Illinois legislators debate costly expansion of sex offender
registry
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[March 21, 2012]
SPRINGFIELD -- This week the Illinois
Senate is set to debate the merits and costs of
Senate Bill 3359. This bill, introduced by state Sen. William
Haine (D), attempts to bring Illinois into compliance with the
federal Adam Walsh Act, which was passed in 2006. Since then, only
16 states have been deemed in "substantial compliance" with the act,
leaving Illinois among the majority of states that have failed or
refused to comply.
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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. Failure to comply results in a 10 percent
reduction in states' Byrne Grant allotment, which translates into a
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 be over $20
million. In addition, 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 several states to
publicly defy the federal government, opting to accept the reduction
in Byrne Grant money instead of spending many times that amount in
order to comply.
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A criminal justice committee commissioned by the Texas Senate
concluded in its report that "based on the research, the testimony
provided during the hearing, it is clear registries do not provide
the public safety," and then recommended that Texas not comply with
the Adam Walsh Act. The state Senate agreed with the committee, and
Texas joined several other states, including California and New
York, in rejecting the federal government's mandate.
Illinois must also consider the difficulty faced by states that
have attempted to enact their own version of SB3359.
Ohio recently announced it has 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.
Unlike previous bills aimed at further restricting registered sex
offenders, SB3359 failed to sail unopposed through the Senate's
Committee on Criminal Law. Opposing testimony was provided by a
representative from Illinois Voices for Reform, a nonprofit group
established to promote reasonable legislation based on empirical
research. Illinois Voices testified about the negative collateral
consequences of sex offender legislation and argued that complying
with the Adam Walsh Act would do nothing to increase community
safety, but would place a tremendous financial burden on the state
of Illinois at a time when it is already facing huge budget
deficits.
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Several members of the committee itself questioned the need for the
legislation, arguing that the costs would far exceed the money lost
from the Byrne Grant, and publicly stating that this legislation
goes "too far." Despite the objections, the committee voted to
advance the bill to the full Senate, stating the need to get the
bill out of committee.
While every politician fears being perceived as "soft on crime,"
Illinois Voices says that members of the Illinois
Senate 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 Senate 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 Inc. 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 the organization is available at
www.ilvoices.com or by
sending an email to
info@ilvoices.com.
[Text from file received from
Illinois Voices for Reform]
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