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 have in effect laws and policies that prohibit parole for any individual who is convicted of a crime against a minor and who is a sexually violent predator (defined as a person who has been convicted of a sexually violent offense and who has been diagnosed by a qualified mental health professional as having a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses or who has been determined by a court to suffer from such an illness or disorder). Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation).
Directs the Attorney General to waive the requirements of this Act if compliance by a state would be unconstitutional under that state's constitution. 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 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 578 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 578
To ensure that sex offenders and sexually violent predators are not
eligible for parole.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2011
Mr. Chandler 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 the program referred to in subsection (b)(2), the State shall have
in effect throughout the State laws and policies that prohibit parole
for any individual who--
(1) is convicted of a criminal offense against a victim who
is a minor; and
(2) is a 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--
(A) may grant an additional 2 years to a State that
is making good faith efforts to implement this Act; and
(B) shall waive the requirements of this Act if
compliance with this Act by a State would be
unconstitutional under the constitution of such State.
(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 the Edward Byrne Memorial
Justice Assistance Grant Program 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.).
(c) Reallocation.--Amounts not allocated under the 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--
(A) has been convicted of a sexually violent
offense; and
(B) has been diagnosed by a qualified mental health
professional as having a mental abnormality or
personality disorder that makes the person likely to
engage in predatory sexually violent offenses, or has
been determined by a court to suffer from such an
illness or disorder.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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