Why We Need HR 305

                    The Honorable Louise M. Slaughter

                http://www.house.gov/slaughter/welcome.htm

             Information posted on Rep. Slaughter's Web Site:
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        H.R. 305, THE PROTECTION FROM SEXUAL PREDATORS ACT

                        WHY WE NEED HR 305

Louise Slaughter is fed up with a revolving door justice system that
treats sexual predators and child molesters the same as any other felon.
These individuals have sky-high recidivism rates, and most are
incurable.

In the 1994 Crime Bill, Congresswoman Slaughter got a national database
established so that local authorities will know when a sexual predator
is in their community. This is a valid first step, but when criminals
are still dangerous, they should stay behind bars. The Protection From
Sexual Predators Act will keep them there.

                   WHAT HR 305 WOULD ACCOMPLISH

Under the provisions of HR 305, sexual offenders can be arrested and
prosecuted in federal court for committing sex crimes. For sex crimes
which are second offenses, this legislation would mandate that the
federal penalty would be life in prison without parole. In addition, HR
305 conditions the awarding of Truth in Sentencing Incentive Grants to
states only if they allow their sentencing courts the option to imprison
sexual predators for life. Finally, HR 305 directs the Department of
Justice to conduct a study of sex offenders and report back to Congress.

If HR 305 was public law, child molesters like Patrick Distaffen would
be stopped in their tracks before preying on innocent children. Under
the provisions of HR 305, Distaffen would be punished with life
imprisonment under since he fled to avoid sentencing for child
molestation while still facing a second charge of sexually abusing
children.

Following is a section-by-section summary of HR 305:

Section 1. Findings and Sense of Congress.

                   SHORT TITLE AND ENACTING CLAUSE

Exhortative language about the approach many state judicial systems have
taken in dealing with sexual assault. The language is not legislatively
binding, but it expresses the sense of Congress that:
-- "Rape and sexual assault continue to be serious threats to the safety
of communities across America." -- "Sexual offenders are much more
likely than any other category of criminals to repeat their crimes again
and again, even after serving time in prison." -- "The average rape
sentence is just 10.5 years, and the average time served is less than
half of that, approximately five years." -- "States should more
seriously consider the relatively high recidivism rate of sexual
offenders when deciding whether to plea bargain with a first-time sexual
offender and whether to grant parole for sexual offenders." -- "States
should review their treatment and parole supervision programs for sexual
offenders to assure that these programs are fulfilling their goals, and,
if they are not, these programs should be immediately replaced or
abandoned."
Section 2. Federal jurisdiction over some serious sexual offenses.

The bill will allow federal prosecution of sexual assaults committed by
repeat offenders -- people who have been convicted of rape before in
either federal or state courts.

In cases that qualify for federal prosecution, the question of whether
to bring state charges, federal charges, or both is left to prosecutors
on the ground.

Those repeat offenders convicted under this section are automatically
sentenced to life in prison without parole. This tough sentence might
encourage local district attorneys to invite federal involvement in
prosecution, since many states would have far less severe punishments
available under their laws.

Section 3. Adding condition to Truth In Sentencing Incentive Grants.

The 1994 crime bill establishes "Truth In Sentencing Incentive Grants"
for states to increase their prison capacity. The federal funding would
only be available to states which took specific actions to increase
prison terms for violent offenders. Legislation approved by the House at
the beginning of the 104th Congress would alter the criteria for these
grants.

H.R. 713 adds one other condition for these grants: states are
ineligible if they do not allow their courts to sentence a repeat sex
offender to life in prison without possibility of parole. "Repeat sex
offenders" are defendants who have already served time for a serious sex
offense (such as rape, attempted rape, or child molestation) and have
just been convicted of another.

Currently, 11 states meet this condition. Another 22 states allow life
imprisonment but do not yet permit judges or juries to foreclose parole.

Section 4. Study of persistent sexual predators.

The bill will commission a report, either in NIJ or subcontracted to a
private entity, about the current state of research on persistent sexual
predators. The resulting report will synthesize current research in
psychology, sociology, criminal justice, and related fields. The report
will also recommend an agenda for future avenues of inquiry, both by
government and academia. Among the topics in the report:
-- Common characteristics of persistent sexual predators.
-- Recidivism rates.
-- Treatment techniques and their effectiveness.
-- Responses of offenders to treatment and to deterrence.
-- Possible preventive strategies.
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