[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2363
To establish registration and tracking procedures and community
notification with respect to released sexually violent predators.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4 (legislative day, July 20), 1994
Mr. Gorton introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish registration and tracking procedures and community
notification with respect to released sexually violent predators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Sexually Violent Predators Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there exists a small but extremely dangerous group of
sexually violent persons who do not have a mental disease or
defect;
(2) persons who are sexually violent predators generally
have antisocial personality features that--
(A) are not amenable to mental illness treatment
modalities in existence on the date of enactment of
this Act; and
(B) render the persons likely to engage in sexually
violent behavior;
(3) the likelihood that sexually violent predators will
repeat acts of predatory sexual violence is high; and
(4) the prognosis for curing sexually violent predators is
poor and the treatment needs of the population of the predators
are very long-term.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Mental abnormality.--The term ``mental abnormality''
means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the person in a
manner that predisposes the person to the commission of
criminal sexual acts to a degree that makes the person a menace
to the health and safety of other persons.
(2) Predatory.--The term ``predatory'', with respect to an
act, means an act directed toward a stranger, or a person with
whom a relationship has been established or promoted, for the
primary purpose of victimization.
(3) Sexually violent offense.--The term ``sexually violent
offense'' means an act that is a violation of title 18, United
States Code or State criminal code that--
(A) involves the use or attempted or threatened use
of physical force against the person or property of
another person; and
(B) is determined beyond a reasonable doubt to be
sexually motivated.
(4) Sexually violent predator.--The term ``sexually violent
predator'' means a person who has been convicted of a sexually
violent offense and who suffers from a mental abnormality or
personality disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--In accordance with this section, the
Attorney General shall establish guidelines for State programs
to require a sexually violent predator to register a current
address with a designated State law enforcement agency upon
release from prison, being placed on parole, or being placed on
supervised release. The Attorney General shall approve each
State program that complies with the guidelines.
(2) State compliance.--
(A) Implementation date.--A State that does not
implement a program described in paragraph (1) by the
date that is 3 years after the date of enactment of
this Act, and maintain the implementation thereafter,
shall be ineligible for funds in accordance with
subparagraph (B).
(B) Ineligibility for funds.--
(i) In general.--A State that does not
implement the program as described in
subparagraph (A) shall not receive 10 percent
of the funds that would otherwise be allocated
to the State under section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756).
(ii) Reallocation of funds.--Funds made
available under clause (i) shall be
reallocated, in accordance with such section,
to such States as implement the program as
described in subparagraph (A).
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--
(1) In general.--An approved State program established in
accordance with this section shall contain the requirements
described in this section.
(2) Determination.--The determination that a person is a
``sexually violent predator'' and the determination that a
person is no longer a ``sexually violent predator'' shall be
made by the sentencing court after receiving a report by a
board of experts on sexual offenses. Each State shall establish
a board composed of experts in the field of the behavior and
treatment of sexual offenders.
(3) Notification.--If a person who is required to register
under this section is anticipated to be released from prison,
paroled, or placed on supervised release, a State prison
officer shall, not later than 90 days before the anticipated
date of the release or commencement of the parole--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing not later than 10 days after the change of
address;
(C) obtain the name of the person, identifying
factors, anticipated future residence, offense history,
and documentation of any treatment received for the
mental abnormality or personality disorder of the
person; and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(4) Transfer of information to state and the fbi.--Not
later than 3 days after the receipt of the information
described in paragraph (2), the officer shall forward the
information to a designated State law enforcement agency. As
soon as practicable after the receipt of the information by the
State law enforcement agency, the agency shall--
(A) enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency that has
jurisdiction over the area in which the person expects
to reside; and
(B) transmit the information to the Identification
Division of the Federal Bureau of Investigation.
(5) Quarterly verification.--
(A) Mailing to person.--Not less than every 90 days
after the date of the release or commencement of parole
of a person under paragraph (2), the designated State
law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the
person.
(B) Return of verification form.--
(i) In general.--The person shall return,
by mail, the verification form to the agency
not later than 10 days after the receipt of the
form. The verification form shall be signed by
the person, and shall state that the person
continues to reside at the address last
reported to the designated State law
enforcement agency.
(ii) Failure to return.--If the person
fails to mail the verification form to the
designated State law enforcement agency by the
date that is 10 days after the receipt of the
form by the person, the person shall be in
violation of this section unless the person
proves that the person has not changed the
residence address of the person.
(6) Notification of local law enforcement agencies of
changes in addresses.--Any change of address by a person
required to register under this section that is reported to the
designated State law enforcement agency shall as soon as
practicable be reported to the appropriate law enforcement
agency that has jurisdiction over the area in which the person
is residing.
(7) Penalty.--A person required to register under a State
program established pursuant to this section who knowingly
fails to register and keep the registration current shall be
subject to criminal penalties in the State. It is the sense of
Congress that the penalties should include imprisonment for not
less than 180 days.
(8) Termination of obligation to register.--The obligation
of a person to register under this section shall terminate on a
determination made in accordance with the provision of
paragraph (2) of this section that the person no longer suffers
from a mental abnormality or personality disorder that would
make the person likely to engage in a predatory sexually
violent offense.
(c) Community Notification.--The designated State law enforcement
agency shall release relevant information that is necessary to protect
the public concerning a specific sexually violent predator required to
register under this section.
(d) Immunity for Good Faith Conduct.--Law enforcement agencies,
employees of law enforcement agencies, and State officials shall be
immune from liability for any good faith conduct under this section.
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