{
  "id": "RL31917",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31917",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 302278,
      "date": "2005-03-15",
      "retrieved": "2016-04-07T19:50:34.406029",
      "title": "The PROTECT (Amber Alert) Act and the Sentencing Guidelines",
      "summary": "Congress enacted the Protect Act (also known as the Amber Alert Act),  P.L. 108-21  ( S. 151  / H.R. 1104 ), to deal with crimes of violence against children, minors, juveniles,\nadolescents, infants, and those under the age of 18. Title IV of the Protect Act amends the law\nrelating to the federal sentencing guidelines in order to ensure that sex offenders are punished\nappropriately. Its provisions are a response to the Justice Department's concern that, all too often\nparticularly in cases of sexual offenses, the federal courts had departed from the sanctions called for\nin the guidelines to impose less stringent penalties (i.e., granting downward departures).\n  The Act, among other things:\n   balances representation on the Sentencing Commission so that in the future no\nmore than 3 of its members may be federal judges;  \n   at least temporarily prohibits downward departures in sex offense cases (sexual\nabuse, sexual exploitation of children, transportation for sexual purposes, obscenity, nonparental\nchild kidnaping, or sexual trafficking in children) except to the extent specifically authorized in the\nsentencing guidelines;  \n   in sex offense cases, limits specifically authorized downward departures based\non family and community ties, diminished capacity, or aberrant behavior;  \n   temporarily changes the standard used for appellate review of downward\ndepartures  from  due deference to the trial court's determination  to  de novo\nreview (thereby departing\nfrom the Supreme Court's statutory construction in  Koon v. United States) [the provision\namended\nis no longer in force,  United States v. Booker ];  \n   requires more extensive report on sentencing matters from federal judges, the\nJustice Department, and the Sentencing Commission; and  \n   provides for additional offenses levels in child pornography cases based on the\nnumber of images possessed or trafficked.  \n  Related reports include  CRS Report RS21522 ,  A Sketch of the PROTECT (Amber Alert)\n Act\nand the Sentencing Guidelines , and CRS Report 94-33,  How the Sentencing Guidelines\nWork .",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": []
    }
  ],
  "topics": [
    "Intelligence and National Security"
  ]
}