42 USC § 14071.
Jacob Wetterling Crimes Against Children and Sexually Violent Offender
Registration Program
(a) In
general
(1) State
guidelines
The Attorney
General shall establish guidelines for State programs that require??
(A) a person who is convicted of a criminal offense against a victim
who is a minor or who is convicted of a sexually violent offense to register
a current address for the time period specified in subparagraph (A) of
subsection (b)(6) of this section; and
(B) a person who is a sexually violent predator to register a current
address unless such requirement is terminated under subparagraph (B) of
subsection (b)(6) of this section.
(2) Determination
of sexually violent predator status; waiver; alternative measures
(A) In
general
A determination
of whether a person is a sexually violent predator for purposes of this
section shall be made by a court after considering the recommendation of
a board composed of experts in the behavior and treatment of sex offenders,
victims' rights advocates, and representatives of law enforcement agencies.
(B) Waiver
The Attorney
General may waive the requirements of subparagraph (A) if the Attorney
General determines that the State has established alternative procedures
or legal standards for designating a person as a sexually violent predator.
(C) Alternative
measures
The Attorney
General may also approve alternative measures of comparable or greater
effectiveness in protecting the public from unusually dangerous or recidivistic
sexual offenders in lieu of the specific measures set forth in this section
regarding sexually violent predators.
(3) Definitions
For purposes
of this section:
(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; or
(viii) an attempt to commit an offense described in any of clauses
(i) through (vii), 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.
For purposes
of this subparagraph 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.
(B) The term "sexually violent offense" means any criminal offense
in a range of offenses specified by State law which is comparable to or
which exceeds the range of offenses encompassed by aggravated sexual abuse
or sexual abuse (as described in sections 2241 and 2242 of
Title 18 or as described in the State criminal code) or an offense that
has as its elements engaging in physical contact with another person with
intent to commit aggravated sexual abuse or sexual abuse (as described
in such sections of Title 18 or as described in the State criminal code).
(C) 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.
(D) The term "mental abnormality" means a congenital or acquired condition
of a person that affects the emotional or volitional capacity of the person
in a manner that predisposes that person to the commission of criminal
sexual acts to a degree that makes the person a menace to the health and
safety of other persons.
(E) The term "predatory" means an act directed at a stranger, or a
person with whom a relationship has been established or promoted for the
primary purpose of victimization.
(F) The term "employed, carries on a vocation" includes employment
that is full?time or part?time for a period of time exceeding 14 days or
for an aggregate period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
(G) The term "student" means a person who is enrolled on a full?time
or part?time basis, in any public or private educational institution, including
any secondary school, trade, or professional institution, or institution
of higher education.
(b) Registration
requirement upon release, parole, supervised release, or probation
An approved
State registration program established under this section shall contain
the following elements:
(1) Duties
of responsible officials
(A) If a person who is required to register under this section is released
from prison, or placed on parole, supervised release, or probation, a State
prison officer, the court, or another responsible officer or official,
shall??
(i) inform the person of the duty to register and obtain the information
required for such registration;
(ii) inform the person that if the person changes residence address,
the person shall report the change of address as provided by State law;
(iii) inform the person that if the person changes residence to another
State, the person shall report the change of address as provided by State
law and comply with any registration requirement in the new State of residence,
and inform the person that the person must also register in a State where
the person is employed, carries on a vocation, or is a student;
(iv) obtain fingerprints and a photograph of the person if these have
not already been obtained in connection with the offense that triggers
registration; and
(v) require the person to read and sign a form stating that the duty
of the person to register under this section has been explained.
(B) In addition to the requirements of subparagraph (A), for a person
required to register under subparagraph (B) of subsection (a)(1) of this
section, the State prison officer, the court, or another responsible officer
or official, as the case may be, shall obtain the name of the person, identifying
factors, anticipated future residence, offense history, and documentation
of any treatment received for the mental abnormality or personality disorder
of the person.
(2) Transfer
of information to State and FBI; participation in National Sex Offender
Registry
(A) State
reporting
State
procedures shall ensure that the registration information is promptly made
available to a law enforcement agency having jurisdiction where the person
expects to reside and entered into the appropriate State records or data
system. State procedures shall also ensure that conviction data and
fingerprints for persons required to register are promptly transmitted
to the Federal Bureau of Investigation.
(B) National
reporting
A State
shall participate in the national database established under section 14072(b)
of this title in accordance with guidelines issued by the Attorney General,
including transmission of current address information and other information
on registrants to the extent provided by the guidelines.
(3) Verification
(A) For a person required to register under subparagraph (A) of subsection
(a)(1) of this section, State procedures shall provide for verification
of address at least annually.
(B) The provisions of subparagraph (A) shall be applied to a person
required to register under subparagraph (B) of subsection (a)(1) of this
section, except that such person must verify the registration every 90
days after the date of the initial release or commencement of parole.
(4) Notification
of local law enforcement agencies of changes in address
A change
of address by a person required to register under this section shall be
reported by the person in the manner provided by State law. State
procedures shall ensure that the updated address information is promptly
made available to a law enforcement agency having jurisdiction where the
person will reside and entered into the appropriate State records or data
system.
(5) Registration
for change of address to another State
A person
who has been convicted of an offense which requires registration under
this section and who moves to another State, shall report the change of
address to the responsible agency in the State the person is leaving, and
shall comply with any registration requirement in the new State of residence.
The procedures of the State the person is leaving shall ensure that notice
is provided promptly to an agency responsible for registration in the new
State, if that State requires registration.
(6) Length
of registration
A person
required to register under subsection (a)(1) of this section shall continue
to comply with this section, except during ensuing periods of incarceration,
until??
(A) 10 years have elapsed since the person was released from prison
or placed on parole, supervised release, or probation; or
(B) for the life of that person if that person??
(i) has 1 or more prior convictions for an offense described in subsection
(a)(1)(A) of this section; or
(ii) has been convicted of an aggravated offense described in subsection
(a)(1)(A) of this section; or
(iii) has been determined to be a sexually violent predator pursuant
to subsection (a)(2) of this section.
(7) Registration
of out?of?State offenders, Federal offenders, persons sentenced by courts
martial, and offenders crossing State borders
As provided
in guidelines issued by the Attorney General, each State shall include
in its registration program residents who were convicted in another State
and shall ensure that procedures are in place to accept registration information
from??
(A) residents who were convicted in another State, convicted of a Federal
offense, or sentenced by a court martial; and
(B) nonresident offenders who have crossed into another State in order
to work or attend school.
(c) Registration of offender crossing State border
Any person
who is required under this section to register in the State in which such
person resides shall also register in any State in which the person is
employed, carries on a vocation, or is a student.
(d) Penalty
A person
required to register under a State program established pursuant to this
section who knowingly fails to so register and keep such registration current
shall be subject to criminal penalties in any State in which the person
has so failed.
(e) Release
of information
(1)
The information collected under a State registration program may be disclosed
for any purpose permitted under the laws of the State.
(2)
The State or any agency authorized by the State shall release relevant
information that is necessary to protect the public concerning a specific
person required to register under this section, except that the identity
of a victim of an offense that requires registration under this section
shall not be released.
(f) Immunity
for good faith conduct
Law enforcement
agencies, employees of law enforcement agencies and independent contractors
acting at the direction of such agencies, and State officials shall be
immune from liability for good faith conduct under this section.
(g) Compliance
(1) Compliance
date
Each
State shall have not more than 3 years from September 13, 1994, in which
to implement this section, except that the Attorney General may grant an
additional 2 years to a State that is making good faith efforts to implement
this section.
(2) Ineligibility
for funds
(A) A State that fails to implement the program as described in this
section shall not receive 10 percent of the funds that would otherwise
be allocated to the State under section 3756 of this title.
(B) Reallocation
of funds
Any funds
that are not allocated for failure to comply with this section shall be
reallocated to States that comply with this section.
(h) Fingerprints
Each
requirement to register under this section shall be deemed to also require
the submission of a set of fingerprints of the person required to register,
obtained in accordance with regulations prescribed by the Attorney General
under section 14072(h) of this title.
(i) Grants
to States for costs of compliance
(1) Program
authorized
(A) In
general
The Director
of the Bureau of Justice Assistance (in this subsection referred to as
the "Director") shall carry out a program, which shall be known as the
"Sex Offender Management Assistance Program" (in this subsection referred
to as the "SOMA program"), under which the Director shall award a grant
to each eligible State to offset costs directly associated with complying
with this section.
(B) Uses
of funds
Each
grant awarded under this subsection shall be??
(i) distributed directly to the State for distribution to State and
local entities; and
(ii) used for training, salaries, equipment, materials, and other costs
directly associated with complying with this section.
(2) Eligibility
(A) Application
To be
eligible to receive a grant under this subsection, the chief executive
of a State shall, on an annual basis, submit to the Director an application
(in such form and containing such information as the Director may reasonably
require) assuring that??
(i) the State complies with (or made a good faith effort to comply
with) this section; and
(ii) where applicable, the State has penalties comparable to or greater
than Federal penalties for crimes listed in this section, except that the
Director may waive the requirement of this clause if a State demonstrates
an overriding need for assistance under this subsection.
(B) Regulations
(i) In
general
Not later
than 90 days after October 30, 1998, the Director shall promulgate regulations
to implement this subsection (including the information that must be included
and the requirements that the States must meet) in submitting
the applications required under this subsection. In allocating funds
under this subsection, the Director may consider the annual number of sex
offenders registered in each eligible State's monitoring and notification
programs.
(ii)
Certain training programs
Prior
to implementing this subsection, the Director shall study the feasibility
of incorporating into the SOMA program the activities of any technical
assistance or training program established as a result of section 13941
of this title. In a case in which incorporating such activities into
the SOMA program will eliminate duplication of efforts or administrative
costs, the Director shall take administrative actions, as allowable, and
make recommendations to Congress to incorporate such activities into the
SOMA program prior to implementing the SOMA program.
(3) Authorization
of appropriations
There
is authorized to be appropriated to carry out this subsection, $25,000,000
for each of fiscal years 1999 and 2000.
