SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Jacob Wetterling
Crimes Against Children and Sexually Violent Offenders
Registration Improvements Act of 1997’’.
SEC. 2. STANDARDS FOR SEX OFFENDER REGISTRATION
PROGRAMS.
(a) IN GENERAL.—Section 170101(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘with
a designated State law enforcement agency’’;
and
(B) in subparagraph (B), by striking ‘‘with
a designated State law enforcement agency’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) DETERMINATION OF SEXUALLY VIOLENT
PREDATOR
STATUS; WAIVER; ALTERNATIVE
MEAS-
URES.—
‘‘(A) IN
GENERAL.—A determination of
whether a person is a sexually violent predator
for purposes of this section shall be made by a
court after considering the recommendation of
a board composed of experts in the behavior
and treatment of sex offenders, victims’ rights
advocates, and representatives of law enforce-
ment agencies.
‘‘(B) WAIVER.—The Attorney General may
waive the requirements of subparagraph (A) if
the Attorney General determines that the State
has established alternative procedures or legal
standards for designating a person as a sexually
violent predator.
‘‘(C) ALTERNATIVE MEASURES.—The At-
torney General may also approve alternative
measures of comparable or greater effectiveness
in protecting the public from unusually dan-
gerous or recidivistic sexual offenders in lieu of
the specific measures set forth in this section
regarding sexually violent predators.’’; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘that
consists of—’’ and inserting ‘‘in a range of of-
fenses specified by State law which is com-
parable to or which exceeds the following range
of offenses:’’;
(B) in subparagraph (B), by striking ‘‘that
consists of’’ and inserting ‘‘in a range of of-
fenses specified by State law which is com-
parable to or which exceeds the range of of-
fenses encompassed by’’; and
(4) by adding at the end the following:
‘‘(F) The term ‘employed, carries on a vo-
cation’ includes employment that is full-time or
part-time for a period of time exceeding 14
days or for an aggregate period of time exceed-
ing 30 days during any calendar year, whether
financially compensated, volunteered, or for the
purpose of government or educational benefit;
and
‘‘(G) The term ‘student’ means a person
who is enrolled on a full-time or part-time
basis, in any public or private educational insti-
tution, including any secondary school, trade, or
professional institution, or institution of higher
education.’’.
(b) REQUIREMENTS UPON RELEASE, PAROLE, SU-
PERVISED RELEASE, OR PROBATION.—Section 170101(b)
of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071(b)) is amended—
(1) in paragraph (1)—
(A) by striking the paragraph designation
and heading and inserting the following:
‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;
(B) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘or in the case of probation,
the court’’ and inserting ‘‘the court, or an-
other responsible officer or official’’;
(ii) in clause (ii), by striking ‘‘give’’
and all that follows before the semicolon
and inserting ‘‘report the change of ad-
dress as provided by State law’’; and
(iii) in clause (iii), by striking ‘‘shall
register’’ and all that follows before the
semicolon and inserting ‘‘shall report the
change of address as provided by State law
and comply with any registration require-
ment in the new State of residence, and in-
form the person that the person must also
register in a State where the person is em-
ployed, carries on a vocation, or is a stu-
dent’’; and
(C) in subparagraph (B), by striking ‘‘or
the court’’ and inserting ‘‘, the court, or an-
other responsible officer or official’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) TRANSFER
OF
INFORMATION
TO
STATE
AND
FBI; PARTICIPATION
IN
NATIONAL
SEX
OF-
FENDER REGISTRY.—
‘‘(A) STATE
REPORTING.—State proce-
dures shall ensure that the registration infor-
mation is promptly made available to a law en-
forcement agency having jurisdiction where the
person expects to reside and entered into the
appropriate State records or data system. State
procedures shall also ensure that conviction
data and fingerprints for persons required to
register are promptly transmitted to the Fed-
eral Bureau of Investigation.
‘‘(B) NATIONAL
REPORTING.—A State
shall participate in the national database estab-
lished under section 170102(b) in accordance
with guidelines issued by the Attorney General,
including transmission of current address infor-
mation and other information on registrants to
the extent provided by the guidelines.’’;
(3) in paragraph (3)(A)—
(A) in the matter preceding clause (i), by
striking ‘‘on each’’ and all that follows through
‘‘applies:’’ and inserting the following: ‘‘State
procedures shall provide for verification of ad-
dress at least annually.’’; and
(B) by striking clauses (i) through (v);
(4) in paragraph (4), by striking ‘‘section re-
ported’’ and all that follows before the period at the
end and inserting the following: ‘‘section shall be re-
ported by the person in the manner provided by
State law. State procedures shall ensure that the up-
dated address information is promptly made avail-
able to a law enforcement agency having jurisdiction
where the person will reside and entered into the ap-
propriate State records or data system’’;
(5) in paragraph (5), by striking ‘‘shall reg-
ister’’ and all that follows before the period at the
end and inserting ‘‘and who moves to another State,
shall report the change of address to the responsible
agency in the State the person is leaving, and shall
comply with any registration requirement in the new
State of residence. The procedures of the State the
person is leaving shall ensure that notice is provided
promptly to an agency responsible for registration in
the new State, if that State requires registration’’;
and
(6) by adding at the end the following: