County attorneys blast Senate sex offender bill
By Todd Dorman Journal Des Moines Bureau | Posted: Wednesday, March 22, 2006
DES MOINES -- Tough new sex offender penalties approved in the Iowa Senate Tuesday are drawing sharp criticism from the state's county attorneys.
The Iowa County Attorneys Association urged senators to rethink a bill creating a 25-years-to-life prison term for first-time adult sex offenders whose victims are children age 12 or under. Attorneys say the harsh, mandatory penalty could make it harder to prosecute sexual predators.
The group contends the bill would force most cases to go to trial and push young victims to the witness stand.
"This legislation will seriously harm children," according to the letter distributed Tuesday morning. It said the group "strongly opposes" the bill.
But last-minute criticism didn't stop the Senate from voting 48-0 to approve what has become the marquee criminal justice bill of the 2006 session.
It's the latest in a string of legislative actions sparked by the kidnapping, rape and murder of 10-year-old Jetseta Gage of Cedar Rapids in March 2005. A registered sex offender, Roger Bentley, was convicted in her death.
Senators argued that Bentley would have been in prison a year ago if the bill approved Tuesday had been in place. Passage Tuesday sends the bill to the House.
"I have a lot of respect for county attorneys. I think they're simply wrong on this," said Senate Co-president Jeff Lamberti, R-Ankeny. "This bill protects children."
The bill would apply a mandatory minimum 25-year sentence to adults convicted of second-degree sexual abuse, lascivious acts with a child or sexual exploitation of a minor. Judges would have the power to stretch that 25-year term to a life sentence.
The legislation also creates a potential five-year felony prison term for anyone who provides false information about a sex offender to law enforcement.
"This is a zero-tolerance policy, which I think is the right thing for the state of Iowa," said Sen. Larry McKibben, R-Marshalltown.
But county attorneys argue that zero-tolerance leaves them with zero options to negotiate a plea bargain in cases where the evidence may not add up to a sure conviction at trial. Current law gives prosecutors several sentencing choices for sexual crimes against children.
And in most cases, going to trial means putting a young victim on the stand and subjecting them to cross-examination by defense attorneys. County attorneys say victims are forced to relive their ordeal.
"The main goal in any criminal statute is to produce what's best for the victim," said Paul Martin, county attorney in Cerro Gordo County who is critical of the bill. "And sometimes, a mandatory minimum doesn't accomplish that."
Prosecutors also contend the mandatory sentence makes it less likely that family or friends will turn in an offender. Most sex crimes are perpetrated by family members or close acquaintances.
Tuesday marks the second time this year that the county attorneys association has criticized the Legislature's approach to punishing sex offenders.
The group also called on lawmakers to repeal a law that bars offenders whose victims are children from living within 2,000 feet of a school or day care. Attorneys contend the law has made it tougher for police to track offenders' whereabouts.
Lawmakers also have ignored that criticism.
"I think the people of Iowa want tougher penalties," said Sen. Keith Kreiman, D-Bloomfield. "My biggest concern is the public safety. I don't want to have sexual predators walk after they harm children."
Todd Dorman can be reached at (515) 243-0138 or at todd.dorman@lee.net
By the Numbers
-- 107 -- The total number of people in Iowa convicted in 2005 of second-degree sexual abuse, lascivious acts with a child and sexual exploitation of a minor against victims age 12 and under.
-- 3.9 years -- The average prison sentence served as of Fiscal Year 2005 by a person convicted of Class C felony-level lascivious acts with a child.
-- 615 -- The additional number of inmates who will be in Iowa's prisons under the Senate bill by 2015.
-- 16.4 -- The average number of years an inmate serving a life sentence without possibility parole lives in prison.
-- 57 -- The average age of death of a prisoner serving a life sentence.
-- $14.21 -- The cost per-day, per-inmate of running a state prison.
Source: State Criminal and Juvenile Justice Planning Division, Iowa Legislative Services Agency
The Iowa County Attorneys Association urged senators to rethink a bill creating a 25-years-to-life prison term for first-time adult sex offenders whose victims are children age 12 or under. Attorneys say the harsh, mandatory penalty could make it harder to prosecute sexual predators.
The group contends the bill would force most cases to go to trial and push young victims to the witness stand.
"This legislation will seriously harm children," according to the letter distributed Tuesday morning. It said the group "strongly opposes" the bill.
But last-minute criticism didn't stop the Senate from voting 48-0 to approve what has become the marquee criminal justice bill of the 2006 session.
It's the latest in a string of legislative actions sparked by the kidnapping, rape and murder of 10-year-old Jetseta Gage of Cedar Rapids in March 2005. A registered sex offender, Roger Bentley, was convicted in her death.
Senators argued that Bentley would have been in prison a year ago if the bill approved Tuesday had been in place. Passage Tuesday sends the bill to the House.
"I have a lot of respect for county attorneys. I think they're simply wrong on this," said Senate Co-president Jeff Lamberti, R-Ankeny. "This bill protects children."
The bill would apply a mandatory minimum 25-year sentence to adults convicted of second-degree sexual abuse, lascivious acts with a child or sexual exploitation of a minor. Judges would have the power to stretch that 25-year term to a life sentence.
The legislation also creates a potential five-year felony prison term for anyone who provides false information about a sex offender to law enforcement.
"This is a zero-tolerance policy, which I think is the right thing for the state of Iowa," said Sen. Larry McKibben, R-Marshalltown.
But county attorneys argue that zero-tolerance leaves them with zero options to negotiate a plea bargain in cases where the evidence may not add up to a sure conviction at trial. Current law gives prosecutors several sentencing choices for sexual crimes against children.
And in most cases, going to trial means putting a young victim on the stand and subjecting them to cross-examination by defense attorneys. County attorneys say victims are forced to relive their ordeal.
"The main goal in any criminal statute is to produce what's best for the victim," said Paul Martin, county attorney in Cerro Gordo County who is critical of the bill. "And sometimes, a mandatory minimum doesn't accomplish that."
Prosecutors also contend the mandatory sentence makes it less likely that family or friends will turn in an offender. Most sex crimes are perpetrated by family members or close acquaintances.
Tuesday marks the second time this year that the county attorneys association has criticized the Legislature's approach to punishing sex offenders.
The group also called on lawmakers to repeal a law that bars offenders whose victims are children from living within 2,000 feet of a school or day care. Attorneys contend the law has made it tougher for police to track offenders' whereabouts.
Lawmakers also have ignored that criticism.
"I think the people of Iowa want tougher penalties," said Sen. Keith Kreiman, D-Bloomfield. "My biggest concern is the public safety. I don't want to have sexual predators walk after they harm children."
Todd Dorman can be reached at (515) 243-0138 or at todd.dorman@lee.net
By the Numbers
-- 107 -- The total number of people in Iowa convicted in 2005 of second-degree sexual abuse, lascivious acts with a child and sexual exploitation of a minor against victims age 12 and under.
-- 3.9 years -- The average prison sentence served as of Fiscal Year 2005 by a person convicted of Class C felony-level lascivious acts with a child.
-- 615 -- The additional number of inmates who will be in Iowa's prisons under the Senate bill by 2015.
-- 16.4 -- The average number of years an inmate serving a life sentence without possibility parole lives in prison.
-- 57 -- The average age of death of a prisoner serving a life sentence.
-- $14.21 -- The cost per-day, per-inmate of running a state prison.
Source: State Criminal and Juvenile Justice Planning Division, Iowa Legislative Services Agency
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