AUGUSTA (AP) – Legislation known as “Jessica’s Law,” which would impose mandatory prison terms for those convicted of sex crimes against young victims, suffered a major setback Tuesday in the Maine House of Representatives.
Opponents who see the bill as a divisive, election-year gimmick set the bill off-limits for debate or a vote, meaning its backers would have to muster a two-thirds vote in order to bring the issue up again.
But House Democratic Leader Glenn Cummings, who tabled the measure, did not close the door completely.
“We’re willing to bring it back out and debate it if there’s a reasonable compromise,” said Cummings, of Portland, who said the issue is being pushed by conservative commentators as an election-year tactic.
Supporters of the legislation, including Democratic Gov. John Baldacci, disagree.
“First-time offenders have to have mandatory jail time,” said the governor. “Maine has strong laws, but we need to improve them.”
Sen. Bill Diamond of Windham, also a Democratic supporter, said he was disappointed the bill was tabled because it could deny lawmakers a chance to have an up-or-down vote on the measure.
“I think it’s important that the public be made aware that an attempt is being made not to allow a vote on this bill,” said Diamond. Asked if he would agree to a compromise, he said, “I’d like to see what the House feels about this before we go to a compromise.”
“Jessica’s Law” is named for a 9-year-old Florida girl who was murdered by a registered sex offender. Jessica Lunsford’s death prompted Florida’s legislature to pass a law giving that state one of the nation’s toughest laws to crack down on child molesters.
Maine’s bill, which was carried over from last year’s session, calls for 25-year sentences and life probation for a first offense gross sexual assault against a child under 12. A second or subsequent offense would bring a mandatory life sentence.
A seven-member majority of the Criminal Justice and Public Safety Committee opposes the bill, while three panelists support the idea.
A weaker version supported by two committee members calls for a mandatory minimum sentence of 25 years in prison for a second offense.
Opponents of the mandatory minimums say they don’t work, and may even have the effect of putting more molesters on the street rather than behind bars.
Rep. Stanley Gerzofsky, D-Brunswick, said legislative study into Maine’s sex laws that was conducted two years ago concluded that the state does not need mandatory minimums.
Gerzofsky also pointed to testimony by Maine prosecutors and the Maine Coalition Against Sexual Assault opposing the mandatory minimum sentences.
District Attorney Evert Fowle of the Maine Prosecutors Association told the committee that offenders facing mandatory minimums of 25 years would be more likely to demand trials, resulting in fewer convictions, fewer prosecutions “and more sex offenders walking the streets without any prison or supervision as a registered sex offender.”
“Like the Maine prosecutors,” the coalition said, “we believe that mandatory minimums actually result in shorter sentences and pleas to lesser crimes.”
But Diamond dismisses those arguments, saying there are already options for prosecutors who don’t want to put children on the stand.
Diamond, co-chairman of the criminal justice panel, said criminals targeted in the bill have a high rate of re-offending and it’s unacceptable to take that chance.
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