Dru Sjodin National Sex Offender Public Database Act of 2005 or Dru's Law - (Sec. 3) Directs the Attorney General to: (1) make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry or in state sex offender websites, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient state sexual offender registration program; and (2) allow registry users to identify offenders who are currently residing within a specified radius of a given location. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the offender is released from prison or placed on parole, supervised release, or probation.
(Sec. 4) Requires: (1) any state that provides for a civil commitment proceeding to notify the state attorney general of the impending release of a sexually violent predator or a person who has been deemed to be at high-risk for recommitting any sexually violent offense or criminal offense against a minor; (2) the state attorney general, upon receving such notice, to consider instituting a civil commitment proceeding; and (3) each state to intensively monitor, for at least a year, any such person who has been unconditionally released by the state and who has not been civilly committed.
Makes a state that fails to implement Act requirements within three years ineligible to receive 25 percent of funds that would otherwise be allocated to it for truth-in-sentencing incentive grants under the Violent Crime Control and Law Enforcement Act of 1994.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 792
To establish a National sex offender registration database, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Mr. Dorgan (for himself, Mr. Specter, Mr. Dayton, Mr. Coleman, Mr.
Conrad, Mr. Johnson, Mr. Lugar, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish a National sex offender registration database, and for
other purposes.
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 ``Dru Sjodin National Sex Offender
Public Database Act of 2005'' or ``Dru's Law''.
SEC. 2. DEFINITION.
In this Act:
(1) Criminal offense against a victim who is a minor.--The
term ``criminal offense against a victim who is a minor'' has
the same meaning as in section 170101(a)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14071(a)(3)).
(2) Minimally sufficient sexual offender registration
program.--The term ``minimally sufficient sexual offender
registration program'' has the same meaning as in section
170102(a) of the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (42 U.S.C.
14072(a)).
(3) Sexually violent offense.--The term ``sexually violent
offense'' has the same meaning as in section 170101(a)(3) of
the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
(4) Sexually violent predator.--The term ``sexually violent
predator'' has the same meaning as in section 170102(a) of the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14072(a)).
SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.
(a) In General.--The Attorney General shall--
(1) make publicly available in a registry (in this Act
referred to as the ``public registry'') from information
contained in the National Sex Offender Registry, via the
Internet, all information described in subsection (b); and
(2) allow for users of the public registry to determine
which registered sex offenders are currently residing within a
radius, as specified by the user of the public registry, of the
location indicated by the user of the public registry.
(b) Information Available in Public Registry.--With respect to any
person convicted of a criminal offense against a victim who is a minor
or a sexually violent offense, or any sexually violent predator,
required to register with a minimally sufficient sexual offender
registration program within a State, including a program established
under section 170101 of the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act (42 U.S.C. 14071(b)),
the public registry shall provide, to the extent available in the
National Sex Offender Registry--
(1) the name and any known aliases of the person;
(2) the date of birth of the person;
(3) the current address of the person and any subsequent
changes of that address;
(4) a physical description and current photograph of the
person;
(5) the nature of and date of commission of the offense by
the person;
(6) the date on which the person is released from prison,
or placed on parole, supervised release, or probation; and
(7) any other information the Attorney General considers
appropriate.
SEC. 4. RELEASE OF HIGH RISK INMATES.
(a) Civil Commitment Proceedings.--
(1) In general.--Any State that provides for a civil
commitment proceeding, or any equivalent proceeding, shall
issue timely notice to the attorney general of that State of
the impending release of any person incarcerated by the State
who--
(A) is a sexually violent predator; or
(B) has been deemed by the State to be at high-risk
for recommitting any sexually violent offense or
criminal offense against a victim who is a minor.
(2) Review.--Upon receiving notice under paragraph (1), the
State attorney general shall consider whether or not to
institute a civil commitment proceeding, or any equivalent
proceeding required under State law.
(b) Monitoring of Released Persons.--
(1) In general.--Each State shall intensively monitor, for
not less than 1 year, any person described under paragraph (2)
who--
(A) has been unconditionally released from
incarceration by the State; and
(B) has not been civilly committed pursuant to a
civil commitment proceeding, or any equivalent
proceeding under State law.
(2) Applicability.--Paragraph (1) shall apply to--
(A) any sexually violent predator; or
(B) any person who has been deemed by the State to
be at high-risk for recommitting any sexually violent
offense or criminal offense against a victim who is a
minor.
(c) Compliance.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act in which to
implement the requirements of this section.
(2) Ineligibility for funds.--A State that fails to
implement the requirements of this section, shall not receive
25 percent of the funds that would otherwise be allocated to
the State under section 20106(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
(3) 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR 4/15/2005 S3732)
Sponsor introductory remarks on measure. (CR S3731-3732)
Sponsor introductory remarks on measure. (CR S8379)
Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S9245-9246)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on the Judiciary.
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Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.