Letter to Linda Baldwin, Director US Department of Justice, Office of Justice Programs, SMART Office

Letter

Today, U.S. Senator Charles E. Schumer announced his plan to help ensure that convicted sex offenders, who are out on parole and registered with the New York State sex offender registry, are quickly tracked down in the event they stop checking in with their parole officer or stop complying with their registry requirements. Schumer's push comes after Robert Blainey, a convicted sex offender free on parole, allegedly raped and killed a woman after he had stopped reporting to his parole officer and before law enforcement could track him down. The mug shot of Blainey released to the public, meant to help identify him so he could be captured, was out-of-date and not an accurate representation of his current appearance.

In order to prevent tragedies like this from occurring again, Schumer is calling on the Department of Justice to use its funding authority to direct states to take photos of Level III sex offenders every three months at their required reporting meetings and share those photos with other law enforcement agencies. This would ensure that all levels of law enforcement have up to date photos of potentially dangerous sex offenders, and that those photos would be helpful in the event of a manhunt. Schumer today also announced his support for federal legislation that would give U.S. Marshals additional subpoena powers to help them quickly gather information about missing sex offenders, and to expressly authorize them to assist local law enforcement in manhunts, removing a key disincentive for coordination and assistance at the federal level.

"This terrible tragedy needs to be a call to action, and we need to do everything we can to prevent it from happening again," said Schumer. "Every level of law enforcement worked hard to capture this monster and make sure he couldn't hurt anyone else, but unfortunately he couldn't be stopped in time. Every time a registered sex offender is required to check in with his parole officer for his registry, he should have a picture taken and added to all law enforcement databases so that it can be blasted far and wide the moment that sex offender goes missing. It's common sense, and would be a big help in making sure we track criminals down before they strike again. We also need to pass legislation that will allow federal marshals to do everything in their power as quickly as they can to join the man hunt and help track down convicted criminals who have slipped through the cracks."

Robert Blainey was convicted of raping three different women in the 1980s. He raped an 8 year old girl in 1984, and was only out of prison from that crime for four months when he raped two additional women in 1988. He was sentenced to 12 ½ to 25 years, but state procedure meant that Blainey would be released after serving just two-thirds of his sentencing range. He was freed in 2009, and began reporting to his parole officer every three months, as required by federal and state law. When Blainey missed a meeting in October, local authorities put out an alert to schools to be on the lookout for the convicted sex offender, and released several photos to help people identify him and help law enforcement track him down. The photo was an older picture of Mr. Blainey that showed him significantly younger, bald, and without facial hair. In reality, his face was much thinner, he had a full head of hair and a goatee, making him nearly impossible to identify based on the available photo. Tragically, before he could be captured by law enforcement, Blainey allegedly raped and murdered Davis Motel owner Linda Turner.

In order to ensure that the public and local law enforcement agencies have up-to-date file photos for Level III sex offenders, as well as levels I and II, that can be quickly and easily disseminated, Schumer is asking the Department of Justice to use its authority under the Sex Offender Registry and Notification Act to require the most dangerous sex offenders have their picture taken at every in-person registration meeting. Currently, members of law enforcement who serve as check-in points can use their discretion and can choose when to take a new photo. Under Schumer's plan, Level III sex offenders would have a new picture taken and placed on file four times a year, at each of their quarterly meetings. This would ensure that every level of law enforcement has access to more current photos that should help speed up the manhunt and sufficiently warn the public to the potential threat.

Schumer also announced his support for new legislation that would help the U.S. Marshals give their full support to local law enforcement when dangerous sex offenders go missing. S. 1792, the Strengthening of Sex Offenders and Missing Children Act of 2011 introduced by Senator Sheldon Whitehouse (D-RI) would give U.S. Marshals who are asked by local law enforcement to aid in the search for missing sex offenders the express authority to do that. This would, among other things, tear down possible legal barriers that sometimes makes the U.S. Marshals hesitate before joining searches until potential legal ramifications are weighed and considered. As the recent case showed, every effort should be enlisted to track down missing sex offenders as quickly as possible, and this legislation would help bring federal officials into the fold more quickly.

Schumer is also backing S. 671, the Finding Fugitive Sex Offenders Act of 2011, which gives the U.S. Marshals Service new administrative subpoena authority to investigate sex offenders who bypass registration requirements and go missing. Under the bill, introduced by Senator Jeff Sessions (R-AL), the U.S. Marshals would be able to subpoena documents and family members that could help determine the whereabouts of the missing criminal. Schumer is calling for the swift passage of both bills, which enjoy bipartisan support in the Senate.

"Sex offenders must be watched like hawks for the rest of their lives," continued Schumer. "We need to change the system now and do everything we can to protect our communities from these dangerous predators."

A copy of Senator Schumer's letter to the director of the Department of Justice's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking appears below:

Linda Baldwin

Director

US Department of Justice

Office of Justice Programs, SMART Office

810 7th Street, NW

Washington, DC 20531

Dear Ms. Baldwin:

I am writing to you about the Department of Justice's current guidance regarding implementation of the Sex Offender Registry and Notification Act (SORNA) (P.L. 109-248) (Title I of the Adam Walsh Act of 2006). Specifically, I am requesting that you consider making mandatory the photographing of sex offenders at the in-person reporting that is required for Tier I, II, and III sex offenders under Section 116 of the Act. As you know, Tier I offenders must report in-person once a year; Tier II must report twice a year; and Tier III sex offenders must report quarterly. Currently, your guidance under SORNA gives jurisdictions the discretion to take new photographs when the offender's appearance has changed. However, given the likelihood that appearances can change quickly, and the ubiquity of digital photographic technology, I believe that it is time that sex offender registries keep up with technology and pace with the policing needs of our communities.

I would also like for you to consider asking jurisdictions that are covered by SORNA to make their updated photographs of sex offenders available to their corresponding parole offices, as well as all other state databases that support photographs of convicted criminals. Recently, in Utica, New York, a Tier III sex offender named Robert Blainey disappeared after missing an appointment with his parole officer. The photograph that was released to the media of Blainey was an outdated picture that bore little resemblance to his current physical appearance.

Unfortunately, this was the picture that was used for the public manhunt, despite the fact that the New York sex offender registry possessed, and had posted, a more recent picture. By the time Blainey was apprehended, he was a suspect in a murder and rape. While it is unclear who released the outdated picture, it is clear that some elements of law enforcement possessed a more up-to-date likeness of Blainey, while others did not. The simple act of making a recent likeness widely available to all law enforcement and to the media is an inexpensive force-multiplier that the Department of Justice should take the lead in implementing.

Thank you very much for your hard work on these important issues, and for your attention to this matter. I look forward to your timely response.

Sincerely,

Sen. Charles E. Schumer

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