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The Adam Walsh Child Protection and
Safety Act of 2006
(Public Law 109-248)
On July 27, 2006, the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248) was signed into law. The Act provides that the “Attorney
General shall use the resources of Federal law enforcement, including
the United States Marshals Service, to assist jurisdictions in locating
and apprehending sex offenders who violate sex offender registration
requirements”.
The new law also established a new federal
crime (18 USC § 2250) which subjects sex offenders who knowingly fail to
register (or to keep their registration current) to up to ten years
imprisonment in the event that they travel in interstate or foreign
commerce. Thus, in addition to assisting state, local, territorial, and
tribal law
enforcement authorities in locating and apprehending unregistered sex
offenders, the U.S. Marshals Service will also work with other local,
state, and federal law enforcement agencies, the National Center for
Missing and Exploited Children (NCMEC), and the U.S. Attorneys Offices
to investigate potential violations of 18 USC § 2250. In furtherance of the Adam Walsh Child Protection and Safety Act of
2006, the United States Marshals Service assists jurisdictions in
locating and apprehending sex offenders who fail to comply with their
sex offender registration requirements, and serves as the lead agency
responsible for investigating violations of 18 U.S.C. § 2250 and related
offenses.
The U.S. Marshals Service performs three distinct missions pursuant to the Act:
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Assisting state, local, tribal, and territorial authorities in the
location and apprehension of non-compliant sex offenders [42 U.S.C. §
16941] ;
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Investigating
violations of 18 U.S.C. § 2250 and related offenses [42
U.S.C. § 16941]; and
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Assisting in the
identification and location of sex offenders relocated as a result
of a major disaster [42 U.S.C. § 16943].
The U.S. Marshals Service also continues to assist federal, state, local, and foreign law
enforcement agencies in locating and apprehending fugitive sex
offenders.
To perform these duties effectively and to avoid duplication of effort,
the U.S. Marshals Service works closely with its law enforcement counterparts, as well as
the National Center for Missing and Exploited Children (NCMEC)
(also linked as
http://www.missingkids.com/ ) and the
DOJ Sex Offender Sentencing, Monitoring, Apprehending, Registering and
Tracking (SMART) Office.
Program Management and Coordination
On August 14, 2006, the U.S. Marshals Service established its Sex Offender Apprehension
Program (SOAP) and designated a program management office (the Sex
Offender Investigations Branch) at U.S. Marshals Service Headquarters to direct and
coordinate the implementation of the Act within the agency. The U.S. Marshals Service has
also designated experienced criminal investigators to serve as sex
offender investigations coordinators (SOICs) within all U.S. Marshals Service districts
and Regional Fugitive Task Forces to spearhead implementation of the
legislation, and to establish and maintain effective contacts with sex
offender registration authorities, corrections officials, and other law
enforcement agencies throughout the country. The U.S. Marshals Service is also
coordinating with NCMEC to generate, analyze, and disseminate leads
concerning non-compliant sex offenders.
The U.S. Marshals Service is well positioned to carry out its new responsibilities under
the Act. Through its existing network of interagency fugitive task
forces, U.S. Marshals Service personnel work alongside law enforcement officers from
hundreds of other local, state, and federal law enforcement agencies on
a daily basis. In FY 2005 and 2006, these interagency efforts resulted
in the execution of 9,614 warrants (4,268 in FY 2005 and 5,346 in FY
2006) for fugitives wanted for sexual assaults, sex offender
registration violations, and other sex offenses. Through these
interagency networks, the U.S. Marshals Service and its partners will be able to
effectively identify, investigate, locate, and apprehend sex offenders
who violate their registration requirements.
The U.S. Marshals Service is also coordinating its enforcement efforts with the
Department of Homeland Security’s Operation Predator, primarily through
the Law Enforcement Support Center in Burlington, Vermont, to ensure
that alien sex offenders arrested by the U.S. Marshals Service are referred to DHS for
potential immigration proceedings.
The U.S. Marshals Service will also continue to coordinate its efforts with U.S.
Attorneys and concerned federal, state, local, and foreign law
enforcement agencies including Internet Crimes against Children Task
Forces, U.S. Postal Inspection Service, Interpol, U.S. Secret Service,
Immigration and Customs Enforcement, Federal Bureau of Investigation,
and other concerned agencies to share information and resources and to
minimize duplication of effort.
Guidelines
Although the U.S. Marshals Service has not received any new resources to
implement the legislation, the President’s proposed FY 2008 budget
includes a request for fifty-four positions for the U.S. Marshals Service to carry out
its new duties. To carry out its responsibilities in the interim, U.S.
Marshals and Regional Fugitive Task Force Commanders have been
authorized, subject to availability of resources, to establish and/or
join specialized units or interagency task forces with a view towards
identifying, investigating, locating, apprehending, and assisting in the
prosecution of non-compliant sex offenders. Furthermore, U.S. Marshals Service
interagency fugitive task forces have been directed to work closely with
state, local, tribal, and territorial law enforcement authorities to
prioritize the location and apprehension of fugitive sex offenders.
Sex
Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
The Department of Justice Sex Offender
Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART)
Office was authorized in the Adam Walsh Child Protection and Safety Act
of 2006.
The responsibilities of the SMART Office include providing states with
guidance regarding the implementation of the Adam Walsh Act, and
providing technical assistance to the states, territories, Indian
tribes, local governments, and to public and private organizations. The
SMART Office also will track important legislative and legal
developments related to sex offenders and administer grant programs
related to the registration, notification, tracking and monitoring of
sex offenders.
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