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UPDATE: Adam Walsh ReAuthorization Act of 2012

To read prior posts on the Adam Walsh Reauthorization Act click on this link.

8-13-2012 National:

I am sure most folks know that the U.S. House, by voice vote, amended and approved HR 3796 The Adam Walsh Reauthorization Act of 2012 on 8-1-2012 and sent the bill to the U.S. Senate for their approval. On 8-2-2012 in the Senate: “Received in the Senate and Read twice and referred to the Committee on the Judiciary.” There the bill sits because the Senate will not reconvene until 2:00 PM September 10, 2012. They may or may not do anything with the bill.

The bill effectively reauthorizes Grants found in the original AWA, from 2013 through 2017. That is a pile of money which our economy cannot afford right now, but Congress will likely get its way under the guise of public safety. Without getting into what is good about AWA (there are good parts) OR what is bad about AWA (a BIG portion of SORNA Title-I), today something came to light folks need to know about!

The SMART Office has posted, what amounts to -an all point bulletin- about AVAILABLE PROJECT GRANTS “Support for Adam Walsh Act Implementation Grant Program“. On the Federal Grants Wire site is this:

Criteria for Selecting Proposals

A review panel convened by the SMART Office will evaluate all applications on the basis of the following criteria:

• (1) the application identifies a problem that is consistent with the purposes of this initiative;
• (2) the application describes a project that effectively addresses the problem statement;
• (3) the implementation strategy, time line, and capability of the organization and staff are sound;
• (4) the application articulates clearly the jurisdiction’s goals, outcomes, and objectives and describes the accountability system and performance measures to determine progress towards achieving them;
• (5) the project demonstrates meaningful attention to the safety of victims and the general public by supporting jurisdiction’s efforts to substantially comply with SORNA thus ensuring sex offender registration and tracking;
• (6) the application identifies specific individuals, or a process to identify individuals, to serve as the Grant Manager/Grant Coordinator, and demonstrates the skills, roles, and involvement of these individuals; and
• (7) the budget is reasonable as it relates to project activities.

For NSOPW, TTSORS and the Exchange Portal:

• (1) the application identifies a need that is consistent with the purposes of this program;
• (2) the application describes a project that effectively addresses the statement of need;
• (3) the implementation strategy, time line, and capability of the organization and staff are sound;
• (4) the application articulates clearly the goals, outcomes, and objectives of the project and describes the accountability system and performance measures to determine progress towards achieving them;
• (5) the project demonstrates meaningful attention to the public safety by supporting the operation of the Dru Sjodin National Sex Offender Public Website, which supports the SORNA goal of sex offender registration and tracking;
• (6) the application identifies specific individuals, or a process to identify individuals, to serve as the Grant Manager/Grant Coordinator, and demonstrates the skills, roles, and involvement of these individuals; and
• (7) the budget is reasonable as it relates to project activities.

Now, the bill has not yet passed, right? Today is 8-13, Senate back 9-10…

Or, has there been another Behind Closed Doors session? Judge for yourself.

For now have a great day and a better tomorrow.
eAdvocate

 

Following Mark Up on the 18th, the US House voted to pass the Adam Walsh Reauthorization Act of 2012 (AWRA)

7-20-2012 Washington DC:

Folks may remember that on Wednesday the 18th the U.S. House Judiciary Committee Marked Up the Adam Walsh Re-authorization Act (AWRA) (HR 3796) -and- the Edward Byrne Memorial Justice Assistance Grant Program Reauthorization Act of 2012 (HR 6062).

As to AWRA certain amendments were presented which can be found HERE (under HR 3796) but only FOUR of them were approved and will become part of the full AWA (If the Senate also accepts them when they get the bill). The four accepted amendments were presented by Rep. Bobby Scott of Virginia, and are:

• 1) JUVENILE SEX OFFENDER TREATMENT GRANTS REAUTHORIZATION.
• 2) PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.
• 3) COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
• 4) PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE PENALTY UNDER SORNA.

As best I interpret the four here is what each does:

1) Reduces the Grant money for “Juvenile sex offender treatment programs” (42 USC 3797-EE-1) from $10,000,000 to $2,979,000 for each fiscal year 2013 through 2017. I’d say that is NOT GOOD, but have no idea why a reduction is warranted.

2) Adds this new section making it MANDATORY to EXEMPT from the Public Registry “any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent (or otherwise convicted) as a juvenile.” That sounds GOOD, apparently some states were still showing these juvenile sex offenders publicly.

3) Under section 634 “COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES” Congress wants to add a new report, in addition to the reports already listed. The NEW report “Not later than one year after the date of enactment of the Adam Walsh Reauthorization Act of 2011 (AWRA), the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders, based on the information collected for the study under subsection (a) and any other information the National Institute of Justice determines necessary for such report.”

Folks may remember I did address Section 634 in my Commentary “PART-III: Behind Closed Doors: The Adam Walsh Act Way, now the States are following?. This new report covering juveniles SOUNDS GOOD, but I do have a concern about interpreting “public safety impact.” Will that be construed to INCLUDE “effects on the registrant and family, if any” and if not it should. Now because I see some other differences in the reporting between juveniles and adults, and not wanting to muddy the waters here, I will do a separate Commentary addressing those differences within a few days.

4) This one is odd, best explained by looking at this from the point when the state gets Byrne Grant Money. When states get funding through the Byrne Grant there is a statute (42 USC 3755) which tells them how to disburse the money to their local governments, and what portion the state keeps.

So this amendment is saying, if a state chooses NOT to come into compliance with SORNA, that the state “shall return to the Attorney General (for reallocation in accordance with subsection (c))” its Byrne Grant portion less what was already given to local governments. In essence Congress does not want to penalize local governments since local governments have no say in whether the state complies w/SORNA or not.

This is my best understanding of these amendments (links to the four are above). Any other interpretations are welcomed, please comment so other folks can see your comments.

So, right now is the time to act, and that means to contact your Senators in Washington DC. Tell them to vote NO on this bill. You can also contact them on Facebook, Twitter and every other site they have listed on their Home pages (see HERE to learn how).

For now have a great day and a better tomorrow.
eAdvocate

PS: For a legal interpretation of these amendments see a lawyer, above is just my read of the amendments.

 

 

Adam Walsh Reauthorization Act of 2011

Donavon Lace Comments in Red

The following is  a break down of the proposed changes to AWA .

I have listed  the changes in Black and highlighted the section as it is currently reads  in Purple and the section noted in its entirety as a whole in Green.

What this simply means is a firm $15,000,000 will be allotted for Federal funding to implement AWA and grants for address verification.

The money will come from Juvenile sex offender treatment grants. Once set at $10,000,000 will be reduced to $2,979,000.

The money will also come from Sex offender management or the education fund for Sex offender Managers.

( “The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish

criteria and develop training programs to assist probation and parole officers and other personnel who work with released

sex offenders in the areas of—

(1) case management;

(2) supervision; and

(3) relapse prevention.”)

Once set at $5,000,000 will be reduced to $0 for fiscal year 2011 and each subsequent fiscal year’.

The United States Marshals Service is allotted a firm 40,000,000.

Finally: Additional Prosecutors.

The amendments would remove the wording “increase by not  less than 200″ for additional new attorneys in United States Attorneys’ Offices

and put a firm $3,000,000 budget in place to pay for it. 

how much dose a Prosecutor make?

Due to many variables such as location, experience, etc. a specific answer isn’t possible.

Assuming the question refers to public prosecutors, the salary range can be anywhere from $20,000 to $110,000 +.

lets take the low end thats 150 new Prosecutors for 2012.

 

HR 2870 IH

112th CONGRESS

1st Session

H. R. 2870

To reauthorize certain programs established by the Adam Walsh Child Protection and Safety Act of 2006.

IN THE HOUSE OF REPRESENTATIVES

September 8, 2011

Mr. SENSENBRENNER (for himself, Ms. WASSERMAN SCHULTZ, Mr. LANCE, Mr. DANIEL E. LUNGREN of California, and Mr. POE of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To reauthorize certain programs established by the Adam Walsh Child Protection and Safety Act of 2006.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Adam Walsh Reauthorization Act of 2011’.

SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM REAUTHORIZATION.

Section 126(d) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as follows:

‘(d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General $15,000,000 for each of the fiscal years 2012 through 2016,

‘(d) Authorization of appropriations

In addition to any amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary to the Attorney General, to be available only for the SOMA program, for fiscal years 2007 through 2009.

to be available only for–

‘(1) the SOMA program; and

‘(2) the Jessica Lunsford Address Verification Grant Program established under section 631.’.

 

The SOMA program

 SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

(a) IN GENERAL The Attorney General shall establish and implement a Sex Offender Management Assistance program (in this title referred to as the ‘‘SOMA program’’), under which the Attorney General may award a grant to a jurisdiction to offset the costs of implementing this title.

(b) Application

(c) Bonus payments for prompt compliance

A jurisdiction that, as determined by the Attorney General, has substantially implemented this subchapter not later than 2 years after July 27, 2006, is eligible for a bonus payment. The Attorney General may make such a payment under the SOMA program for the first fiscal year beginning after that determination. The amount of the payment shall be— (1) 10 percent of the total received by the jurisdiction under the SOMA program for the preceding fiscal year, if that implementation is not later than 1 year after July 27, 2006; and (2) 5 percent of such total, if not later than 2 years after July 27, 2006.

(d) Authorization of appropriations

In addition to any amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary to the Attorney General, to be available only for the SOMA program, for fiscal years 2007 through 2009.

 

The Jessica Lunsford Address Verification Grant Program established under section 631.’.

SEC. 631. JESSICA LUNSFORD ADDRESS VERIFICATION GRANT PROGRAM.

(a) ESTABLISHMENT.—There is established the Jessica Lunsford Address Verification Grant Program (hereinafter in this section referred to as the ‘‘Program’’).

(b) GRANTS AUTHORIZED.—Under the Program, the Attorney General is authorized to award grants to State, local governments, and Indian tribal governments to assist in carrying out programs requiring an appropriate official to verify, at appropriate intervals, the residence of all or some registered sex offenders.

(c) APPLICATION.—

(1) IN GENERAL.—Each State or local government seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(2) CONTENTS.—Each application submitted pursuant to paragraph

(1) shall—

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.

(d) INNOVATION.—In making grants under this section, the Attorney General shall ensure that different approaches to address verification are funded to allow an assessment of effectiveness.

(e) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated for each of the fiscal years 2007 through 2009 such sums as may be necessary to carry out this section.

(2) REPORT.—Not later than April 1, 2009, the Attorney General shall report to Congress—

(A) assessing the effectiveness and value of this section;

(B) comparing the cost effectiveness of address verification to reduce sex offenses compared to other alternatives;and

(C) making recommendations for continuing funding and the appropriate levels for such funding.

 

SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION REQUIREMENTS.

Section 142(b) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16941(b)) is amended by striking ‘such sums as may be necessary for fiscal years 2007 through 2009’ and inserting ‘$40,000,000 for each of the fiscal years 2012 through 2016’.

(b) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section.

 

(a) In general

The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of section 566 (e)(1)(B) of title 28, a sex offender who violates a sex offender registration requirement shall be deemed a fugitive.

 

(b) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section.

 

SEC. 4. JUVENILE SEX OFFENDER TREATMENT GRANTS REAUTHORIZATION.

Section 3012(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797ee-1(c)) is amended by striking ‘$10,000,000 for each of fiscal years 2007 through 2009 to carry out this part’ and inserting ‘$2,979,000 for each of the fiscal years 2012 through 2016 to carry out this section’.

(c) Authorization of appropriations

There are authorized to be appropriated $10,000,000 for each of fiscal years 2007 through 2009 to carry out this subchapter.

(a) Authority to make juvenile sex offender treatment grants

(1) In general

From amounts made available to carry out this subchapter, the Attorney General may make grants to units of local government, Indian tribal governments, correctional facilities, other public and private entities, and multijurisdictional or regional consortia thereof for activities specified in paragraph (2).

(2) Covered activities

An activity referred to in paragraph (1) is any program, project, or other activity to assist in the treatment of juvenile sex offenders.

(b) Juvenile sex offender defined

For purposes of this section, the term “juvenile sex offender” is a sex offender who had not attained the age of 18 years at the time of his or her offense.

(c) Authorization of appropriations

There are authorized to be appropriated $10,000,000 for each of fiscal years 2007 through 2009 to carry out this subchapter.

SEC. 5. REAUTHORIZATION OF FUNDS FOR ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL EXPLOITATION OF CHILDREN.

Section 704 of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) is amended–

(1) in subsection (b), by striking ‘fiscal year 2007’ and inserting ‘each of fiscal years 2012 through 2016’, and by striking ‘by not less than 200’; and

(2) in subsection (c), by striking ‘for fiscal year 2007 such sums as may be necessary to carry out this section’ and inserting ‘to carry out this section $3,000,000 for each of the fiscal years 2012 through 2016’.

(b) Additional Prosecutors- In fiscal year 2007, the Attorney General shall, subject to the availability of appropriations for such purposes, increase by not less than 200 the number of attorneys in United States Attorneys’ Offices. The additional attorneys shall be assigned to prosecute offenses relating to the sexual exploitation of children.

(c) Authorization of Appropriations- There are authorized to be appropriated to the Department of Justice for fiscal year 2007 such sums as may be necessary to carry out this section.

(a) Definition- In this section, the term `offenses relating to the sexual exploitation of children’ shall include any offense committed in violation of–

(1) chapter 71 of title 18, United States Code, involving an obscene visual depiction of a minor, or transfer of obscene materials to a minor;

(2) chapter 109A of title 18, United States Code, involving a victim who is a minor;

(3) chapter 109B of title 18, United States Code;

(4) chapter 110 of title 18, United States Code;

(5) chapter 117 of title 18, United States Code involving a victim who is a minor; and

(6) section 1591 of title 18, United States Code.

(b) Additional Prosecutors- In fiscal year 2007, the Attorney General shall, subject to the availability of appropriations for such purposes, increase by not less than 200 the number of attorneys in United States Attorneys’ Offices. The additional attorneys shall be assigned to prosecute offenses relating to the sexual exploitation of children.

(c) Authorization of Appropriations- There are authorized to be appropriated to the Department of Justice for fiscal year 2007 such sums as may be necessary to carry out this section.

SEC. 6. SEX OFFENDER MANAGEMENT.

Section 40152(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13941(c)) is amended by striking ‘2011’ and inserting ‘2010 and $0 for fiscal year 2011 and each subsequent fiscal year’.

(c) Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2007 through 2011.

a) In general

The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of—

(1) case management;

(2) supervision; and

(3) relapse prevention.

(b) Training programs

The Attorney General shall ensure, to the extent practicable, that training programs developed under subsection (a) of this section are available in geographically diverse locations throughout the country.

(c) Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2007 through 2011.