No Parole for Sex Offenders Act

No Parole for Sex Offenders Act - Requires a state that is receiving funds for certain law enforcement assistance programs under the Omnibus Crime Control and Safe Streets Act of 1968 to put into effect laws and policies that prohibit parole for any individual convicted of a crime against a minor and any sexually violent predator. Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation). Renders any state that does not implement such laws and policies within the required period ineligible for 10% of funding for its law enforcement assistance programs.

[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1375 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1375

  To ensure that sex offenders and sexually violent predators are not 
                          eligible for parole.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2009

    Mr. Chandler (for himself and Mr. Poe of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To ensure that sex offenders and sexually violent predators are not 
                          eligible for parole.

    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 ``No Parole for Sex Offenders Act''.

SEC. 2. REDUCTION OF GRANT AMOUNTS.

    (a) In General.--For each fiscal year after the expiration of the 
period specified in subsection (b)(1) in which a State receives funds 
for a program referred to in subsection (b)(2), the State shall have in 
effect throughout the State laws and policies that prohibit parole 
for--
            (1) any individual convicted of a criminal offense against 
        a victim who is a minor; and
            (2) any sexually violent predator.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act in which to fully 
        implement this Act, except that the Attorney General may grant 
        an additional 2 years to a State that is making good faith 
        efforts to implement this Act.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to fully implement this Act shall not receive 10 
        percent of the funds that would otherwise be allocated for that 
        fiscal year to the State under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.), whether characterized as the Edward Byrne 
        Memorial Justice Assistance Grant Program, the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, or 
        otherwise.
    (c) Reallocation.--Amounts not allocated under a program referred 
to in subsection (b)(2) to a State for failure to fully implement this 
Act shall be reallocated under that program to States that have not 
failed to fully implement this Act.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Criminal offense against a victim who is a minor.--(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;
                            (viii) production or distribution of child 
                        pornography, as described in section 2251, 
                        2252, or 2252A of title 18, United States Code; 
                        or
                            (ix) an attempt to commit an offense 
                        described in any of clauses (i) through (viii), 
                        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.
            (B) For purposes of paragraph (1), 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.
            (2) Sexually violent predator.--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.
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