A BILL

To ensure that sex offenders and sexually violent predators are not eligible for parole.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘No Parole for Sex Offenders Act’.

SEC. 2. REDUCTION OF GRANT AMOUNTS.

(a) In General- For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the program referred to in subsection (b)(2), the State shall have in effect throughout the State laws and policies that prohibit parole for any individual who--

(1) is convicted of a criminal offense against a victim who is a minor; and

(2) is a sexually violent predator.

(b) Compliance and Ineligibility-

(1) COMPLIANCE DATE- Each State shall have not more than 3 years from the date of enactment of this Act in which to fully implement this Act, except that the Attorney General--

(A) may grant an additional 2 years to a State that is making good faith efforts to implement this Act; and

(B) shall waive the requirements of this Act if compliance with this Act by a State would be unconstitutional under the constitution of such State.

(2) INELIGIBILITY FOR FUNDS- For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to fully implement this Act shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).

(c) Reallocation- Amounts not allocated under the program referred to in subsection (b)(2) to a State for failure to fully implement this Act shall be reallocated under that program to States that have not failed to fully implement this Act.

SEC. 3. DEFINITIONS.

For the purposes of this Act:

(1) CRIMINAL OFFENSE AGAINST A VICTIM WHO IS A MINOR- (A) The term ‘criminal offense against a victim who is a minor’ means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the following range of offenses--

(i) kidnapping of a minor, except by a parent;

(ii) false imprisonment of a minor, except by a parent;

(iii) criminal sexual conduct toward a minor;

(iv) solicitation of a minor to engage in sexual conduct;

(v) use of a minor in a sexual performance;

(vi) solicitation of a minor to practice prostitution;

(vii) any conduct that by its nature is a sexual offense against a minor;

(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 18, United States Code; or

(ix) an attempt to commit an offense described in any of clauses (i) through (viii), if the State--

(I) makes such an attempt a criminal offense; and

(II) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.

(B) For purposes of paragraph (1), conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.

(2) SEXUALLY VIOLENT PREDATOR- The term ‘sexually violent predator’ means a person who--

(A) has been convicted of a sexually violent offense; and

(B) has been diagnosed by a qualified mental health professional as having a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses, or has been determined by a court to suffer from such an illness or disorder.