Schaefer proposes tougher punishments for sex offenders

Too many sex offenders aren't getting the punishments they deserve, state Sen. Kurt Schaefer said Tuesday, and he wants Missouri lawmakers to change that.

Under current law, a judge can suspend the imposition of a sentence, meaning no sentence ever is ordered and, if the offender completes probation successfully, the charge is erased.

Or a judge can declare a sentence, then suspend the execution of that sentence. In that case, the conviction remains on the books, but the offender won't go to prison unless they violate terms of their probation.

Schaefer, R-Columbia, wants to prevent judges from being able to suspend any sentence to an offender found guilty of a sex offense against a child under the age of 17, he told the Senate's Judiciary committee Tuesday afternoon.

Some people convicted for the first time of a sex offense now get a 120-day shock treatment sentence that, if they complete it successfully, allows the judge to place them on probation rather than completing a full prison sentence.

Schaefer's bill would block those as well if the victim was under 17. And anyone who previously served a 120-day sentence for a sex offense would have that time counted as a "prior sentence" that can be used to establish an extended prison sentence for a repeat offense.

"The 120-day call-back has gotten to be pretty big leverage to get a plea deal," Schaefer told the committee. "You have to be fair to the public on what somebody's actually getting sentenced to, in regard to what they did."

And, under current law, some convicted sex offenders must have lifetime supervision by the Probation and Parole Board even after they complete their sentence - until they are 65.

Schaefer's bill would erase the exception and require lifetime supervision to continue until the offender dies.

Missouri Kids First, a child advocacy group, supports Schaefer's proposal.

"We monitor all the media related to child sex offenses, all individuals charged with sex offenses and the dispositions on them," Emily van Schenkhof, the group's deputy director, testified.

"It is pretty illustrative when you start looking at how these crimes are sentenced across our state - and it is very clear to me that we have an issue that we need to do more to address."

She said most Missourians would be appalled at the shorter sentences imposed regularly - sentences she described as "grossly inadequate to what they have done."

"It is my belief that most Missourians believe that, if you rape a child, you'll go to jail for a long time - both because you deserve to be punished for hurting a child, but also because keeping you behind bars keeps other children safe," she said. "The reality is that that's not true - we do a better job of holding drug offenders accountable for their crimes.

"We do a better job of holding people who commit property crimes accountable."

Van Schenkhof said Schaefer's bill should be "an introduction to us having a long overdue conversation on the sentencing of sex offenders in this state, and how we can get a lot better at it - because our children deserve for us to be working really hard on this."

She was the only witness in favor of the bill, and no one spoke against it.

The committee did not take any action on it Tuesday.