Pending Sex Offense Related Bills Legislation Nationwide

Sex Offender Facts-Recidivism Stigma-Plus

Pending Sex Offense Related Bills Legislation NationwideThis is from NARSOL and is a list of bills pending or passed in this year’s legislative session.  Of particular interest to me was Connecticut which is trying for a risk-based registry.  Unlike Oregon which depends entirely on the STATIC99R, which is just that – static – as it deals with the person at the time the crime was committed.  Connecticut wants to add dynamic factors so that change over time is recognized.

Oregon was the first state to try this.  And other states are learning from our attempts.  It would be wonderful to add dynamic factors in Oregon.

CT Bill is inaccurate I believe however I’ll pass to my legislative person to determine.

Most state legislatures have adjourned for 2018, but 15 (highlighted in
parens) remain in session. All bills passed to date or sent to the Governor
for signing are listed below. All other bills that were introduced in
states where sessions have adjourned have failed to move forward. The
number of bills still being tracked in states where sessions are ongoing
is noted.

ALASKA *(in session*)

SCR31: Requires a person who commits certain offenses under the code of
military justice to register as a sex offender or child kidnapper.

Tracking 3 additional bills.

ALABAMA

HB27:  Addresses discipline of public K-12 teachers and employees charged
with certain sexual crimes against students.

HB305: Prohibits defendants accused of engaging in an act of prostitution
with a minor from asserting a mistake of age defense.

SB26:  Expands notification requirements to schools regarding juvenile sex
offenders and requires the Alabama Board of Education to develop a policy
for monitoring juvenile sex offenders in schools.

SB28:  Addresses discipline of public K-12 teachers and employees charged
with certain sexual crimes against students.

ARIZONA

HB2053: Creates the crime of sexual extortion and increases it to a Class
3 felony if the victim is under 15 years of age.

HB2244: Disallows the defense that the minor victim of a crime
misrepresented their age if the defendant had reason to know the victim
was under 15 years of age.

HB2283: Makes changes to the definition of sexual offenses.

SB1041: Adds residency restrictions for individuals on the sex offender
registry.

SB1465: Allows cities and counties to restrict vacation and short-term
rentals from housing sex offenders.

ARKANSAS

No bills tracked by ATSA passed.

CALIFORNIA (still in session)

Tracking 40 bills. No bills ATSA is tracking have passed yet.

COLORADO

HB1040: Recognizes the need to provide timely sex offender treatment and
services, and authorizes the state to offer incentives to contracted mental
health professionals to provide such treatment in difficult-to-serve areas.

SB026: Sets standards and a process for individuals to petition to be
removed from the sex offender registry.

SB091: Modernizes behavioral health terminology.

CONNECTICUT

SB00013: Requires the development of a risk assessment strategy for
offenders that uses an assessment tool that accurately rates an offender’s
likelihood to recidivate upon release from custody and identifies the
support programs that will best position the offender for successful
reentry into the community. Specifies that the assessment will include
both static and dynamic factors and use a gender-responsive approach.

FLORIDA

H0581:  Authorizes law enforcement agencies to issue and serve a subpoena
when investigating specified sexual offenses; specifies requirements
regarding nondisclosure of information; and provides for judicial review
of nondisclosure requirements.

H1065:  Provides that a person receiving a judgment of acquittal or not
guilty verdict is eligible to have his or her criminal record expunged.

H1301:  Reduces the aggregate and consecutive number of days used to
determine residency for purposes of sexual predator or sexual offender
registration; and provides for a mandatory sentence of community control
with electronic monitoring for certain offenses committed by sexual
predators and sexual offenders if the court does not impose a prison
sentence.

GEORGIA

SB406:  Expands criminal background checks for owners, applicants, and
employees providing care to adults in assisted living, private homes,
hospice, nursing homes, skilled nursing facilities, and adult day care.

HAWAII

SB2719: Sets a time limit for recovery of damages by someone who suffered
sexual abuse as a minor.

IDAHO

S1269:  Amends the existing law regarding the crimes of sexual battery and
aggravated sexual battery; and applies the Sexual Offender Registration
Notification and Community Right-to-Know acts to any person who commits
aggravated sexual battery.

ILLINOIS (in session)

HR0727: Recognizes the harm caused by pornography and the need to address
the epidemic of pornography.

HR0751: Declares domestic violence and sexual assault a public health
priority.

Tracking 42 additional bills.

INDIANA

HB1035:  Allows property owners to limit or prohibit use of short-term
rentals for housing sex offenders; operating a structured sober living
home; manufacturing, exhibiting, distributing, or selling illegal drugs,
liquor, pornography, or obscenity; or operating an adult entertainment
establishment.

SB0012:  Provides that, unless a court has granted a waiver, a sex offender
who establishes a residence with the intent to reside at the residence or
within a 1-mile radius of the residence of the victim of the offender’s
sex offense, and knowing the location of the victim’s residence, commits
invasion of privacy. Prohibits a sex offender from attending a house of
worship located on school property while classes, extracurricular
activities, or other school activities are being held.

SB0060:  Provides that failure to register as a sex or violent offender
for an offense originating from another jurisdiction is a Level 5 felony
in certain instances.

IOWA

No bills tracked by ATSA passed.

KANSAS

SR1762: Recognizes pornography as a public health hazard.

KENTUCKY

HB70:  Prohibits registered sex offenders from using electronic
communications to solicit, contact, or gather information about a person
under 18 years of age, with some exceptions for family members.

HB71:  Prohibits the distribution of sexually explicit images without
consent.

SB19:  Increases penalties for sex crimes against someone with an
intellectual disability.

SB37:  Requires the Kentucky Transportation Cabinet to promulgate
administrative regulations to allow the issuance of operator’s licenses
to inmates engaged in work release programs or reentry initiatives.

SB48:  Prohibits individuals under 17 years of age from marrying.
Establishes a process for a 17-year-old to petition a court for permission
to marry and sets the criteria for granting the petition.

SB130:  Conforms state requirements for institutions of higher education
to report campus crimes to federal campus crime reporting requirements.

SB133:  Makes several changes to laws regarding crimes, imprisonment, and
parole including allowing the court to determine whether any nonfinancial
conditions shall reasonably ensure the appearance of a defendant and the
safety of the public when a defendant is charged with a violent or sexual
offense.

SB181:  Revises the definition of “criminal offense against a victim who
is a minor” and “registrant information,” adds information registered
sex offenders must provide, and requires registrants to provide
notification
of plans to travel outside the country.

SR170:  Recognizes pornography as a public health crisis.

LOUISIANA (in session)

HB75: Makes it unlawful for a sexually violent predator to be on any school
grounds or in and school vehicle when anyone under the age of 18 is
present, and adds additional residency restrictions on distance
requirements from a range of businesses.

HB705: Creates an electronic monitoring program as an alternative to
incarceration. Disallows individuals who commit certain sex offenses from
participating.

SB105: Provides that a person cannot give consent to sexual conduct while
in police custody.

SB250: Requires schools to provide parents with information about the
health risks associated with pornography.

Tracking 11 additional bills.

MAINE

LD1566:  Disallows public employers from considering an applicant’s
criminal history when hiring, with some exceptions.

LD1813:  Disallows a person from photographing anyone below the age of 14
if the person has been notified in writing not to do so by a law
enforcement, corrections, or judicial officer.

LD1877:  Expands and clarifies the areas subject to municipal residency
restrictions for sex offenders.

MARYLAND

HB301:  Provides that, in a prosecution for certain sexual offenses,
evidence the defendant committed sexually assaultive behavior before or
after the offense for which the defendant is on trial may be admissible.

HB913:  Requires institutions of higher education to develop written
policies on sexual assault that include certain provisions for disciplinary
proceedings.

HB1072:  Requires nonpublic schools that receive state funds to require
each employee to receive annual training on the prevention, identification,
and reporting of child sexual abuse.

SB270:  Provides that, in a prosecution for certain sexual offenses,
evidence the defendant committed sexually assaultive behavior before or
after the offense for which the defendant is on trial may be admissible.

SB607:  Requires institutions of higher education to develop written
policies on sexual assault that include certain provisions for disciplinary
proceedings.

MASSACHUSETTS (in session)

S2371: Establishes several reforms to the state’s criminal justice system
including requiring data collection and reporting standards for criminal
justice agencies detailing information about the offender, offense, risk
and needs assessment scores, participation and completion of evidence-based
programs, and recidivism rates.

Tracking 25 additional bills.

MICHIGAN (in session)

Tracking 11 bills.

MINNESOTA (in session)

Tracking 30 bills.

MISSISSIPPI

HB387:  Addresses restitution for crimes and provides that incarceration
shall not automatically follow the nonpayment of a fine.

HB708:  Revises titles, qualifications, and fees for licensed professional
counselors; and requires fingerprint criminal history records background
checks for licensees.

HB988:  Deletes repeal of licensure laws for marriage and family
therapists, and prescribes licensure requirements for social workers.

MISSOURI (in session)

SB793: Changes the age at which someone is tried as an adult from 17 to
18 in most cases.

Tracking 50 additional bills.

NEBRASKA

LE1078:  Addresses placements of siblings in foster care and requirements
to report sexual abuse.

NEW HAMPSHIRE (in session)

Tracking one bill.

NEW JERSEY (in session)

S414: Requires schools and service providers to review the employment
history of applicants who will have regular contact with students to
ascertain allegations of child abuse or sexual misconduct.

S3566: Authorizes courts to impose lifetime parole supervision on certain
child pornography offenders.

Tracking 104 additional bills.

NEW MEXICO

No bills tracked by ATSA passed.

NEW YORK (in session)

Tracking 304 bills.

OHIO (in session)

Tracking 15 bills.

OKLAHOMA

HB1124: Expands zone of safety restrictions for registered sex offenders
to include the residence of the victim.

HB2286: Sets standards for parole including early release. Requires
individuals convicted of a felony sex offense who are paroled to
immediately be placed on intensive supervision.

HB2630: Modifies the electronic monitoring program for offenders deemed
eligible to be placed at home rather than incarcerated. Disallows
individuals from receiving monitored home placement whose crimes would
require them to be listed on the sex offender registry upon release.

HB3330: Modifies sex offender registry restrictions to include family child
care homes.

SB224: Extends confidentiality of certain records, reports, evaluations,
and testimony for juvenile offenders.

SB363: Disallows individuals who have committed certain sex offenses from
being considered by a court for pretrial release.

OREGON

No bills tracked by ATSA passed.

PENNSYLVANIA (in session)

HB631: Makes changes related to registration requirements and penalties
for failure to comply.

HR519: Recognizes pornography as a public hazard.

Tracking 10 additional bills.

RHODE ISLAND (in session)

Tracking 15 bills.

SOUTH CAROLINA (in session)

Tracking one bill.

SOUTH DAKOTA

HB1054:  Revises provisions regarding crimes that are considered violent
for parole calculation purposes.

HB1109:  Provides parole eligibility for certain inmates.

HB1285:  Disallows any registered sex offender from establishing a
residence within a community safety zone and requires notification if
staying for more than 24 hours within a community safety zone, with some
exceptions.

SB61:  Revises certain provisions regarding sex offender management
including setting a three-day limit for notification after moving to a new
address within the state and a minimum of three days’ advance notice
before
moving out of the state.

TENNESSEE

HB0404: Requires individuals placed on probation for an offense that would
qualify the person as a child rapist or child sexual predator and who does
not maintain either a primary or secondary residence to enroll in a
satellite-based monitoring and supervision program for the full extent of
the person’s probation.

HB1020: Allows local governing bodies to prohibit sex offenders from living
in short-term rentals.

HB1947: Defines playgrounds for the purpose of sexual offender restrictions
to include any indoor or outdoor facility intended for recreation by
children and owned by the state, a local government, or a not-for-profit
organization.

HB2092: Classifies the continuous sexual abuse of a child as a violent
sexual offense for purposes of sentencing and sex offender registration.

HB2323: Allows a sexual offender whose victim was a minor to obtain sexual
offender treatment at a location within 1,000 feet of a school, child care
facility, public park, playground, recreation center, or pubic athletic
field.

HB2523: Declares as void and unenforceable settlement agreement provisions
that have the purpose of concealing details related to the claim of child
sexual abuse, except for victim identification.

HB2536: Requires a study of the effectiveness of statutes of limitation
on prosecution for criminal offenses, including information on sexual
offense statutes of limitation.

SB1920: Defines playgrounds for the purpose of sexual offender restrictions
to include any indoor or outdoor facility intended for recreation by
children and owned by the state, a local government, or a not-for-profit
organization.

SB1944: Classifies the continuous sexual abuse of a child as a violent
sexual offense for purposes of sentencing and sex offender registration.

SB2313: Allows a sexual offender whose victim was a minor to obtain sexual
offender treatment at a location within 1,000 feet of a school, child care
facility, public park, playground, recreation center, or pubic athletic
field.

SB2538: Requires a study of the effectiveness of statutes of limitation
on prosecution for criminal offenses, including information on sexual
offense statutes of limitation.

UTAH

HB0077:  Amends the definition of sexual abuse of a minor.

HB0291:  Creates a commission to review and modify sentencing guidelines.

VERMONT

No bills tracked by ATSA passed.

VIRGINIA

HB511:  Adds the complaint that a child has been left alone in the same
dwelling with a person to whom the child is not related by blood or
marriage and who has been convicted of a sexually violent offense against
a minor to the list of complaints of suspected child abuse or neglect,
upon receipt of which a local department of social services is required
to notify the local attorney for the Commonwealth and the local law
enforcement agency.

SB267:  Requires the Director of the Board of Corrections to conduct a
monthly review of a database of prisoners convicted of sexually violent
offenses and, using an evidence-based assessment protocol approved by the
Director and the Commissioner of Behavioral Health and Developmental
Services, identify all such prisoners who appear to meet the definition
of a sexually violent predator and are scheduled for release from prison
within 24 months from the date of such review.

WASHINGTON

HB1539:  Creates a curriculum for the prevention of sexual abuse of
students.

HB2611:  Clarifies confidential privilege for peer support group
counselors.

HB2638:  Creates a graduated reentry program of partial confinement for
certain offenders.

HB2700:  Clarifies the handling of child forensic interviews and child
interview digital recordings.

SB5987:  Creates a pretrial release program.

SB6160:  Revises conditions under which a person is subject to exclusive
adult jurisdiction and extends juvenile court jurisdiction over serious
cases to age 25.

SB6582:  Prohibits public institutions of higher education from using
initial admissions applications that request information about an
applicant’s criminal history; allows institutions to inquire into criminal
history after the applicant has otherwise been determined to be qualified
for admission; prohibits an institution from automatically or unreasonably
denying an applicant’s admission or restricting access to campus residency
based on the applicant’s criminal history; and requires institutions to
develop a process for determining whether there is a relationship between
an applicant’s criminal history and a specific academic program or campus
residency to justify denial or restriction.

WEST VIRGINIA

HB4402:  Prevents sexual abuse by requiring yearly education to students
in K-12 and providing training to public school employees.

SB404:  Amends registry requirements by requiring sex offender registry
information provided by offenders to be consistent with the criminal code,
adding crimes of sexual assault in the third degree; and clarifying the
duration of registration for qualifying offenders.

WISCONSIN (in session)

AB539: Enacts plans for supervised release of sexually violent persons and
representation of sexually violent persons by the state public offender.

No additional bills being tracked.

WYOMING

SF0093:  Authorizes school districts to provide instruction to students
and to take other specified actions relating to child sexual abuse education
prevention and response.

…Ann

Ann Snyder
Public Affairs Coordinator
Association for the Treatment of Sexual Abusers
4900 SW Griffith Drive, Suite 274
Beaverton, OR  97005-4732
503-643-1023

  • Sound Research * Effective Practice * Informed Policy * Comprehensive
    Prevention *

Get ready for #ATSA2018 in Vancouver, British Columbia, Canada. ATSA’s
annual conference is the largest research and education venue of its kind
in the world. We’ll see you at the Hyatt Regency Vancouver
<https://vancouver.regency.hya tt.com/en/hotel/home.html> and the Fairmont
Hotel Vancouver <http://www.fairmont.com/hotel -vancouver/> October 17 –
20,
2018.

Pending Sex Offense Related Bills Legislation Nationwide

Pending Sex Offense Related Bills Legislation Nationwide

Pending Sex Offense Related Bills Legislation Nationwide


https://www.regenesisradio.com/product/fact-based-sex-offender-recidivism-research-statistics-whitepaper/

The SEX OFFENDER RECIDIVISM COMPARISON: WASHINGTON STATE AND FLORIDA – RECIDIVISM, RESEARCH AND RESULTS, contains recidivism research of sex offenders dating back to the early 1990’s from the following independent research resources:
  • Department of Justice,
  • Washington State
  • Arizona,
  • Michigan,
  • Tennessee,
  • Ohio,
  • Minnesota
  • Alaska,