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PROTECT ACT Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 Public Law 108-21 Presented by Bud Gaylord Director,

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Presentation on theme: "PROTECT ACT Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 Public Law 108-21 Presented by Bud Gaylord Director,"— Presentation transcript:

1 PROTECT ACT Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 Public Law Presented by Bud Gaylord Director, Case Analysis and Support Division, NCMEC

2 NCMEC Pilot Program Update National Center for Missing & Exploited Children Background Check Unit

3 NCMEC Background Check Unit Responsible for assessing fitness for volunteers of the three youth groups participating in the pilot program. Fitness determination is based on the results of a fingerprint and criminal history check. BCU evaluates all results forwarded from the FBI under the Child Safety Pilot Program and from the State of Montana under the State Pilot Program.

4 NCMEC Background Check Unit Staffing – Supervisor – Staff Assistant – Four Staff Analysts Results are forwarded to youth groups via fax or . Assessment and notification to be made within hours.

5 Criterion Offenses R1 – Any felony (any crime punishable by confinement greater than one year) R2 – Any lesser crime involving force or threat of force against a person R3 – Any lesser crime in which sexual relations is an element, including “victimless” crimes of a sexual nature R4 – Any lesser crime involving controlled substances (not paraphernalia or alcohol) R5 – Any lesser crime involving cruelty to animals

6 Determinations: Red, Green, Yellow RED Light Worded: “does not meet the criteria” A conviction of any criterion offense (R1-R5) A sex offender registrant GREEN Light Worded: “meets the criteria” Applicant has no record The crime for which the applicant was arrested or convicted is not a criterion offense

7 Determinations: Red, Green, Yellow YELLOW Light Worded: “may not meet the criteria” An arrest of one or more of the criterion offenses with no disposition noted Expunctions, restoration of rights, or pardons of a criterion offense Any charge involving a child resulting in a disposition favorable to the applicant Arrest(s) or conviction(s) where it is not readily apparent if drugs or alcohol is involved (i.e. “DUI- Liquor or Drugs”) unless it is a felony conviction, as defined in R1

8 January 16, 2004 NCMEC has processed 192 records to date Records Received by Organization: Boys & Girls Clubs of America: 0 Montana Department of Justice: 57 National Council on Youth Sports: 0 ∙ American Youth Soccer Organization: 0 ∙ Pop Warner: 0 National Mentoring Partnership: 135

9 Determinations Made to Date RED Light: 3 (Two R1, One R4) Mentor: 2 (1.0%) Montana DOJ: 1 (0.5%) GREEN Light: 184 Mentor: 128 (66.7%) Montana DOJ: 56 (29.2%) YELLOW Light: 5 Mentor: 5 (2.6%) Note: Percentages based on total records received. Updated January 16, 2004

10 Reasons For Adverse Determinations to Date Red: Felony sale of controlled substance (R1) Possession of controlled substance (R4) Felony fraud/forgery (R1) Yellow: Arrest for threat of force against a person – no disposition Arrest for possession of controlled substance – no disposition Arrest for driving under influence of either drugs or alcohol – no disposition Arrest for force against a person and a possible felony – no disposition

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12 Key 1 – Mild 2 – Moderate 3 - Heavy Based on organization projections provided to NCMEC of peak times

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