MT - Lawmakers at impasse on sex offender bill

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04/21/2007

HELENA - Montana's version of "Jessica's Law," which would toughen penalties for some sexual predators, stalled in a conference committee Friday after lawmakers disagreed on whether to include those convicted of incest.

State senators argued the bill's 25-year, mandatory minimum prison sentences were meant for only the most dangerous sex offenders. Because the vast majority of such crimes are committed by relatives, they said including incest would cast too wide a net and subject less dangerous criminals to the harsher penalties.

House members said incest should be included because it goes to the very heart of sex crimes.

"There is nothing more insidious than twisting a care giving, family relationship into an opportunity to take advantage of a kid," said House Minority Leader John Parker, D-Great Falls.

The panel continued negotiations until Monday after a lengthy and sometimes contentious hearing. Rep. John Sinrud, R-Bozeman, stormed out at one point and Rep. Penny Morgan, R-Billings, revealed she had been sexually abused by an uncle.

"What the hell kind of conference committee is this?" Sen. Gary Perry, R-Manhattan, asked during a break after Sinrud walked out over testimony about sex offender treatment.

Revising Montana's sex offender laws has been an important issue this legislative session. Both chambers crafted versions of "Jessica's Law," named for a 9-year-old Florida girl who was kidnapped, raped and murdered in 2005. Perry's Senate bill _ which is being debated by the committee was touted as a narrowly focused bill that emphasized treatment and only targeted the state's worst sex offenders.

The House version, sponsored by Sinrud, was supported by Jessica's father, Mark Lunsford, and placed more emphasis on stricter penalties.

Much of Friday's hearing centered on whether to fund treatment for the most dangerous sex offenders. Sinrud said such treatment would be useless.

"I don't believe these people can be treated for anything," he said.

Sinrud added the state's limited sex offender treatment budget would be better spent on less dangerous offenders who could change their behavior.

Perry and Sen. Jesse Laslovich, D-Anaconda, said they would be doing the community a disservice by paroling a sex offender without treatment.

Committee members eventually agreed to exempt sex offenders serving life sentences without the possibility without parole from treatment.

The panel also changed the bill to allow judges to make exceptions to the mandatory minimum sentences in certain cases.

The bill is Senate Bill 547.