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January 27, 2005
PROTECT's campaign to expose failing sex offender registries and fight for real child safety instead begins in Virginia.
PROTECT was joined by two Virginia groups today in calling on the Virginia General Assembly to take immediate action in response to over 3,000 registered sex offenders who have gone AWOL. A letter to the legislators called for Virginia prosecutors and judges to begin getting serious about the problem of those who fail to register as required by law, and gave specific suggestions for action.
Our news release on this public safety crisis follows:
News Release
Thursday, January 27, 2005
Over 3,000 Virginia Sex Offenders AWOL
State Registry Has 23 Percent Absconder Rate
Prosecutors, Judges Failing to Enforce the Law
Virginia Families Given False Sense of Security
JANUARY 28, 2005—Approximately one in every four people on Virginia's sex offender registry is officially classified as an absconder, with whereabouts unknown to law enforcement. And despite the widespread public belief that the registry provides safety for families and children, Virginia prosecutors and judges are not enforcing laws that require dangerous predators to register.
Those were two of the alarming facts included in a letter sent to Virginia legislators today by three citizen groups. The letter asked members of the Virginia General Assembly to make the stateís absconder crisis an immediate priority.
“Virginia families would be shocked to know that dangerous predators are being monitored by a virtual honor system,” said the letter, which was sent by the National Association to Protect Children, Concerned Women for America of Virginia and the Central Virginia Family Forum to every member of the General Assembly.
Data released by the groups today portray a system that is failing to enforce its own laws:
* As of January 18, 2005, there were 3,053 registered sex offenders, out of a population of 13,021, listed as absconders. About 84 percent of all registered sex offenders in Virginia are considered “sexually violent” offenders. (source: Virginia State Police)
* Looking at the numbers over the period of a year sheds even greater light on the severity of the absconder problem. Virginia State Police report they conducted approximately 5,500 absconder investigations in 2004, each one prompted by a failure to register (source: Virginia State Police)
* Despite approximately 5,500 investigations annually, the Virginia Criminal Sentencing Commission estimates that less than five percent of all absconder investigations by state police result in convictions. (source: Virginia Criminal Sentencing Commission Impact Analysis on H.B. 1867 (Brink), 1/3/05
* The Sentencing Commission further estimates that a total of 37 individuals were convicted and sentenced to state prison for failure to register in FY 2003-2004, serving a median sentence of 1.7 years. This is less than one percent of all absconder investigations conducted by Virginia state police. Felony failure to register is a Class six felony, punishable by up to a five year sentence.
Last week's abduction of an 11-year -old Florida boy brought national attention to the growing problem of states that can't find thousands of registered sex offenders. 42-year-old Frederick Fretz, a convicted sex offender who absconded from registration, was captured on a Georgia highway thanks to an Amber Alert, but there may be thousands more like him loose in Virginia.
The letter called upon legislators to take action this legislative session. “With no fewer than six bills pertaining to the sex offender registry now before you, we believe the General Assembly has an historic opportunity to act. We strongly urge you to take action to protect Virginia families.”
The groups called for legislation to create mandatory minimum sentences for willful failures to register and for repeat offenders, a registration fee for offenders that would generate revenues for state police and the immediate creation of a state Task Force to investigate why Virginia sex offender registry absconders are not being convicted and sentenced to prison and what can be done to strengthen public safety.
The groups also had praise for Virginia law enforcement. “Virginia state police have shown great dedication in tracking absconders,” said the letter, “but they are being put in an impossible position. Law enforcement professionals are chasing too many perpetrators who clearly have no fear of the law. This situation undermines the good work of law enforcement and puts the safety of Virginia children at risk.”
ATTENTION NEWS MEDIA: To view the Virginia Criminal Sentencing Commission's estimates on convictions for failure to register, click here and then click on "Impact Statement."
Letter to the Virginia General Assembly
January 17, 2005
Virginia General Assembly
Richmond, VA
Dear :
We are writing to ask for your help on an urgent crisis facing Virginia families.
Last week, a convicted sex offender named Frederick Fretz abducted an 11-year- old boy in Florida, traveling as far as Georgia before the boy was rescued. As you may know, Fretz was known to authorities before he committed this tragic crime: He was a registered sex offender who had absconded from registration, his whereabouts unknown to police.
In Virginia, nearly one in every four registered sex offenders, or 3,053, is officially classified as an absconder. Their whereabouts and activities are unknown to law enforcement. While this number represents a snapshot of the problem of dangerous predators failing to register, another estimate gives a more accurate picture of this crisis: in 2004, the Virginia State Police estimate they conducted 5,500 absconder investigations.
We consider the number of sex offenders who have gone AWOL in Virginia an urgent crisis. Yet, the problem is more serious. A recent Impact Analysis (H.B. 1867) done by the Virginia Criminal Sentencing Commission for the General Assembly estimates that just 262 individuals were convicted in FY 2003-2004 of misdemeanor or felony failure to register as a sex offender. Despite penalties of up to 5 years for felony failure to register, just 37 were believed to have been sentenced to state prison terms, with a median sentence of 1.7 years.
Put another way, the Sentencing Commission estimates that less than 5% of all absconder investigations by state police result in convictions, and less than 1% in state prison time. Even if the Commissions' estimates are off by a factor of five, this is extremely troubling.
Virginia State Police have shown great dedication in tracking absconders, but they are being put in an impossible position. Law enforcement is chasing too many predators who clearly have no fear of the law. This crisis undermines the good work of law enforcement and puts the safety of Virginia children at risk.
Virginia Can Be a Leader
Many states are facing similar serious problems in tracking registered sex offenders. California reported over 35,000 absconders last year and Tennessee found that over 30% of its registered offenders were unaccounted for. In many states, penalties for absconding are very low, making failure to register a low law enforcement priority. In other states, registry officials report grossly inadequate staffing, typically with a staff of 2 or 3 responsible for maintaining the registry database and tracking absconders.
The good news is that Virginia is doing some things right. In contrast to many states, Virginia has a trained, specialized state-level staff of 11 people working on the sex offender registry. The General Assembly, as well, has shown its commitment to this issue by providing for felony penalties of up to five years for felony failure to register. On paper, then, it would seem that conditions would be right for an aggressive attack on this problem.
Recommendations
We respectfully recommend three immediate steps that would help address these problems:
1. Create a mandatory minimum sentence of three years for willful or repeated failure to register. The law should distinguish between those who negligently fail to register on time (these individuals should still face criminal sanctions) and those who willfully do so. We suggest that this mandatory sentence be applied to those who fail to report or register upon changing addresses, those who evidence an attempt to evade or hide while failing to register, and those who commit a second or subsequent offense within a two- year period.
2. Assess a nominal registration fee to individuals on the sex offender registry. This has been done in other states. A fee of $10 per quarter for sexually violent offenders and $20 annually for non-sexually violent offenders would generate nearly half a million dollars annually. We recommend that some of these funds be set aside to educate the public about the registry and how to use it to protect their families, the remainder going to the state police for operation of the registry.
3. Create a legislative Task Force to look into why sex offender registry absconders are not being prosecuted and imprisoned in Virginia and how the registry can be improved. We suggest this Task Force include representatives from all law enforcement agencies, prosecutors, the courts, victims' rights advocates and citizens. We also suggest that the legislature direct the Virginia Criminal Sentencing Commission to study prosecutions and sentencing by jurisdiction throughout the Commonwealth, so as to provide a better understanding of where barriers are.
We Urge You to Act
Virginia families would be shocked to know that dangerous predators are being monitored by a virtual honor system in the Commonwealth of Virginia. With so many known and dangerous persons missing from the registry, we fear it is only a matter of time before tragedy strikes again. Innocent children could pay the price.
With no fewer than six bills pertaining to the sex offender registry now before you, we believe the General Assembly has an historic opportunity to act. We strongly urge you to take action this legislative session to protect Virginia families.
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