Montpelier — The Democrat-controlled Vermont Senate yesterday unanimously approved a major overhaul of how the state deals with sex offenders, including a mandatory sentence of at least 10 years for aggravated sexual assault.

"There is no way out. You're going to do 10 years. The message is clear," said Senate Judiciary Committee Chairman Dick Sears, D-Bennington. "People are tired of this behavior."

Republican Gov. Jim Douglas immediately said he would sign the measure if it reaches his desk, putting more pressure, along with the unanimous Senate vote, on House lawmakers who earlier approved a version of the bill but rejected mandatory minimum sentences.

"This is a much stronger bill," Douglas said of the Senate legislation. "It's more reflective of what the people of Vermont want, what they expect their legislators to do to protect our kids, our communities, our neighborhoods, so I certainly believe the Senate bill is far better than what passed the House."

The 29-0 Senate vote came after little debate on the Senate floor, as Sears walked colleagues through what he and others portrayed as a compromise bill.

"I really believe it is 'fair and balanced.' It really is a product of consensus," Sears said, in what he acknowledged was also a phrase associated with Fox News, where talk show host Bill O'Reilly had blasted a Vermont judge in January following what was seen as a too-lenient sentence for a sex offender. The judge, who ultimately raised the sentence, said he was trying to get the sex offender into treatment.

Along with the mandatory 10-year term for aggravated sexual assault — which, as well as crimes with an adult victim, includes sexual abuse by an adult where the victim is a child under 12 — the bill includes a "presumptive" five-year mandatory minimum for a second conviction for lewd and lascivious conduct, doubling to a presumptive mandatory 10 years for a third conviction.

The presumptive wording would allow judges to levy a lesser sentence if they explain their reasoning.

But Sears also was quick to point out that the Senate legislation includes a variety of other measures, ranging from efforts to prevention child sexual abuse and to make sentences more uniform around the state.

"Anybody who thinks this bill is just about mandatory minimums is totally taking this bill out of context," Sears said. The legislation would also:
• create a sentencing commission to reduce "geographic disparities" in sentencing; Sears has said a study showed sentences for sex offenders varied widely by county in Vermont;
• create special investigative units throughout the state by 2009 to handle cases involving suspected child sexual abuse, an especially complex crime to investigate because young victims are often the only witnesses;
• establish a statewide task force on sexual violence prevention, spearheaded by the University of Vermont, that would develop a program to be taught in schools;
• increase the number of nonviolent offenders monitored by electronic bracelets and global positioning systems from 20 to 100, which Sears says is a key way to free up prison space for sexual predators and violent criminals;
• exempt from serious criminal charges teens between the ages of 15 and 18 who are engaged in consensual sex; though not condoning the activity, lawmakers said the older party in the relationship should not be charged with statutory rape; • and double the number of offenders listed on the state's Internet sex offender registry, while also abolishing a requirement that citizens seeking to search the registry give their name.

The bill did not include any specific ban on where sex offenders could live once out of prison — some states prohibit them from living near schools or day care centers — but the location could still be subject to approval by the Corrections Department.

"By setting an actual yardage limit (from a school or park where children gather), all we would be doing would be sending sex offenders to more rural areas that would be less likely to have a police department," Sears said.

Some victims' advocates and prosecutors had argued against mandatory minimum sentences, saying they could discourage plea bargains, and lead to more acquittals in cases where young victims might be unwilling to testify, but proponents of the compromise version said that was more of a concern when the proposed mandatory minimum term was 25 years.

"We still have some concerns about the mandatory minimum sentences on aggravated sexual assault," said Sarah Kenney of the Vermont Domestic Violence and Sexual Assault Network. "But, on the whole, this is a really important bill that we very much support."

House Judiciary Committee Chairman Bill Lippert said he believes his chamber's version "is actually a stronger bill" because of the concerns raised about the possible unintended consequences of mandatory terms. But he also said he believes a compromise can be worked out with the Senate in a conference committee before the legislative session ends sometime next month.