December 9, 2009

States Face Obstacles Adopting Sex Offender Rules

Take note: Because of the Adam Walsh Act changes made by the Ohio legislature, Ohio now has some 26,000 lawsuits running through their court system. The cost of processing those lawsuits has to be astronomical, and delaying many other court actions.
12-9-2009 Illinois:

WSIL-TV-- Illinois is one of forty-nine states yet to decide if they'll comply with a federal sex offender law set to take effect in 2010.

If lawmakers don't adopt changes outlined in the Adam Walsh Child Protection and Safety Act of 2006 the state risks losing millions of dollars in federal grants.

If they do, a costly project lies ahead.

The Walsh Act creates a national sex offender registry. It also makes punishments for failing to register more severe. The hope is that the act will also make it tougher for sex offenders to cross state lines and disappear.

In Illinois lawmakers will have to approve some changes and the Illinois State Police will help implement them.

Illinois State Police Sex Offender Registration Unit supervisor Tracie Newton says that will be a task.

"Our tech people are telling us we need every minute that you can give us because there's going to be a lot of behind the scenes technology changes that are going to take place," Newton said.

She points out other difficulties as well.

The federal law requires sex offenders convicted as far back as 1955 be added to this registry.

"Back in the 1950s, 60s, 70s...that stuff was all on paper files. People are going to have a real difficult time calling the circuit clerks’ offices saying, ‘I need case information from 1955 case,’” Newton said.

The law also requires that sex offenders as young as 14 be added to the website. According to Newton, that could violate an Illinois juvenile court act.

Additionally, changes in the way sex offenders are classified could lead to lawsuits. In Ohio, the only state to adopt the act, the supreme court heard lawsuits from more than 26,000 sex offenders faced with new penalties after they’d served their time.

The concerns go on, but a lot of it comes down to money.

Some states estimate it could cost millions to make the changes.

If they don't adopt the Walsh Act, they could lose millions in grant money for law enforcement.

A spokesman says the Illinois Attorney General's office is examining the issue, but they're not ready to comment on whether or not they will be introducing legislation in the upcoming session.

The deadline to comply is July 2010, but that could be pushed back.

Advocates worry that delays put public safety at risk. ..Source.. Dana Jay

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