Illinois Senate approves $20 million expansion of Sex Offender
Registry
From Illinois
Voices for Reform
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[April 05, 2012]
SPRINGFIELD -- After an impassioned
speech by state Sen. William Haine (D), the Illinois Senate last
week voted to advance
Senate Bill 3359. The bill attempts to bring Illinois into
compliance with the federal Adam Walsh Child Protection and Safety
Act passed by Congress in 2006 and would make Illinois one of only
16 states opting to comply with the act. Sen. Kwame Raoul (D) argued
against the bill, stating that the costs of implementing the bill
far outweigh the benefits and arguing that Illinois laws are already
among the toughest in the nation. He told the Senate, "If it ain't
broke, don't fix it."
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In response, Haine, the bill's sponsor, engaged in emotional
rhetoric by evoking the memory of Adam Walsh, the young boy whom the
bill was named after. Haine argued that this bill was needed to
protect children like Walsh who, according to Haine, was slain by a
sex offender. Although inaccurate, since Walsh's murderer was not a
convicted sex offender and his death was never linked to any sexual
offense, Haine's speech nonetheless convinced senators to vote in
favor of the bill, which passed 37-11. Since its passage in 2006,
the Adam Walsh Act has come under fire as an unfunded mandate that
requires states to expend unprecedented resources in order to meet
the stringent requirements set forth by the federal government.
Sponsors of SB3359 argued that failure to comply would result in a
10 percent reduction in states' Byrne Grant allotment, which
translates into a potential loss of about $1.5 million annually for
Illinois. At the same time, the Justice Policy Institute estimated
that the initial cost for Illinois to comply with the Adam Walsh Act
would soar to over $20 million. The Illinois Department of
Corrections has stated that the costs of compliance would be
"substantial as more sex offender registration violations occur."
The controversy surrounding the Adam Walsh Act has prompted a
number of states to defy the federal government, opting to accept
the reduction in the Byrne Grant money instead of spending many
times that amount in order to comply. The state of New York,
however, publicly refused to comply with the Adam Walsh Act, yet was
able to retain its full Byrne Grant allotment simply by highlighting
its current sex offender legislation. New York joined several other
states, including Texas and California, in rejecting the federal
government's mandate.
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The Illinois House must now consider the difficulty faced by states
that have attempted to enact their own version of SB3359. Ohio
recently announced that it spent millions of dollars in its attempt
to become compliant with the Adam Walsh Act, but also spent many
millions more defending over 7,000 lawsuits filed against the
legislation. Last year, the Ohio Supreme Court ruled that the state
law went far beyond the intent of the original sex offender
registration laws and clearly crossed the line between community
safety and punishment. The court ruled that the Ohio law was
unconstitutional and could not be applied retroactively.
While every politician fears being perceived as "soft on crime,"
members of the Illinois House will need to carefully weigh the costs
and benefits of SB3359, considering over a decade worth of research
that clearly demonstrates the ineffectiveness of restrictive sex
offender legislation. The House must decide if it wants to spend
millions of dollars to promote legislation that will essentially
accomplish nothing more than bringing Illinois into compliance with
a federal mandate that has already been soundly rejected by other
states, many of which have a reputation for being "tough on crime."
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Illinois Voices for Reform is a not-for-profit organization
dedicated to the belief that education and empirical research should
guide legislative efforts to protect society and reduce sexual
assaults. More information about Illinois Voices can be found by
visiting www.ilvoices.com or by sending an email to
info@ilvoices.com
[Text from file received from
Illinois Voices for Reform] |