Illinois legislators debate costly expansion of sex offender registry

[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.

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.

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.

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 [e-mail].

[Text from file received from Illinois Voices for Reform]