While the proposal enjoys broad political support, some are concerned it places too much focus on punishment and too little on local sex offense data or on treatment for offenders.
The rate of sex crimes involving children may be roughly half of what it was 10 years ago….but that decline hasn't dulled the ardor of those looking to get tough those who prey on children…………First and foremost is the Governor.
"Our children deserve the protection that this legislation would in fact provide……and sexual predators have earned the stiff penalties that this legislation would ensure…."
Here's House speaker Doug Scamman,
"Pass this piece of legislation."
And there's Senate Majority Leader Bob Clegg.
"Now is the time for all of us to get behind the governor, get behind law enforcement and the county prosecutors and push this bill through."
But so far, the bill's yet to clear its first hurdle -- the House Criminal Justice and Public Safety Committee……That committee has been scrutinizing the measure since January……And that's no small undertaking…….both because of bill's scope -- the text runs more than 25 pages -- and because of the charged nature of the topic.
"There's a little bit of hysteria and a little bit of paranoia but there's some good things in that bill."
That's House Criminal Justice and Public Safety Committee Chairman David Welch…..Among the bill's good things, he says, are provisions to strengthen sex offender registration requirements….Welch also favors the idea of using satellite tracking to monitor sex criminals……..But Welch is less pleased with several of the bill's key provisions. He's leery of mandatory minimums and thinks it's a mistake to giveprosecutors --and not judges -- discretion over maximum sentences. Welch fears political considerations could prompt county attorneys to seek more maximum sentences that are warranted…….Welch says his biggest problem is the proposal' near exclusive stress on punishment.
"Nowhere in that bill does it talk about any attempts at treatment or rehabilitation. Keeping them in longer does remove them from the public but it doesn't do anything for them when they get back out….All you've done is destroy their means of making a living……so there are going to become a ward of the state probably, and not everyone is dangerous to the public."
And that last point, the matter of recidivism, is a particularly sensitive one…….First, because the crimes under scrutity are committed against the most vulnarble……and second, because sexual deviance is broadly seen as something that can at best be managed and never cured……There is also the matter of reliable data……… In testimony before the House Criminal Justice Committee, Attorney General Kelly Ayotte asked lawmakers to be wary…..to a point.
"I don't what you to be fooled by the statistics that could be thrown on you that represent recidivism rates…..A Canadian study over a 25 year period demonstrated that 3 out of 4 would reoofend after 15 years out and within 25 years out 4 out of 5 would reoffend."
"In spite of what the Attorney General says I think the research is fairly clear that rates of recidivism among sex offenders are not overwhelmingly large."
David Finkelhor directs UNH's Crimes Against Children Center. He says catching and prosecuting offenders is crucial to curbing sex crimes……But he adds that that doesn't mean all of them need to serve lengthy prison terms.
"There are some individuals who do commit a lot of offenses……But many can be returned to the community and with adequate supervisions and treatment do not pose a great deal of risk."
Finkelhor says the key to predicting risk of reoffense…..is good treatment programs……….At present, any sex offender in state prison must complete a yearlong sex offender course to be considered for parole……..The state now lacks any similar programs for juvenile offenders -- a groups estimated to commit about half the offenses against young children………The sexual predators bill is expected to emerge from it's House Committee in the next several weeks…..The Lynch adminstration, meanwhile says the Governor remains foursquare behind the original proposal…..The full house must vote on the measure by the end of March.
Josh, With VT being a state where predators and pedophiles can get treatment and not much prison time (as indicated by the Judge Cashman ruling earlier this year), I was hoping we would pass the mandatory minimum sentancing law so all the NH pedaphiles would head up to VT and make NH a safer place for our children. Although this proposed bill had some good registration proposals, it fell short of punishing these perverts. At what point did it become ok to give treatment instead of punishment? I am glad we can and are considering treatment.
A 25 year mandatory sentance for first time offenders for crimes against under 13 is a must. After about the 23rd year we can start rehabilitating them back into society. Lets keep our children safe in NH. I care more about the childrens safety than the treatment plan for them. At the 25 minimum sentance, we have plenty of time to figure how we are going to get them back into society. Meantime, lock those scumbags up.