Kratovil Introduces SCREEN Act; Prevents Release Of Violent Federal Sex Offenders Deemed To Still Pose A Threat

Washington, DC – Today, Rep. Frank Kratovil introduced HR 5232, The Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010. Rep. Kratovil’s bill would require the most violent federal sex offenders to undergo a mandatory evaluation prior to their release from federal custody to determine if they are sexually dangerous and remain a threat to society, and would prevent their release if they cannot present clear and convincing evidence that they no longer pose a threat.

“Both scientific and anecdotal evidence have shown that the high rate of recidivism among sexual offenders can present a dangerous threat to our communities upon their release,” said Rep. Frank Kratovil. “My legislation will reform the system so that an offender would not be released into the community if the individual still poses a threat.”

Essentially, the SCREEN Act would authorize, in addition to fines, imprisonment and probation, a fourth category of federal punishment that consists of a sentence to a “term of special confinement for the prevention of sexual predation.” This punishment would be applicable in the case of certain sexual offenses, including Aggravated Sexual Abuse, Sexual Abuse, Sexual Offense Resulting in Death, and Sexual Exploitation of Children.

If this legislation is passed, when an individual is convicted under any of the crimes listed above then following any term of imprisonment the individual would be required to serve a term of special confinement for the prevention of sexual predation for life, unless a court finds by clear and convincing evidence that the offender is no longer a sexually dangerous person. A mandatory hearing to make this determination would occur no earlier than 180 days before such a prisoner is scheduled to be released.

If a court finds by clear and convincing evidence that the defendant remains a sexually dangerous person, the defendant would not be released at the end if his or her sentence, and would instead be placed in suitable and secure facility for treatment until such time that a court determines they are no longer a sexually dangerous person. This “period of special confinement” could extend for the duration of the offender’s life.

“The horrific nature of these crimes demands a prison sentence that not only punishes the individual, but ensures they are not released back into society If they still pose a threat at the end of their term,” said Rep. Kratovil.

Rep. Kratovil, a former prosecutor, has made the prosecution and incarceration of sexual predators a priority his entire career. On January 13th Kratovil sent a letter to Maryland Governor Martin O’Malley and General Assembly leaders urging legislative action and offering his assistance to bring Maryland’s sex offender registration and notification laws into compliance with revised federal standards.

Kratovil’s letter asked the leaders to make implementation of the revised federal sex offender registry standards a top priority for the new legislative session, and offered to work closely with state leaders in the effort to meet these federal standards. He also submitted written testimony supporting this state legislation to committees of jurisdiction in both the General Assembly and Senate.

Click here to view a copy of the letter.