Note: For the purposes of the CrimeSolutions review, the specific focus was on the implementation of federal sex-offender registry requirements in 14 states: California, Delaware, Florida, Illinois, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Ohio, Oregon, Texas, and Virginia. All 14 states established a sex-offender registry within the 3 years of the passage of the law.
Program Goals/Components
The sex-offender registry requirement, known as the Jacob Wetterling Act of 1994 (U.S. Congress 1993) was a federal law requiring states to enact sex-offender registries for use by law enforcement. The passage of the legislation marked the first time a federal requirement was placed on states concerning the monitoring and tracking of those convicted of sex offenses through the use of registries. Prior to its passage, there was no uniform system in place.
Registries under the Jacob Wetterling Act were databases containing information on individuals convicted of a criminal offense against a victim who is a minor. The information included a photograph, name, address, and the crime committed. The objective of the registration requirement was to help law enforcement investigations by providing access to information on known suspects in the community. The registries also allowed for background checks on potential employees and volunteers at child care centers. The goal was to prevent crimes against children.
In addition to establishing a sex-offender registry, the minimal requirements outlined for law enforcement included: 1) registering those convicted of a criminal sex offense against a minor for at least 10 years, 2) informing those paroled of sex offenses of registration obligations upon release, 3) requiring registrants to update address information when necessary, 4) verifying the registrant's address periodically, and 5) releasing registration information on a discretionary basis, as necessary, to the public. Federal funding was withheld from states who did not enact the law within 3 years of its passage.
Target Population
The requirement applied to individuals convicted of a criminal offense against a victim who is a minor, including people convicted of a sex offense. While the definition of a sex crime varies by state, generally these acts include rape (forced or statutory), sexual assault or battery, child molestation or any sexual conduct with a minor, production or possession of child pornography, or any attempt to commit a sex crime.
Additional Information
Since the legislation first passed in 1994, a number of other federal requirements have been put into place to enhance and expand the goals and intent of the original legislation. These include Megan's Law (passed in 1996), which amended the Jacob Wetterling Act to include community notification, and the Pam Lychner Act (passed in 1996), which established a national sex-offender database. In 2006, the Sex Offender Registration and Notification Act (SORNA) replaced the Wetterling Act and its amendments, to close potential gaps and loopholes that existed under the prior law and strengthen the nationwide network of sex-offender registration and notification programs.
