such amount available to such units of local
government; and
(2) retain for the purposes described in section 501
any amount remaining after the allocation required by
paragraph (1).
SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.
(a) In general.--The Attorney General shall establish and
implement a Sex Offender Management Assistance program (in this
title referred to as the ``SOMA program''), under which the
Attorney General may award a grant to a jurisdiction to offset
the costs of implementing this title.
(b) Application.--The chief executive of a jurisdiction
desiring a grant under this section shall, on an annual basis,
submit to the Attorney General an application in such form and
containing such information as the Attorney General may
require.
(c) Bonus Payments for Prompt Compliance.--A jurisdiction
that, as determined by the Attorney General, has substantially
implemented this title not later than 2 years after the date of
the enactment of this Act is eligible for a bonus payment. The
Attorney General may make such a payment under the SOMA program
for the first fiscal year beginning after that determination.
The amount of the payment shall be--
(1) 10 percent of the total received by the
jurisdiction under the SOMA program for the preceding
fiscal year, if that implementation is not later than 1
year after the date of enactment of this Act; and
(2) 5 percent of such total, if not later than 2
years after that date.
[(d) Authorization of Appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated such sums as may be necessary to
the Attorney General, to be available only for the SOMA
program, for fiscal years 2007 through 2009.]
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Attorney General $20,000,000 for each of
the fiscal years 2018 through 2022, to be available only for
the SOMA program.
* * * * * * *
Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex
Offender Compliance With Registration and Notification Requirements and
Protection of Children From Violent Predators
* * * * * * *
SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION
REQUIREMENTS.
(a) In General.--The Attorney General shall use the resources
of Federal law enforcement, including the United States
Marshals Service, to assist jurisdictions in locating and
apprehending sex offenders who violate sex offender
registration requirements. For the purposes of section
566(e)(1)(B) of title 28, United States Code, a sex offender
who violates a sex offender registration requirement shall be
deemed a fugitive.
[(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2007 through 2009 to implement this section.]
(b) For each of fiscal years 2018 through 2022, of amounts
made available to the United States Marshals Service, not less
than $60,000,000 shall be available to carry out this section.
* * * * * * *
TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY
SAFETY
* * * * * * *
Subtitle C--Grants, Studies, and Other Provisions
* * * * * * *
SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
(a) In General.--The National Institute of Justice shall
conduct a comprehensive study to examine the control,
prosecution, treatment, and monitoring of sex offenders, with a
particular focus on--
(1) the effectiveness of the Sex Offender
Registration and Notification Act in increasing
compliance with sex offender registration and
notification requirements, and the costs and burdens
associated with such compliance;
(2) the effectiveness of sex offender registration
and notification requirements in increasing public
safety, and the costs and burdens associated with such
requirements;
(3) the effectiveness of public dissemination of sex
offender information on the Internet in increasing
public safety, and the costs and burdens associated
with such dissemination; and
(4) the effectiveness of treatment programs in
reducing recidivism among sex offenders, and the costs
and burdens associated with such programs.
(b) Recommendations.--The study described in subsection (a)
shall include recommendations for reducing the number of sex
crimes against children and adults and increasing the
effectiveness of registration requirements.
(c) Reports.--
(1) In general.--Not later than 5 years after the
date of enactment of this Act, the National Institute
of Justice shall report the results of the study
conducted under subsection (a) together with findings
to Congress, through the Internet to the public, to
each of the 50 governors, to the Mayor of the District
of Columbia, to territory heads, and to the top
official of the various Indian tribes.
(2) Interim reports.--The National Institute of
Justice shall submit yearly interim reports.
(3) Additional report.--Not later than one year after
the date of enactment of the Adam Walsh Reauthorization
Act of 2017, the National Institute of Justice shall
submit to Congress a report on the public safety
impact, recidivism, and collateral consequences of
long-term registration of juvenile sex offenders, based
on the information collected for the study under
subsection (a) and any other information the National
Institute of Justice determines necessary for such
report.
(d) Appropriations.--There are authorized to be appropriated
$3,000,000 to carry out this section.
SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS.
[Not later than July 1 of each year] On January 1 of each
year,, the Attorney General shall submit a report to Congress
describing--
(1) the use by the Department of Justice of the
United States Marshals Service to assist jurisdictions
in locating and apprehending sex offenders who fail to
comply with sex offender registration requirements, as
authorized by this Act;
(2) the use of section 2250 of title 18, United
States Code (as added by section 151 of this Act), to
punish offenders for failure to register;
(3) a detailed explanation of each jurisdiction's
compliance with the Sex Offender Registration and
Notification Act, and an analysis of any common reasons
for noncompliance with such Act;
(4) a detailed description of Justice Department
efforts to ensure compliance and any funding
reductions, the basis for any decision to reduce
funding or not to reduce funding under section 125;
[and]
(5) the denial or grant of any extensions to comply
with the Sex Offender Registration and Notification
Act, and the reasons for such denial or grant[.];
(6) the number of sex offenders registered in the
National Sex Offender Registry;
(7) the number of sex offenders registered in the
National Sex Offender Registry who--
(A) are adults;
(B) are juveniles; and
(C) are adults, but who are required to
register as a result of conduct committed as a
juvenile; and
(8) to the extent such information is obtainable, of
the number of sex offenders registered in the National
Sex Offender Registry who are juveniles--
(A) the percentage of such offenders who were
adjudicated delinquent; and
(B) the percentage of such offenders who were
prosecuted as adults.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
* * * * * * *
Sec. 2255. Civil remedy for personal injuries
(a) In General.--Any person who, while a minor, was a victim
of a violation of section 1589, 1590, 1591, 2241(c), 2242,
2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of
this title and who suffers personal injury as a result of such
violation, regardless of whether the injury occurred while such
person was a minor, may sue in any appropriate United States
District Court and shall recover the actual damages such person
sustains and the cost of the suit, including a reasonable
attorney's fee. Any person as described in the preceding
sentence shall be deemed to have sustained damages of no less
than $150,000 in value.
(b) Statute of Limitations.--Any action commenced under this
section shall be barred unless the complaint is filed within 10
years after the right of action first accrues or in the case of
a person under a legal disability, not later than [three years]
10 years after the disability ends.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial
officer, prior to the pretrial release hearing,
information pertaining to the pretrial release of each
individual charged with an offense, including
information relating to any danger that the release of
such person may pose to any other person or the
community, and, where appropriate, include a
recommendation as to whether such individual should be
released or detained and, if release is recommended,
recommend appropriate conditions of release; except
that a district court may direct that information not
be collected, verified, or reported under this
paragraph on individuals charged with Class A
misdemeanors as defined in section 3559(a)(6) of this
title.
(2) Review and modify the reports and recommendations
specified in paragraph (1) of this section for persons
seeking release pursuant to section 3145 of this
chapter.
(3) Supervise persons released into its custody under
this chapter.
(4) Operate or contract for the operation of
appropriate facilities for the custody or care of
persons released under this chapter including
residential halfway houses, addict and alcoholic
treatment centers, and counseling services, and
contract with any appropriate public or private agency
or person, or expend funds, to monitor and provide
treatment as well as nontreatment services to any such
persons released in the community, including equipment
and emergency housing, corrective and preventative
guidance and training, and other services reasonably
deemed necessary to protect the public and ensure that
such persons appear in court as required.
(5) Inform the court and the United States attorney
of all apparent violations of pretrial release
conditions, arrests of persons released to the custody
of providers of pretrial services or under the
supervision of providers of pretrial services, and any
danger that any such person may come to pose to any
other person or the community, and recommend
appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies
which serve or are eligible to serve as custodians
under this chapter and advise the court as to the
eligibility, availability, and capacity of such
agencies.
(7) Assist persons released under this chapter in
securing any necessary employment, medical, legal, or
social services.
(8) Prepare, in cooperation with the United States
marshal and the United States attorney such pretrial
detention reports as are required by the provisions of
the Federal Rules of Criminal Procedure relating to the
supervision of detention pending trial.
(9) Develop and implement a system to monitor and
evaluate bail activities, provide information to
judicial officers on the results of bail decisions, and
prepare periodic reports to assist in the improvement
of the bail process.
(10) To the extent provided for in an agreement
between a chief pretrial services officer in districts
in which pretrial services are established under
section 3152(b) of this title, or the chief probation
officer in all other districts, and the United States
attorney, collect, verify, and prepare reports for the
United States attorney's office of information
pertaining to the pretrial diversion of any individual
who is or may be charged with an offense, and perform
such other duties as may be required under any such
agreement.
(11) Make contracts, to such extent and in such
amounts as are provided in appropriation Acts, for the
carrying out of any pretrial services functions.
(12)(A) As directed by the court and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and the Attorney General or his
designee.
(B) Any violation of the conditions of release shall
immediately be reported to the court and the Attorney
General or his designee.
(13) If approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe.
(14) Perform, in a manner appropriate for juveniles,
any of the functions identified in this section with
respect to juveniles awaiting adjudication, trial, or
disposition under chapter 403 of this title who are not
detained.
(15) Perform such other functions as specified under
this chapter.
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
SUBCHAPTER A--PROBATION
* * * * * * *
Sec. 3603. Duties of probation officers
A probation officer shall--
(1) instruct a probationer or a person on supervised
release, who is under his supervision, as to the
conditions specified by the sentencing court, and
provide him with a written statement clearly setting
forth all such conditions;
(2) keep informed, to the degree required by the
conditions specified by the sentencing court, as to the
conduct and condition of a probationer or a person on
supervised release, who is under his supervision, and
report his conduct and condition to the sentencing
court;
(3) use all suitable methods, not inconsistent with
the conditions specified by the court, to aid a
probationer or a person on supervised release who is
under his supervision, and to bring about improvements
in his conduct and condition;
(4) be responsible for the supervision of any
probationer or a person on supervised release who is
known to be within the judicial district;
(5) keep a record of his work, and make such reports
to the Director of the Administrative Office of the
United States Courts as the Director may require;
(6) upon request of the Attorney General or his
designee, assist in the supervision of and furnish
information about, a person within the custody of the
Attorney General while on work release, furlough, or
other authorized release from his regular place of
confinement, or while in prerelease custody pursuant to
the provisions of section 3624(c);
(7) keep informed concerning the conduct, condition,
and compliance with any condition of probation,
including the payment of a fine or restitution of each
probationer under his supervision and report thereon to
the court placing such person on probation and report
to the court any failure of a probationer under his
supervision to pay a fine in default within thirty days
after notification that it is in default so that the
court may determine whether probation should be
revoked;
(8)(A) when directed by the court, and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and to the Attorney General or his
designee; and
(B) immediately report any violation of the
conditions of release to the court and the Attorney
General or his designee;
(9) if approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe; and
(10) perform any other duty that the court may
designate.
* * * * * * *
Additional Views
We support H.R. 1188, the ``Adam Walsh Reauthorization Act
of 2017,'' which reauthorizes funds for certain grant programs
originally established by the Adam Walsh Child Protection and
Safety Act of 2006\1\ (Adam Walsh Act) and reduces the duration
of sex offender registration requirements for certain juveniles
from 25 years to 15 years. Although the bill reauthorizes two
important grant programs and is an improvement over current
law, we are disappointed that it fails to take the opportunity
to address many of the problems that jurisdictions encounter
when trying to implement the Sex Offender Registration and
Notification Act (SORNA), which is codified in title I of the
Adam Walsh Act. We write separately to highlight some of the
concerns we continue to have with SORNA.
---------------------------------------------------------------------------
\1\Pub. L. No. 109-248 (2006).
---------------------------------------------------------------------------
The Subcommittee on Crime, Terrorism, Homeland Security,
and Investigations (Subcommittee) has held two oversight
hearings in recent years related to issues presented by the
legislation.\2\ Much of the discussion at these hearings
focused on SORNA, which created a national registry for all sex
offenders. States and advocates have informed the Committee of
the numerous obstacles that jurisdictions encounter when
attempting to implement SORNA. Although H.R. 1188 is an
improvement over current law, it does not fully address the
myriad of persistent problems with SORNA.
---------------------------------------------------------------------------
\2\Combating Crimes Against Children--Assessing the Legal
Landscape: Hearing Before the Subcomm. on Crime, Terrorism, Homeland
Security, and Investigations of the H. Comm. on the Judiciary, 115th
Cong. (2017); The Reauthorization of the Adam Walsh Act: Hearing Before
the Subcomm. on Crime, Terrorism and Homeland Security of the H. Comm.
on the Judiciary, 112th Cong. (2011).
---------------------------------------------------------------------------
For many years, those who originally advocated for sex
offender registration and notification, along with state
governments, policy makers, and other stakeholders have raised
several issues with the federal standards of sex offender
registration and notification. Issues involving the overarching
noncompliance of states with SORNA requirements include: the
cost of implementation; rigid, one-size-fits-all standards;
disagreement with the inclusion of juveniles; SORNA's
preemption of state classification systems, many of which are
more stringent than SORNA, for one based solely on offense or
conviction; conviction-based tiers of offenders; retroactivity;
notification of offenders' international travel; SORNA's
onerous verification and notification requirements; and
registration of sex offenders in the military. The overall
effectiveness of SORNA has also been called into question, with
many critics arguing that state systems are better than SORNA
and that the federal standards are overzealous.\3\
---------------------------------------------------------------------------
\3\Donna Lyons, Director, Criminal Justice Program, National
Conference of State Legislatures. Sex Offender Law: Down to the Wire.
(June 2011).
---------------------------------------------------------------------------
To achieve substantial implementation status, a state must
have policies that either fully meet or do not substantially
disserve the purpose of each standard. States that fall short
of these criteria for one or more standards do not receive
substantial implementation status. States that fail to
substantially implement SORNA face a ten percent reduction to
the state portion of federal Edward Byrne Memorial Justice
Assistance Grant funding.\4\ Although several states have
chosen to accept this penalty, the majority of noncompliant
states have applied to have these funds reallocated and used to
implement SORNA.\5\
---------------------------------------------------------------------------
\4\42 U.S.C. Sec. 16925 (2017).
\5\42 U.S.C. Sec. 16925(c) (2017) allows jurisdictions that lose
funds for failure to substantially implement SORNA to receive the funds
solely for implementation of SORNA.
---------------------------------------------------------------------------
SORNA is an unfunded federal mandate on states,
territories, and tribes that requires most jurisdictions to
make significant, costly changes to their existing registries
and governing legislation to meet SORNA requirements. SORNA
authorized grants for states to assist with the implementation
of Sex Offender Registry requirements and Community Oriented
Policing Services (COPS) grantees may use grant funds to ensure
sex offender registration and notification compliance.\6\ Yet,
the costs to states for implementing and maintaining a SORNA
compliant registry far exceed the amounts received in federal
funding. Some states actually save money by not implementing
SORNA, regardless of losing Byrne JAG funding. For example,
Texas estimated that ``implementation of all SORNA's
requirements would cost Texas more than 30 times the amount of
federal funds that the federal government has threatened to
withhold from Texas if it fails to comply.''\7\
---------------------------------------------------------------------------
\6\SORNA established the Sex Offender Management Assistance (SOMA)
program to award grants to jurisdictions to offset the costs of
implementing SORNA; See 42 U.S.C. Sec. 3796dd(b)(14) (2017); Nathan
James, Community Oriented Policing Services (COPS): Background,
Legislation, and Funding, Congressional Research Serv, Report, RL33308
(Jan. 4, 2011).
\7\Letter from the State of Texas, Office of the Governor, to Linda
M. Baldwin, Director, SMART Office (Aug. 17, 2011).
---------------------------------------------------------------------------
Certain juveniles, adjudicated delinquent of a sex offense,
must be included on registries under SORNA.\8\ The juvenile
registration and reporting requirement is one of the most
common obstacles to states' substantial implementation of
SORNA. States that do not meet the SORNA standard requiring
jurisdictions to include various types of sex offenders are
typically cited for failure to include certain juveniles on
their registries.\9\
---------------------------------------------------------------------------
\8\42 U.S.C. Sec. 16911(8) (2017). SORNA requires registration of
juveniles who are adjudicated delinquent for offenses equivalent to or
more severe than aggravated sexual abuse (as described in 18 U.S.C.
Sec. 2241) who were 14 years old or older at the time of the offense.
\9\Andrew J. Harris & Christopher Lobanov-Rostovsky. National Sex
Offender Registration and Notification Act (SORNA) Implementation
Inventory: Preliminary Results. (July 2016).
---------------------------------------------------------------------------
According to the Office of Sentencing, Monitoring,
Apprehending, Registering, and Tracking (SMART) report
published in September of 2015, 11 states have chosen not to
comply with this mandate, which means that these states do not
register any juveniles adjudicated delinquent of a sex offense.
In addition, 26 states mandate juvenile registration pursuant
to SORNA standards; 11 make registration discretionary; and
three operate a hybrid registration determination that combines
the nature of the offense and other criteria.\10\ Of the states
that register juveniles, 16 mandate public registry website
posting, nine make posting discretionary, and 15 prohibit
posting. The SMART Office issued the Juvenile Supplemental
Guidelines to SORNA on August 1, 2016, which permit the office
to expand the substantial implementation inquiry and review
additional factors set forth in the Guidelines if a
jurisdiction does not conform to SORNA juvenile registration
requirements.\11\
---------------------------------------------------------------------------
\10\Dep't of Justice, Office of Justice Programs, Office of Sex
Offender Sentencing, Monitoring, Apprehending, Registering, and
Tracking, SMART Summary: Prosecution, Transfer, and Registration of
Serious Juvenile Sex Offenders (2015).
\11\Dep't of Justice, Office of the Attorney General, Supplemental
Guidelines for Juvenile Registration Under the Sex Offender
Registration and Notification Act, 81 Fed.Reg. 50,552 (Aug. 1, 2016).
---------------------------------------------------------------------------
Several states and advocacy groups object to the juvenile
requirement without inclusion of judicial discretion. Other
states and advocacy groups would rather exclude juveniles from
registration completely. SORNA, as applied to youth, undermines
the fundamental purpose and objective of the juvenile justice
system by removing the confidentiality and rehabilitative
emphasis of juvenile intervention. Hundreds of thousands of
children from juvenile courts, some as young as eight years
old, have been placed on sex-offense registries despite the
lack of evidence that registration has any deterrent effect on
youth or promotes public safety. These young people face
psychological harm, social alienation, and long-lasting life
obstacles as a result of registration. Some are forced from
their homes due to housing restrictions or even separated from
their family units.\12\
---------------------------------------------------------------------------
\12\Human Rights Watch. Raised on the Registry: The Irreparable
Harm of Placing Children on Sex Offender Registries in the U.S. (2013);
Nicole Pittman, The Center on Youth Registration Reform at Impact
Justice. Removing Children from the Adam Walsh Act.
---------------------------------------------------------------------------
Research shows that juvenile sexual offending is very
different from adult sexual offending and that registering
youth is not an effective response to their conduct or an
appropriate method to prevent youth sexual offending. The
motives behind their offenses are different from those of most
adults who commit sexual offenses. An overwhelming percentage
of youth who are accused of sex offenses do not reoffend
sexually, especially when provided with appropriate treatment.
As referenced in a letter sent to members of the Judiciary
Committee, ``studies found that, regardless of the severity of
the sex offense, 97 percent of all youth never reoffend
sexually.''\13\
---------------------------------------------------------------------------
\13\Letter to Chairman Bob Goodlatte, Ranking Member Conyers, &
Members, House Judiciary Committee from Impact Justice, National
Alliance to End Sexual Violence, R Street Institute, Stop Child
Predators et al. (Mar. 22, 2017) (citing Sharon E. Denniston & Michael
F. Caldwell, Answering the Call to Study the Effects of Juvenile SORN:
Lessons from Two Studies, Presented October 15, 2015 at the ATSA 34th
Annual Research and Treatment Conference, Montreal, Quebec, Canada).
---------------------------------------------------------------------------
Rather than seeking to fully exclude juveniles from
registration during the Committee's consideration of this bill,
Ranking Member, John Conyers, Jr., offered a compromise
amendment that would have given states' discretion as to
whether they would require registration of juveniles
adjudicated delinquent for sex offenses. Many more states would
be in compliance if they were allowed to make the decision as
to whether to include juveniles in their registries.
Unfortunately, the amendment failed by a vote of 11 to 15.
Similarly, an amendment offered by Subcommittee Ranking Member
Sheila Jackson Lee that would have given judges the discretion
to decide whether adjudicated juveniles should be required to
register also failed by a vote of 11 to 17. Fortunately,
another amendment offered by Ranking Member Jackson Lee, which
requires the National Institute of Justice to prepare and
submit a report on the public safety, recidivism, and
collateral consequences of long-term registration of juveniles,
passed by voice vote. Hopefully, that report will support
review and future revision of the SORNA guidelines as applied
to juveniles.
While section 4 of H.R. 1188 addresses juvenile
registration by shortening the time period after which a
juvenile can petition to be taken off the sex offender
registry, it does little to assist states in achieving SORNA
compliance. Under this provision, the time period is shortened
from 25 years to 15 years, which means that a 14-year old who
is placed on the registry would have to wait until age 29 to
ask to be removed, despite the fact that research suggests that
registration in the first place is counter-productive for
juveniles since their recidivism rate is less than 3
percent.\14\ Section 4 is an improvement to an otherwise overly
harsh and counterproductive policy, but it does not go far
enough.
---------------------------------------------------------------------------
\14\More than 100 published studies evaluating the recidivism rates
of youth who have sexually offended: the weighted 5-year sexual
recidivism rate for recent years was 2.75%. Michael Caldwell,
Quantifying the Decline in Juvenile Sexual Recidivism Rates. 22
Psychology, Pub. Pol'y & L. 414 (2016); Michael Caldwell, Study
Characteristics and Recidivism. Int'l J. Of Offender Therapy & Comp.
Criminology, 54, 197-212 (2010).
---------------------------------------------------------------------------
In addition to the issues with respect to juvenile
registration, SORNA's overall prescriptive scheme has proven
overly burdensome and expensive to law enforcement, who are
charged with carrying out these requirements. For example,
SORNA requires that some sex offenders appear in person and
verify the information every three months. States, in
conjunction with their local law enforcement, should be given
the discretion to decide how often a sex offender's address
should be verified, and how to notify its community about the
presence of a sex offender. Similarly, a state should be able
to determine whether it places people on its registry
retroactively. Law enforcement is required to monitor too many
people, leaving communities vulnerable. A recent study by the R
Street Institute found that registering youth costs as much as
$3 billion per year nationally. Cluttering registries with low-
risk individuals, like adolescents or adults required to
register for offenses committed in their youth, lessens the
effectiveness of the registries by consuming resources that
could be spent elsewhere. Time and money that could be used for
supervision of high-risk offenders and training officers in
preventive measures is spent monitoring individuals who are
unlikely to reoffend.\15\
---------------------------------------------------------------------------
\15\Naomi J. Freeman & Jeffrey C. Sandler, The Adam Walsh Act: A
False Sense of Security or an Effective Public Policy Initiative, 21
Criminal Justice Pol'y Rev. 1 (Mar. 2010).
---------------------------------------------------------------------------
While the previously discussed issues are the primary
reasons that so few jurisdictions have been able to comply with
SORNA, many more states would be able to comply with just a few
changes that H.R. 1188 fails to address. Virtually all of the
changes that should be made are based on giving states
discretion in decisions concerning sex offenders within their
own states. For example, many more states would be in
compliance if they were allowed to modify their existing
classification systems to comply with SORNA. Researchers have
questioned whether the SORNA classification scheme is best. One
study indicated that SORNA's tier classification ``is a poor
indicator of relative risk and is likely to result in a system
that is less effective in protecting the public'' than the
classification systems currently implemented in the states
studied, and encouraged broader inclusion of ``evidence-based
models of sex offender risk assessment and management.''\16\
Furthermore, the Attorney General should have discretion to
determine whether to impose the Byrne JAG penalty on a
jurisdiction, and how much of a penalty to assess. This would
allow the Attorney General to take into account the efforts
that a jurisdiction has made toward complying with SORNA, even
if the SMART Office has not yet found it to be in compliance.
Section 6 of the bill only insulates local governments from
suffering losses of Byrne JAG funding as a result of their
state's failure to comply with SORNA.
---------------------------------------------------------------------------
\16\Kristen M. Zgoba et al., A Multi-State Recidivism Study Using
Static-99R and Static-2002 Risk Scores and Tier Guidelines from the
Adam Walsh Act, Research Report Submitted to the National Institute of
Justice, at 1 (Nov. 2012).
---------------------------------------------------------------------------
Finally, H.R. 1188 does not re-authorize all of the grant
programs in the Adam Walsh Act and excludes some critical
programs, such as grants for the treatment of sex offenders
while incarcerated within the Bureau of Prisons and grants for
juvenile sex offenders.
For these reasons, we support the grant reauthorizations
provided for in this bill and the reduction of the juvenile
registration duration, but believe the Committee missed the
opportunity to address significant SORNA issues that have
persisted since enactment of the Adam Walsh Act.
Mr. Conyers, Jr.
Ms. Lofgren.
Ms. Jackson Lee.
Mr. Johnson, Jr.
Mr. Gutierrez.
Mr. Richmond.
Mr. Jeffries.
[all]