Friday, February 13, 2009

More Adam Walsh Act Reports Leaked : WikiLeaks Releases Two Adam Walsh Act Reports.

WikiLeaks, a wiki-style website that distributes sensitive documents anonymously, has released thousands of reports authored by the Congressional Research Service, including two reports discussing the Adam Walsh Act from April 2007. The first is entitled: Adam Walsh Child Protection and Safety Act: A Legal Analysis and can be viewed here. The second is entitled Adam Walsh Child Protection and Safety Act: A Sketch and can be viewed here.

Adam Walsh Child Protection and Safety Act: A Legal Analysis, April 6, 2007 (PDF file):
The act's provisions fall into four categories: a revised sex offender registration system, child and sex related amendments to federal criminal and procedure, child protective grant programs, and other initiatives designed to prevent and punish sex offenders and those who victimize children.

Direct link to PDF.

Adam Walsh Child Protection and Safety Act: A Sketch, April 17, 2007 (PDF file):
Reformulates the federal standards for sex offender registration in state, territorial and tribal sexual offender registries, and does so in a manner designed to make the system more uniform, more inclusive, more informative and more readily available to the public online. It amends federal criminal law and procedure, featuring a federal procedure for the civil commitment of sex offenders, random search authority over sex offenders on probation or supervised release, a number of new federal crimes, and sentencing enhancements for existing federal offenses. It creates, amends, or revives several grant programs designed to reinforce private, state, local, tribal and territorial prevention; law enforcement; and treatment efforts in the case of crimes committed against children. It calls for a variety of administrative or regulatory initiatives in the interest of child safety, such as the creation of the National Child Abuse Registry.
Direct link to PDF

Unfortunately, the reports pays little attention to the constitutional problems posed by the Act.

Update Feb 14, 2009: More Released Documents found:

Sex Offender Registration and Community Notification Law: Recent Legislation and Issues, June 3, 2008
This report provides details of the Walsh Act; analyzes legislation introduced
in the 110th Congress; and discusses continuing policy issues related to sex offender
registration and community notification. It will be updated as events warrant.
Direct link to PDF

Offender Reentry: Correctional Statistics, Reintegration into the Community, and Recidivism, July 11, 2008
Potential issues facing Congress include the adequacy of the federal government's existing grant programs, the lack of current national-level statistics on recidivism, whether other outcome measures should be considered, whether more funding should be allocated toward program evaluations, and whether enough coordination is taking place among the various federal agencies that manage programs used to fund offender reentry.
Direct link to PDF

Sexual Offender Registration Acts: Supreme Court Review of the Connecticut and Alaska Statutes in Connecticut Dept. of Public Safety v. Doe and Otte v. Doe, March 24, 2003
In one, it concluded that as a matter of due process registrants under the Connecticut statute need not be afforded the opportunity of a hearing to establish that they should be released from the burdens of the statute because they are not currently dangerous. In the other, it held that the ex post facto clause does not ban application of the Alaska statute to convictions for misconduct occurring prior to enactment of the statute. The Justices left open the possibility that such statutes might be subject to constitutional attack on substantive due process grounds and possibly on equal protection grounds.
Direct link to PDF