Sex crimes may net more time

Legislation could increase penalties of those who commit sex offenses against young children

RALEIGH -- A bill before the state legislature would toughen sex crime penalties, sending some violent offenders who target children to prison for at least 25 years and then monitoring more of them by GPS satellites when they do get out.

The state House already passed a version of the Jessica Lunsford Act for North Carolina, named for a 9-year-old Florida girl who was kidnapped, raped and killed in 2005 by a neighbor who was a convicted sex offender. A Senate version made it out of a Judiciary Committee hearing Tuesday night and is on its way to an appropriations committee before coming to the Senate floor for a vote.

If the bill passes, people who rape or commit sexual offenses against children younger than 13 would receive minimum 25-year prison sentences with the possibility of serving a lifetime behind bars. Right now, an offender who rapes a child but has no previous criminal history could serve a minimum sentence of 12 years in prison.

"I'm not saying they don't need a program or some type of psychiatric care, but we can't have people like this out," said Mark A. Palmer of Charlotte. Palmer pushed for the bill after hearing about several high-profile sexual assault cases.

If this legislation is enacted, the additional penalties would increase the need for more prison beds when the state prison system is already running low. Over five years, it would cost taxpayers an additional $6.58 million for beds, GPS equipment and other costs, according to a projection by the General Assembly's fiscal research division.

The General Assembly has discussed the shortage of prison beds during the current session, proposing building more prisons as a long-term solution. For a stopgap, officials have discussed the early release of terminally ill, geriatric or seriously disabled inmates who have been determined not to be a threat to society.

Senate Majority Leader Tony Rand also has proposed releasing some nonviolent illegal immigrants to U.S. immigration officials for deportation.

Finding prison cells for offenders who commit crimes against children shouldn't be an issue, said state Rep. Tim Moore, a Shelby Republican. Moore sponsored the House version of the Jessica Lunsford Act.

"When it comes to sex offenders, we need to find the room and make the room," Moore said.

The bill also addresses the GPS monitoring of sex offenders and would expand the numbers and types of offenses subject to lifetime monitoring. Those convicted of taking indecent liberties with children would join the repeat offenders, aggravated offenders and violent predators already wearing ankle bracelets that allow state correction officers to track their movements.

An estimated 120 people were under the satellite monitoring as of late April, but several people have had their electronic monitors removed after judges ruled the law unfairly punished people because it was a retroactive punishment.

The inclusion of those convicted of taking indecent liberties with children will mean a significant jump in the number of those being tracked by GPS satellite monitoring. Over the past five years, 4,025 people were convicted of indecent liberties with a child, according to data from the N.C. Administrative Office of the Courts. Many of those convicted of this offense were sent to prison, but others avoided jail time and were placed on probation.

The North Carolina affiliate of the American Civil Liberties Union has objected to an early version of this legislation that would have barred convicted sex offenders from being in any public place where children gather.

"We thought that was much too broad and would pretty much prohibit anyone on the registry from going anywhere," said Sarah Preston, ACLU's legislative counsel.

The legislation was revised, but one of the sponsors said he thinks it's appropriate to come down hard on the offenders.

"If I violate these people's civil rights, it doesn't bother me," said state Sen. David W. Hoyle, D-Gastonia. "It's one strike and you're out."

(News researcher Paulette Stiles contributed to this report.)