BETTER THAN JESSICA’S LAW

Maine lawmakers want to increase the jail time for sex offenders who prey on young children. Mandatory sentences won’t achieve this goal so lawmakers are right to seek other solutions. They appear close to a good compromise with an amended bill that would establish sentencing guidelines but allow judges and district attorneys the leeway needed to appropriately punish sex offenders.

The issue is before the Maine Legislature because conservative commentator Bill O’Reilly has undertaken a national campaign to get every state to mandate a 25-year minimum sentence for first-time child sex offenders. According to Mr. O’Reilly’s Web site, six state have passed a version of the law, called Jessica’s Law after the 9-year-old Florida girl who was abducted, sexually assaulted and murdered last year.

Maine’s version, LD 1717, mandates a 25-year prison sentence for first-time offenders convicted of sex crimes against children under 12. A second conviction would bring a mandatory life sentence. Coincidentally, the mandatory minimum sentence for murder in Maine is 25 years.

A mandatory minimum sentence is counterproductive because it would take away plea bargaining, an important tool prosecutors use to get a child sex offender off the street. Plea bargains allow prosecutors to get convictions without forcing victims to testify at a trial, which is traumatic for victims, especially young children.

With plea bargains, most child sex offenders get some jail time. The mandatory minimum would leave only two options – 25 years in prison or none. In too many cases, the result would be none, leaving sexual offenders free to harm other children, something that should not be acceptable to supporters of Jessica’s Law.

Working with district attorneys, Rep. Stan Gerzofsky, D-Brunswick, has come up with a good alternative, which will be sent back to the Criminal Justice and Public Safety Committee for its consideration later this week. The amended bill would call for a 20-year sentence for first-time offenders along with lifetime probation. However, if there are mitigating circumstances, the sentence can be reduced and if there are aggravating circumstances, it could be increased. This allows for plea bargains while establishing appropriate penalties.

This is a good solution that allows lawmakers to support another option without opposing the reasons for Jessica’s Law. Most important, it does not weaken the hand of prosecutors. It is a compromise worth supporting.