Bill in Congress - HR 1375

4-1-2009 National:

`No Parole for Sex Offenders Act'


Sponsor: Rep Chandler, Ben [KY-6]
Introduced 3/6/2009 Bill HR 1375


The STATED intent of the bill is: To ensure that sex offenders and sexually violent predators are not eligible for parole.


My Summary:
A bill to force states (under threat of denial of various grant money) to deny parole for any sexually violent predator, and SELECTED other offenders whose victims were minors, if a state has a system of parole. Further, if states complied it would substantially increase their prison costs to incarcerate to end of sentence. The bill is a clear violation of the 10th Amendment, and rights granted those offenders under state law. Further, since it is not applicable to any similar federal offenders it also violates the equal protection clauses. I would oppose this vindictive bill.


My Analysis:
Who the bill pertains to:

SEC. 2. REDUCTION OF GRANT AMOUNTS.

(a) In General- For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for a program referred to in subsection (b)(2), the State shall have in effect throughout the State laws and policies that prohibit parole for--

(1) any individual convicted of a criminal offense against a victim who is a minor; and

(2) any sexually violent predator.

(b) Compliance and Ineligibility-

(2) INELIGIBILITY FOR FUNDS- For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to fully implement this Act shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program, the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, or otherwise.
......

Crimes affected by this bill:

SEC. 3. DEFINITIONS.
For the purposes of this Act:

(1) CRIMINAL OFFENSE AGAINST A VICTIM WHO IS A MINOR- (A) The term `criminal offense against a victim who is a minor' means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the following range of offenses:

(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual offense against a minor;
(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 18, United States Code; or
(ix) an attempt to commit an offense described in any of clauses (i) through (viii), if the State--

(I) makes such an attempt a criminal offense; and
(II) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.

(B) For purposes of paragraph (1), conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.

(2) 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.

It doesn't take a rocket scientist to see this is a bill motivated by vindictiveness and a disbelief that courts are capable of forming a proper proportional sentence considering state laws and the circumstances of the case at sentencing time.

Notice the grant standard of compliance "fully implement," or in other words 100% with no exceptions. Would it not be prudent for a state to parole those dieing so that their costs are borne by the federal government? That is but one of many thoughts that go through my mind and makes me wonder why nothing of the like was even considered before writing this bill.

Now, if states complied then the states would incur additional costs to keep these offenders incarcerated until their maximum sentence, less credits if any. In today's financial climate is this prudent for states who are struggling to even keep the state running?

A careful review of one definition specifically "any conduct that by its nature is a sexual offense against a minor," tells us there is no reason to define anything else as this overrides everything except, exceptions pertaining to kidnapping crimes committed by parents.

Finally, there definitely must be something wrong in Congressional thinking when, for example: Child Fatalities which average 1,500 annually (See Child Maltreatment, 2006), are ignored and lesser crimes are targeted for additional punishment by denying them parole.

States need discretion, without legislation that cannot perceive future circumstances of every single incarcerated person, this bill removes such.

This bill screams vindictiveness!


I would OPPOSE this bill 100%. Contact lawmaker, with your views, by clicking on his/her name above, as well as your own folks in Congress. Today, folks can contact the Committee working on this bill, by simply clicking on the bill number above, going to the "Congressional Actions" section and find the name of the committee to contact.

Thanks,
eAdvocate

Note: To see all bills concerning sex offenders or their families currently in Congress simply click here. At the present time I do not review sex offender bills concerning Immigration or Appropriations, they get very involved and are time consuming.

Note: Full bill text WILL NOT be included in this blog because as time goes on bills are amended by Congressional Committees and also on the floor of either house, and it is too easy to confuse folks who may not realize that. Further, links to the bill in Congress will be provided so folks can always see the latest version of the bill.