NCSL Law and Criminal Justice Committee Meets with SMART Officials

Posted May 9, 2007

Director describes changes to the national standard for sex offender registration brought about by the Adam Walsh Child Protection and Safety Act of 2006.

As part of NCSL's Spring Forum of the Standing Committees in Washington, D.C., April 19-21, 2007, members of the Law and Criminal Justice Committee met with Laura Rogers, director of the Smart Office recently established under the Office of Justice Programs, with responsibility for implementation of the federal Adam Walsh Child Protection and Safety Act of 2006.

Rogers explained that the current top priority of the SMART Office is to prepare guidelines governing the provisions of the Adam Walsh Act. The guidelines will follow an internal review process at the U.S. Department of Justice and be released for public comment. The guidelines are expected to clarify for state the requirements of the act, which Rogers explained as a floor, not a ceiling, for state sex offender registration policy.

In February, interim rules were published regarding retroactivity of the Walsh act. The rules declare that sex offenders convicted before the Walsh enactment who currently are incarcerated or under correctional supervision for a sex offense or any other conviction are covered. The rule asserts that the registration and notification requirements of offenders are non-punitive, regulatory measures adopted for public safety purposes, therefore appropriately applied retroactively.

Pending release of the guidelines, Rogers summarized how the Adam Walsh Act changes federal law.

Previous federal law applied to the states, Washington, D.C. and territories. The Walsh act also includes tribal jurisdictions, giving tribes the option of being a separate jurisdiction or delegating those functions to the state in which they are located.
The Walsh act consistently requires registration of sex offenders in all jurisdictions in which they reside, are employed or attend school.
The act broadens the range of offenses covered from aggravated sex acts, such as rape, to include sex crimes with elements of sexual contact, even if they are not sex acts; and includes attempts or conspiracies to commit covered offenses. The act also adds crimes like possession of child pornography.
The Walsh act extends registration requirements to juveniles at least 14 years of age adjudicated delinquent for a crime comparable to or more severe than an aggravated sexual abuse crime as defined in federal law (18 USC 2241). Full Walsh act requirements apply to offenses in which the victim is under the age of 12, or if the juvenile offender is prosecuted as an adult for a qualifying crime.
The new federal legislation establishes three tiers of offenders, based on the severity of the crime. States must establish as minimum requirements for offenders in each tier. Tier 1 are generally misdemeanor offenders serving less than a one-year sentence; tier 2 includes most felony sexual abuse and exploitation crimes, including ones involving minors; and tier 3 is the most serious class of forcible felony sex crimes, as well as sexual contact crimes that involve victims under the age of 13. Duration of the registration requirement of sex offenders is set according to the tier levels, under the act.
Previous federal standards required periodic verification of the residence of sex offenders at least annually. Verification requirements under the Walsh act add an in-person appearance annually, semi-annually or quarterly, depending on the tier of the offender. The in-person verification also requires updated photos, as needed.
Many new pieces of information must be included as part of each sex offender registration record. This includes a photo and physical description, fingerprint and palm prints, DNA sample, social security number, driver's license and motor vehicle information, details on places where the offender works or attends school, criminal history and text of the offense leading to registration.
The Walsh act seeks greater uniformity in public sex offender websites, providing that most all appropriate information about the sex offender be available to the public via the web. It also makes requirements regarding search capabilities and participation in the National Sex Offender Registry.
The act also contains provisions allowing juveniles and tier I offenders who have not committed new offenses to have their period of required registration reduced. Adjudicated juveniles subject to lifetime registration may have that reduced to 25 years if they commit no new offenses in 25 years. Tier I sex offenders can reduce required registration to 10 years as a result of having no new offenses in that time.

More detail on provisions of the act are in this NCSL summary or go to the full text of the law.

The retroactivity ruling was published in the Federal Register on Feb. 28, 2007.

The Office of Justice Programs SMART Office can be reached at: GetSMART@usdoj.gov.

NCSL's Criminal Justice Program in Denver, Colo. is at cj-info@ncsl.org or (303) 364-7700.