5 The United States of America
(1) Imposing severer punishments by the Three Strikes law
As a policy to impose severer punishments on persons who repeat serious violent offenses, such as homicide, arson and rape, many states have introduced so-called, “three-strikes-and-you're-out laws”. Though the conditions (types of offense/number of times) and the effects (contents of punishments) of the “three strikes” are different depending on the state, they are common in that a long-term imprisonment can be made possible with those who repeat serious violent offenses.
(2) Treatment Programs
a. Sexual offenders treatment program
Through treatment at an institution and in community, a treatment program based on a relapse prevention model which utilizes cognitive behavioral treatment is widely used. Together with this, under the cooperation between criminal justice agencies and organizations relating to medical care, psychology and health, a group therapy and a treatment including family therapy is implemented.
b. Preventive measures against drug abusers
In each state of the United States of America, there exists a drug court. A drug court is a special court where with a drug abuser who committed an drug-related offense, a judge has control during his/her certain therapeutic program period on top of his/her therapeutic procedures to recover from reliance on drugs, not through ordinary criminal justice procedures. It began in Florida in 1989 and has spread to all over the United States of America. Furthermore, both the federal government and each state are trying to expand a comprehensive drug abusers treatment program at correctional institutions.
(3) Civil commitment measures
In some states, civil procedures to commit those considered to have risk of committing a sexual offense due to a mental illness to therapeutic facilities, etc. even after the expiration of their imprisonment sentences, have been introduced.
(4) Electronic monitoring system
At the federal and individual state level, an electronic monitoring system to confirm the location of persons subject to probation/parole supervision has been introduced. By 1991, a federal nation-wide electronic monitoring system had been implemented with those subject to probationary supervision, parolees under supervision and criminally accused offenders. Along with this, state and local government level electronic monitoring has been introduced. Currently most of the states have an electronic monitoring law against offenders. Regarding the electronic monitoring systems, there are types that use the telephone, wireless radio wave device, and other means but in recent years, the method of tracking the location of a sexual offender by GPS (global positioning system) was introduced in 2005. In certain states, sexual offenders are obligated to be under GPS monitoring for their lifetime.
(5) Information registry of sexual offenders and publication system (“Megan's Law”)
The information registry is a database system of persons with a sexual offense history, aiming to prevent repeat offenses, by making information public and urging social defense by local communities, as well as by contributing to crime investigation. Starting with the State of Washington in 1990, the sexual offenders registration law had been enacted and enforced in all of the states in the United States of America by 2000. At the federal level, legislations were passed in 1994 and 1996 to make the registration of the address, state-designated enforcement agency, and publication of information to local citizens on people convicted for sexual offenses against minors, kidnapping, and violent sexual offenses obligatory.
The federal law serves as a guideline with the lowest standard of system that should be implemented in each state; therefore, the actual content of each state's system differs. In July 2006, the national registration system was strengthened by making neglect of registration duties by the offenders moving between states punishable as a federal law violation.
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