Should Sex Offender Registration Requirements be Re-Authorized? (H.R. 1188)

What is H.R. 1188?

(Updated October 17, 2019)

This bill would reauthorize several sex offender registration requirements and programs through the 2022 fiscal year, in addition to making reforms to the programs. It would amend its predecessor, the Adam Walsh Child Protection and Safety Act of 2006, to require the Dept. of Justice (DOJ) to provide additional data in its annual report on the enforcement of sex offender registration requirements.

Among the specific reauthorizations and changes this bill would make include:

• Reauthorizing the Sex Offender Management Assistance program through fiscal year 2022, which helps states and localities implement the sex offender registry

• Reauthorizing the U.S. Marshals Service’s activities related to locating and apprehending sex offenders who violate registration requirements through fiscal year 2022;

• Reducing the required registration period from 25 years to 15 years for juvenile delinquent sex offenders who maintain a clean record.

• Allowing states, Indian tribes, or territories to exempt information about juvenile delinquent sex offenders from being disclosed on a public website.

• Specifying how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state’s JAG funds are reduced for not complying with sex offender registration and notification standards.

• Establishing an alternative method for complying with the in-person verification requirement.

The federal criminal code would be amended by this bill in two ways:

• The duties of probation and pretrial services officers would include the court-ordered supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with medical, psychiatric, or psychological treatment.

• Extend the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such an individual reaches age 18.

Argument in favor

Sex offender registration programs are too important for Congress to allow their authorization to lapse, and this bill takes care of that while making important adjustments to them.

Argument opposed

This reauthorization shouldn’t make any changes to existing law or the current sex offender registration programs.

Impact

Sex offenders; U.S. Marshals and others tasked with enforcing sex offender registration requirements; state and local law enforcement; and the federal government.

Cost of H.R. 1188

The CBO estimates that enacting this bill would cost $353 million over the 2018-2022 period.

Additional Info

In-Depth: Sponsoring Rep. Jim Sensenbrenner (R-WI) introduced this reauthorization bill to build on the “public safety success” of the Adam Walsh Act, and added:

“Childhood sexual abuse is a serious problem facing the nation, and the devastation it causes impacts every societal group, and lasts a lifetime for its victims and their loved ones. Reauthorizing the Adam Walsh Protection and Safety Act would ensure efforts continue to prevent the ongoing sexual exploitation of our nation’s children.”

This legislation was passed by the House Judiciary Committee on a voice vote, and has the support of seven bipartisan cosponsors in the House including five Republicans and two Democrats.

Media:

• Sponsoring Rep. Jim Sensenbrenner (R-WI) Press Release
  
• CBO Cost Estimate
  
• Urban Milwaukee
  
• National Association of Police Officers (In Favor)
  
• Women’s Congressional Policy Institute (In Favor)