30 Year Mandatory Minimums for First Time Sex Offenders Proposed

Sen. Gary J. Schroeder (R-Moscow) has proposed legislation which would establish mandatory minimum sentences for certain first time sex offenders. The bill, S1034, would require a 30-year mandatory minimum sentence and lifetime parole for a defendant, who is at least 18 years old, convicted of Lewd Conduct with a minor, when the victim is under 12 years old.

Really? An 18 year old mentally retarded boy with the mental age of 12 briefly touches the genitals of an 11 year old over her clothes on a single occasion and gets sentenced to 30 years fixed? Monsterous. The problem with mandatory minimums is that they're mandatory and there are always individual cases which call for mercy.

In addition, the Bill provides that a fixed life sentence would be required if the defendant had been previously convicted of Lewd Conduct, or an equivalent out-of-state offense, if the defendant was 18 or older and the victim was under 12.

In an amusing bit of understatement, the Statement of Fiscal Impact says "there may be some additional incarceration costs associated with this legislation." (Emphasis mine.) Yes, and I may incur additional beer expense if I bring another six-pack to the check out stand. The only way there wouldn't be increased costs would be if: 1) no one was ever sentenced under the law or 2) everyone eligible for the 30 mandatory sentence would have gotten that sentence even without the law. But if either of those are a possibility, why do we need the law in the first place?

Honestly, we know very well that this bill will increase costs. So, if it passes, it will be interesting to see the Legislature's position on funding the IDOC. I bet the budget gets severely cut, even though we'd save money if the IDOC had sufficient funding for rehabilitative programs. Right now the parole board holds too many inmates past their fixed time because there isn't enough space in the programs. (Of course if we just got rid of the parole board. . . .)

The text of the Bill is available at:
http://www.legislature.idaho.gov/legislation/2009/S1034Bookmark.htm