Members of Congress often justify their actions as being "for
the children." So why is it proving so difficult to get them to
fully fund the sex offender registry and notification system they
created two years ago under the Adam Walsh Act?
This one really is for the children.
Keeping track of convicted sex offenders is a crucial part of
our strategy to protect kids and vulnerable adults. Until recently,
though, the law was an unworkable patchwork. Though all of the
states had offender databases, the data they collected was
haphazard and their classifications of offenses were wildly
inconsistent. Information-sharing between the states and
territories with federal law enforcers was difficult, and federally
recognized Indian tribal jurisdictions weren"t even part of any
national program at all.
The result: More than 100,000 convicted sex offenders were
officially "missing." No one knew where they were. Parents had no
reliable way to know if a convicted sex offender lived next door,
and childcare providers and schools couldn"t screen out convicted
abusers.
Something had to change, and it finally did in 2006, after a
spate of high-profile crimes against children by registered sex
offenders pushed the issue onto the national stage.
"America"s Most Wanted" host John Walsh, whose 6-year-old son
Adam was abducted and murdered in 1981, spearheaded the effort to
bring consistency to the law. The result was the Adam Walsh Act,
which created the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking (SMART). The office is
responsible for coordinating sex offender tracking nationwide,
providing technical assistance to the states, territories and
federally recognized Indian tribes, and assisting all parties to
meet the law"s minimum standards.
Most crime is handled at the state and local levels, as it
should be. But there is an appropriate national role in the
coordination of certain efforts to combat interstate crime and
related problems. The tracking of convicted sex offenders (who move
from state to state) is one of those areas where the federal
government should play a leading role in coordinating state and
federal efforts. And that"s just getting underway now.
At the federal level, SMART has been busy issuing detailed
guidelines for the jurisdictions to help implement and develop new
software tools to keep track of offenders, as well as build a
national information-sharing system to tie everything together. To
get promised federal funding, states, territories and tribes have
to bring their existing laws into line with the new standards and,
in some cases, radically rework their registration and tracking
systems. This work is ongoing; the law demands substantial
compliance by July 27, 2009.
Congress required much under the Act, but has done little to
provide the promised funding. States, territories and some tribes
that miss the deadline stand to lose 10 percent of their federal
money under the Byrne Memorial Justice Assistance Grant Program,
which they use to pay for interstate task forces and special
investigations. But Congress cut Byrne grants by two-thirds this
year, so that's no longer much of a stick. Some states are
seriously considering delaying implementation of the Adam Walsh
Act, or skipping it altogether, at least until financial conditions
change.
There's no carrot to coax the states into compliance, either.
Back in 2006, Congress promised that it would help offset the cost
of implementing the new rules and provide big bonuses for beating
the 2009 deadline. The funding that's come through, however, has
been just a trickle, not nearly enough to meet the requirements
under the law.
Congress has also fallen short in providing money for federal
law enforcers to carry out their responsibilities under the Adam
Walsh Act, such as hunting down, arresting and prosecuting
unregistered sex offenders. According to the Congressional Budget
Office, 350 new deputy marshals are needed to get the job done, at
a cost of $220 million over five years. So far, Congress has come
forward with nowhere near that amount.
Blame bad priorities. The 2008 congressional budget has nearly
12,000 pork-barrel earmarks worth nearly $17 billion. Skimping on
efforts to protect children and vulnerable adults from sex
offenders demonstrates that Congress still hasn't gotten the
message.
John Walsh was right when, just after the signing of the law
named for his murdered son, he observed, "Legislation without the
resources to back it up is nothing more than a photo op."
Adam Walsh, and all of our citizens, deserve better
Charles "Cully" D. Stimson , a Senior Legal
Fellow at The Heritage Foundation was the Deputy Assistant
Secretary of Defense for Detainee Affairs in 2006-2007. Andrew M.
Grossman is a Senior Legal Policy Analyst at Heritage.