By Rhea Arledge

Status of Select Federal Legislation1

Appropriations

H.R. 5672, Appropriations for the Departments of State, Justice, Commerce & Federal Science Programs Act FY 2007

Before the Congressional August recess, H.R. 5672 was considered by the Senate Subcommittee on Appropriations and the full Committee on Appropriations on July 11 and 13 respectively. The bill, as amended, was favorably reported out of the Committee on Appropriations on July 13 and subsequently placed on the Senate’s legislative calendar for action. If passed by the full Senate, the differences between the Senate and House versions will need to be reconciled in a conference committee. As a result, there remains significant work to be done before the end of the fiscal year on September 30. Given the limited time, the adoption of a continuing resolution is very likely to fund these programs through at least the election recess.

Following are highlights of the appropriations recommendations contained in the Senate Committee report (Report No. 109-280) available at http://thomas.loc.gov/cgi-bin/cpquery/R?cp109:FLD010:@1(sr280):

State & Local Law Enforcement Assistance Programs

• Byrne-JAG discretionary program: $120 million
• Byrne-JAG formula program: $465.126 million
• Drug Courts: $15 million
• Capital Litigation: $7 million
• State Criminal Alien Assistance Program (SCAAP): $100 million (less $29 million designated for the Southwest Border Prosecutor Initiative)
• Mentally Ill Offenders: $5 million
• Sex Offender Registry: $1.984 million
• Drug Monitoring Program: $0
• State & Local Law Enforcement Intelligence Capabilities: $0

Community Oriented Policing Services Programs

• Methamphetamine Hot Spots: $85 million
• Project Safe Neighborhood/Anti-Gang Initiative: $30 million ($4.5 million designated for state and local prosecutor training)
• DNA Initiative (Backlog Grants): $175.5 million
• Paul Coverdell Forensic Science: $18 million
• Offender Re-entry: $5 million

Office of Juvenile Justice and Delinquency Prevention

• Juvenile Accountability Block Grant: $50 million
• Gang Resistance and Education Program: $20 million
• State Formula Grants: $73 million
• Victims of Child Abuse Grants: $20 million ($4 million designated for Regional Child Advocacy Centers Program)

Office on Violence Against Women Programs

• Total funding for VAWA Programs: $390 million
• STOP Grants (formula): $181.608 million

For additional details and a comparison of the Senate report recommendations to the bill as passed by the House, please see the most recent appropriations chart at www.ndaa.org.

H.R. 5576, Appropriations for the Departments of Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia and Independent Agencies Act 2007

The Senate Committee on Appropriations ordered H.R. 5576 to be reported out of committee on July 20. On July 26, Senator Christopher Bond (R-MO) reported the bill with written report 109-293. The committee report recommends, in part, that the High Intensity Drug Trafficking Area Program (HIDTA) remain in the Office of National Drug Control Policy. The report specifically states: “This program is an important function of ONDCP and should not be transferred.”

In addition, the Senate Committee on Appropriations report recommends that the program be funded at $227 million ($2.270 million more than the FY 2006 enacted level). The legislation has been placed on the Senate legislative calendar for action.

Sex Offender Registration and Notification

H.R. 4472, the Adam Walsh Child Protection and Safety Act of 20062

On June 20, H.R. 4472 the Child Safety and Violent Crime Reduction Act of 2006 was passed, as amended, by the full Senate by a voice vote. On July 25, the House suspended the rules and agreed to the Senate amendments by voice vote. On July 27, President Bush signed H.R. 4472 as amended and re-titled into law. (Public Law No. 109-248 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ248.109)

Following are highlights from Title I of the bill which will most directly impact state and local governments. For the complete synopsis of the bill, please see www.ndaa.org.

Title I, H.R. 4472 specifically establishes a comprehensive national system for the registration of sex offenders and offenders against children, in part by creating the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program which:

• Expands the definition of “sex offense” to include specified offenses against minors which also trigger the registration and notification requirements. Specified offenses against minors include kidnapping, false imprisonment, solicitation to engage in sexual conduct, use in a sexual performance, solicitation to practice prostitution, video voyeurism, possession/production/distribution of child pornography, criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct, and any conduct that by its nature is a sex offense against a minor.
  
  
• Expands the registration requirements to include individuals adjudicated delinquent as a juvenile for the qualifying offense but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse or was an attempt or conspiracy to commit such an offense.
  
  
• Mandates that each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of Title I. Failure by a jurisdiction to substantially implement the requirements shall result in a ten percent reduction in the jurisdiction’s receipt of Byrne-JAG funds. Each jurisdiction has three years after the date of enactment or one year after the date on which the software is available (whichever date is later) to implement the registry.
  
  
• Mandates that sex offenders and offenders against children register (within three days after sentencing if not imprisoned) and keep registration information current (within three days of change) in the jurisdiction where they reside; where they are employed; where they are attending school; and where they incurred the conviction if different from their jurisdiction of residence. Requires in-person verification on a periodic basis depending on the level of sex offender i.e. Tier I—once a year; Tier II—every six months; and Tier III—every three months. The level of sex offender classification is based on the nature of the offense.
  
  
• Mandates that all jurisdictions make the failure to register in accordance with Title I requirements a felony.
  
  
• Mandates that sex offenders provide the following information for the registry
  
  
  • name
  • social security number
  • address of residence or future residence
  • address of employment or future employment
  • address of place where offender is a student or will be a student
  • license plate number and description of any vehicle owned or operated
  • any other information required by the attorney general
    
    
• Mandates that jurisdictions provide the following information for the registry:
  
  
  • Sex offender’s physical description
  • Definition of the criminal offense for which offender is registered
  • Sex offender’s criminal history
  • Current photograph of the offender
  • Fingerprints and palm prints of the sex offender
  • DNA sample of the sex offender
  • Photocopy of the offender’s driver’s license or identification card
  • Any other information required by the attorney general
    
    
• Provides varying registration duration periods dependent on the level of sex offender i.e. Tier I—15 years; Tier II—25 years; and Tier III—life. There are provisions for the reduction of the registration durations for Tier I and Tier III (juvenile offenders) based upon the maintenance of a “clean record” by the offender. Reductions are also based on the Tier classification system i.e. Tier I—duration is reduced from 15 years to 10 years. A “clean record” is defined as not being convicted of a felony or a sex offense; successfully completing periods of supervised release, probation, and parole and successfully completing an appropriate sex offender treatment program certified by the jurisdiction or attorney general.
  
  
• Mandates that the following three databases will be maintained:
  
  
  • Jurisdictions must make available on the Internet all information about each sex offender in the registry. The public must be able to access the information by a single query for a given zip code or geographic radius set by the user.
    
  • The attorney general shall maintain a national database at the FBI to be known as the “National Sex Offender Registry.” All updated information must be forwarded to the relevant jurisdictions.
  • A public Web site (Dru Sjodin National Sex Offender Public Web site) shall be established and include relevant information for each sex offender and other person listed on a jurisdiction’s Internet site.
    
    
• Creates the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program which requires that upon registration or updating of a registration, an appropriate official must immediately provide the information/update to the following:
  
  
  • Attorney general for inclusion in the National Sex Offender Registry.
  • Appropriate law enforcement agencies; schools; public housing agencies where the offender is residing, employed or attending school.
  • Each jurisdiction where the offender is a resident, employee or student.
  • Agencies responsible for conducting employment-related background checks.
  • Child protection services entities.
  • Volunteer organizations where contact with minors or vulnerable individuals may occur.
  • Organizations; companies or individuals who request notification.
    
    
• Requires that the attorney general develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites after consultation with the jurisdictions. (Software is due within two years of the date of enactment.)
  
  
• Requires that the attorney general establish and implement a Sex Offender Management Assistance Program (SOMA) for awarding grants to jurisdictions to offset the costs of implementation of Title I. (Appropriations for this specific program are authorized for FY 2007–2009 in amounts as may be necessary.)
  

Mandates that the attorney general after consultation with the secretary of State and the secretary of Homeland Security:

• Establish/maintain a system to inform jurisdictions about persons entering the United States who require registration under Title I.
  
  
• Provides immunity for good faith conduct by the federal government, jurisdictions, political subdivisions of jurisdictions and their agencies, officers, employees and agents.
  
  
• Requires within six months of enactment, the establishment of a Project Safe Childhood program which:
  
  
  • Integrates federal, state and local efforts to investigate and prosecute child exploitation cases;
  • Coordinates major cases by the Department of Justice;
  • Increases federal involvement in child pornography and enticement cases by providing additional investigative tools and increased penalties;
  • Trains federal, state and local law enforcement;
  • Provides community awareness and education programs through partnerships.
    
    
• Requires the expansion of training and technology efforts by the attorney general to respond to the threat from sex offenders who use the Internet to solicit or otherwise exploit children.
  
  
• Establishes within the Department of Justice the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office) to administer the standards for sex offender registration and notification programs; administer grants authorized by Title I; and provide technical assistance to states and localities.

S. 2786 & H.R. 4381 (FEMA Database Access)

H.R. 4381 was introduced on November 17, 2005, by Representative Ted Poe (R-TX) and subsequently referred to the Committee on Government Reform and the Committee on Transportation and Infrastructure. On November 18, the bill was referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management. Currently the bill has 34 co-sponsors.

H.R. 4381, if enacted, would amend Title 5 of the United States Code to allow another agency or an instrumentality of any governmental jurisdiction within or under the control of the United States to access databases maintained by the Federal Emergency Management Agency for compliance with the federal and state sex offender registries and community notification laws.

H.R. 4381 also provides that as a condition of receiving federal funds pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) a nongovernmental organization providing evacuation assistance must ensure that it will disclose to a jurisdiction upon written request, those records maintained by the organization, if the purpose of disclosure is to comply with federal or state sex offender registries and notification law.

The companion bill, S. 2786 was introduced on May 11, 2006, by Senator David Vitter (R-LA) and referred to the Committee on Homeland Security and Governmental Affairs. To date there are no co-sponsors for the legislation.

Prisoner Re-Entry

S. 1934 & H.R. 1704, the Second Chance Act3

On July 26, H.R. 1704, the Second Chance Act of 2006: Community Safety through Recidivism Prevention was ordered to be reported, as amended, to the full House of Representatives by a voice vote of the Committee on the Judiciary. It has been reported that House and Senate staff have reached a compromise on the legislation language. Updates will be provided as additional information is available.

Proposed in the compromise legislation are the following additions to H.R. 1704, as introduced in the House of Representatives. Grant funding for a variety of new programs and initiatives to address prisoner re-entry is included. Specifically the proposals would provide grant funding for new state and local re-entry courts. Funding would be limited to $500,000 per grantee for the purposes of monitoring offenders upon release from prison, jail, or juvenile delinquency facility and providing comprehensive re-entry services. In addition, grant funding for the creation of Comprehensive and Continuous Offender Re-entry Task Forces would be available and authorized for appropriations in the amount of $20 million during Fiscal Years 2007–2009. Grants to develop and implement prosecution drug treatment alternatives to prison programs would also be available. Such programs would require the consent of the prosecutor for participation. Family substance abuse treatment alternatives to incarceration would be made possible through grant funding ($10 million authorized for Fiscal Years 2007–2009). The alternative program would be available to felony, non-violent parent drug offenders.

Funding would also be available for prison-based family treatment programs for incarcerated parents of minor children, provided no domestic violence or child abuse is involved ($20 million authorized for fiscal years 2007–2009). To ensure that the educational programs being offered in prisons, jails and juvenile facilities are efficacious, $5 million has been authorized for appropriations (Fiscal Years 2007–2009) for the evaluation of educational methods being provided to offenders and $10 million (Fiscal Years 2007–2009) would be provided to improve those educational services being provided.

To address substance abuse issues in offenders re-entering the community, the proposed compromise would fund demonstration programs ($20 million for Fiscal Years 2007–2009) to reduce drug use and recidivism in long-term substance abusers; provide for offender drug treatment incentive grants ($10 million for Fiscal Years 2007–2009) to improve the provision of drug treatment to offenders in prisons, jail and juvenile facilities; award grants to ensure the availability and delivery of new pharmacological drug treatment services offered in prison and jail ($10 million for Fiscal Years 2007–2009); and fund the public and private study of the effectiveness of the use of depot naltrexone for heroin addiction ($5 million for Fiscal Years 2007–2009).

Were the draft language to be adopted, the Bureau of Prisons would be required to develop a policy on mentoring contacts so that mentors within the prison system would be permitted to continue their services after the offender’s release. In addition, federal prisons would be required to establish prisoner re-entry programs for a prisoner’s initial phase by providing education; identification procurement; development of pre-release planning procedures; assurance of federal/state benefits eligibility upon release; and establishment of procedures to support the parent/child relationship.

Lastly, the director of the Bureau of Prisons would be required to conduct a pilot program to determine the effectiveness of removing each eligible elderly offender and placing them on home detention for the duration of their sentence. For this purpose $10 million would be authorized to be appropriated during Fiscal Years 2007–2009.

The Senate companion bill, S. 1934,4 was referred to the Committee on the Judiciary for consideration on October 25, 2005. To date the legislation has 33 co-sponsors.

Federal/State Relations

H.R. 4132, the Law Enforcement Cooperation Act of 2005

H.R. 4132, sponsored by Representative William Delahunt (D-MA) and co-sponsored by Representative Daniel Lungren (R-CA), was introduced on October 25, 2005. In July 2006 the bill was considered by the Committee on the Judiciary and ordered to be reported, as amended, by voice vote. On July 14 the bill was reported and placed on the Union Calendar. Currently, there is no companion bill in the Senate.

This legislation, if enacted, would make it a criminal offense for officers or employees of the Federal Bureau of Investigation, who obtain knowledge in the course of their official duty pertaining to a crime of violence that violates the law of a state or other place within the United States, and knowingly fail to promptly notify the chief law enforcement officer and any local prosecuting official that the officer or employee reasonably should know has jurisdiction over the matter. The offense would be punishable by fines as authorized by Title 18 of the United States Code and a term of imprisonment no longer than five years.

The committee’s full report can be accessed at http://thomas.loc.gov/cgi-bin/cpquery/R?cp109:FLD010:@1(hr564).

Endnotes

1 This article was prepared on September 8, 2006. As a result, information contained herein may be outdated at the time of publication. If you have any questions regarding the status of the information provided please contact Rhea Arledge at either 703.519.1679 or rhea.arledge@ndaa.org.

2 For additional background information on the legislation, please see pages 14, 44-45 of the March/April issue of The Prosecutor.

3 For a discussion of legislative history and explanation of the legislation as introduced please see page 46 of the May/June issue of The Prosecutor.

4 S. 1934 was sponsored by Judiciary Committee chairman, Arlen Specter (R-PA) and introduced on October 27, 2005.