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Twin State Laws Go Beyond Punishment

John Gregg — Valley News Staff Writer

Public debate in Concord and Montpelier this spring over bills to toughen sentences for sex offenders focused largely on mandatory minimum sentences. But they also contain other reforms that may have their own important impact.

In Vermont, Republican Gov. Jim Douglas signed the measure, but said he was disappointed that both chambers rejected a "civil commitment" provision to keep untreated sex offenders and other dangerous criminals now in prison in detention even after their sentences had been served.

"I thought overall the debate was civil and respectful, and the outcome positive, though less robust than I would have liked," said Douglas, who acknowledged that a component of the law to impose a potential life sentence on sex offenders could help with treatment and safety concerns.

"I understand prospectively that there is a potential lifetime oversight of offenders who are untreated, but we have a number who are in the system now and a number who have been released into our communities," Douglas added.

In New Hampshire, Democratic Gov. John Lynch is embracing the legislation, which passed both chambers but has yet to reach his desk.

"The legislation gives New Hampshire one of the nation's most comprehensive laws for protecting children against predators. It significantly toughens sentences for the worst sexual predators, and puts in place the presumption that those worst predators will face a sentence of 25 years," said Lynch spokeswoman Pamela Walsh.

The Vermont law requires judges to hand down 10-year sentences for first-time offenders convicted of aggravated sexual assault unless the judges put on written record their reasons for a lesser sentence, known as a "presumptive minimum." But no sentence in Vermont for such crimes could be less than five years.

The New Hampshire law allows prosecutors to seek a "presumptive" 25-year minimum sentence for child rapists, but judges could impose lesser terms if they, too, explained their decision.

Officials involved in drafting the Vermont law said other parts of the package that got less attention also are noteworthy.

Senate Judiciary Chairman Dick Sears, a Bennington Democrat, said a major investment in a statewide policy to prevent child sex abuse, to be developed by the University of Vermont, was important, as was the expansion of special investigating units, focusing solely on sex crimes, across the state by 2009.

He also applauded increases in public access to an Internet sex offender registry without putting criminals' actual street addresses on the Web, which Sears said will limit vigilantism.

And a measure which changes the definition of statutory rape (18-year-olds who have sex with consenting 15-year-olds would no longer be in legal jeopardy) was also needed given the increase in penalties for serious sex offenses, Sears said.

"This is a very comprehensive bill. It's going to take time for all of it to fall into place," Sears said.

Sears said a commission created by the bill will also lead to more uniform sentencing across Vermont.

"I would describe it as landmark legislation, and that's not a term I use often," said Windsor County State's Attorney Robert Sand, who helped lawmakers in both chambers craft the law. "I really think in terms of criminal justice legislation that actually improves public safety, I think there are few bills that hold a candle to this one."

Sand said Windsor County is likely to be one of the first jurisdictions to create a new special investigative unit with the sex-crime detectives, thanks to the infrastructure already in place through the Child Advocacy Center at the Family Place in Norwich.

Sand said the sentencing commission, which he suggested, would address not just disparities in punishment for sex offenders but also, potentially, reforms to "an outdated, ad hoc criminal code." Sand said bad check cases or neighborhood disputes that lead to a broken window might well be handled outside of the traditional criminal court system.

"Under our current system, a murder charge and damaging a mailbox receive the same level of constitutional protection, rights and procedure, and I think we cannot continue to treat them in the same manner," Sand said. "We need to differentiate on the seriousness of offense."

Meanwhile, Lebanon Democrat Lee Hammond, who crafted parts of the Granite State bill on the House Criminal Justice and Public Safety Committee, said a new classification system for offenders would separate less dangerous criminals, such as people convicted of indecent exposure, from sexual predators. The New Hampshire measure also includes a civil commitment provision.

"I think we all agreed that there needed to be something to cover the person who was truly a danger to society," said Hammond, who opposed the mandatory minimums Lynch sought.

Still, he said, the legislation should not be considered a victory for anyone.

"It is an improvement, but I'm so uncomfortable with that 25-year presumption. I have great misgivings that that is going to be abused," Hammond said. "I think there are going to be some judges who will go to great pains and look at all the factors and try to make the sentence truly fit the crime and deviate from 25 years, but I'm worried that others will just take the easy way out, and that the prosecutors will still be calling the shots."

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