Adam Walsh Child Protection and Safety Act of 2006

Jul 27, 2006
Jul 27, 2006

Full breakdown available

This pages provides a high-level overview of this law. For full list of provisions, line-item appropriations, and specific funding allocations, please view our detailed breakdown.

Summary

Protects children from sexual abuse by creating a national system to track sex offenders and making punishments for crimes against children much stricter.

What problem does this solve?

Before this law, states had different rules for tracking sex offenders, which made it easy for them to move and commit new crimes without being noticed. This law creates one national system for all states to follow, making it harder for offenders to hide and helping to keep communities safer.

What does this law do?

Establishes a national sex offender registry
Creates a single, nationwide system for registering sex offenders, replacing the patchwork of different state laws.
Creates a three-tier system for offenders
Classifies sex offenders into three tiers based on their crime. Tier I registers for 15 years, Tier II for 25 years, and Tier III for life.
Launches a national public sex offender website
Starts the Dru Sjodin National Sex Offender Public Website. It allows anyone to search for registered sex offenders by zip code or name.
Makes failure to register a federal crime
Makes it a federal felony, punishable by up to 10 years in prison, for a sex offender to knowingly fail to register as required.
Allows for civil commitment of dangerous sex offenders
Establishes a federal process to keep sexually dangerous persons in custody for treatment even after their prison sentence is finished.
Strengthens immigration laws for sex offenders
Makes failure to register as a sex offender a reason for deportation. It also stops convicted sex offenders from sponsoring family members to immigrate to the U.S.
Requires background checks for foster and adoptive parents
Mandates that states perform fingerprint-based national criminal background checks on all potential foster or adoptive parents.
Increases penalties for crimes against children
Makes punishments for many federal sex crimes against children much tougher, including mandatory minimum sentences and life in prison for certain offenses.
Creates the SMART Office
Establishes the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) to manage the new national system.
Removes time limits for prosecuting sex offenses
Eliminates the statute of limitations for federal felony sex crimes and kidnapping involving a child, meaning a person can be charged at any time.

Who does this affect?

  • Convicted sex offenders
  • Children and families
  • State and local law enforcement

What is the real world impact?

Creates a unified national system to track sex offenders
Establishes a single, tough standard for all states to register and monitor sex offenders. This closes loopholes that allowed offenders to avoid tracking by moving to a different state.
Increases public access to offender information
Requires the creation of the Dru Sjodin National Sex Offender Public Website. This allows the public to search for registered sex offenders in their area by zip code.
Forces states to comply with federal standards
Pressures states to adopt the new federal rules by threatening to cut 10% of their federal justice funding if they fail to comply. This can be seen as the federal government forcing its policies on states.

When does this start?

The law's main requirements are phased in, with states given up to three years from July 27, 2006, to set up the new sex offender registry system.
State Implementation Deadline
States must put the new sex offender registry rules into place by July 27, 2009, which is three years after the law was passed.
Foster and Adoptive Parent Background Checks
Starting October 1, 2006, states could no longer opt out of certain background check rules for foster and adoptive parents. The opt-out is fully eliminated on October 1, 2008.
Registry Software Availability
The Attorney General must provide states with the software needed to run the new registries by July 27, 2008, which is two years after the law was passed.

Related

S. 1738 - PROTECT Our Children Act of 2008