| Sex-Offenders:
History
Prior to 1994 few states required convicted sex offenders to register
their addresses with local law enforcement. As recognition of the severity
of this problem grew, Congress passed the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Act, 42 U.S.C.
§§14071, et seq. ("Wetterling Act").
This requires state implementation of a sex-offender registration program
or a 10 percent forfeiture of federal funds for state and local law
enforcement under the Byrne Grant Program of the U.S. Department of
Justice. Today, all fifty states and Washington, D.C. have sex offender
registries.
The realization registration alone was not enough came after the tragic
murder of 7-year-old Megan Kanka by a released sex offender living on
her street. The public outcry created a call for programs to provide
the public with information regarding released sex offenders. In 1996
Congress passed a federal law mandating state community notification
programs.
Megan's Law, section (e) of the Wetterling
Act, requires all states to conduct community notification but does
not set out specific forms and methods, other than requiring the creation
of internet sites containing state sex-offender information. Beyond
that requirement, states are given broad discretion in creating their
own policies.
The Challenge
There are currently more than half a million registered sex offenders
in the United States. Sex offenders pose an enormous challenge for policy
makers: they evoke unparalleled fear among constituents; their offenses
are associated with a great risk of psychological harm; and most of their
victims are children and youth. As policy makers address the issue of
sex offenders, they are confronted with some basic realities
- Most sex offenders are not in prison, and those who are tend to serve
limited sentences
- Most sex offenders are largely unknown to people in the community
- Sex offenders have a high risk of re-offending
- While community supervision and oversight is widely recognized as
essential, the system for providing such supervision is overwhelmed
Loopholes in Current State Programs
Despite states' implementation of the Jacob Wetterling
Act, the increased mobility of our society has led to "lost"
sex offenders. The "lost" are those who fail to comply with
registration duties yet remain undetected due to the inconsistencies among
state laws, coupled with the burden faced by authorities to keep track
of the increasing number of offenders.
The U.S. Congress recognized this problem and acted. The Adam Walsh Child
Protection and Safety Act was signed into law on July 27, 2006. This sweeping
new law mandates specific registration requirements for sex offenders
in all states. Once all the states come into compliance with the Adam
Walsh Act, within three years, the disparities among the state registration
laws will be eliminated and sex offenders will no longer be able to slip
through the cracks in the system.
In addition, the Adam Walsh Act mandates that specified information
about sex offenders must be released to the public. Each state must create
a publicly-accessible and searchable website that provides consistent
information about the offenders in its registry. This will create a better
tool for the public in their efforts to protect themselves from sex offenders
living in their communities.
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