WEBINAR – Why the Country Needs a Terrorism Offenders Registry

Nearly two decades have passed since the country was launched into a worldwide struggle against terrorism following 9/11. U.S. law enforcement has investigated, prosecuted, and convicted hundreds of terrorists, both those who planned and executed terrorist attacks, as well as those arrested for engaging in material support for terrorism. But given the passage of time, in many cases these convicted terrorists are now available for parole, or have served their sentences, and are preparing for release. Additionally, during the high point of the Islamic State U.S. law enforcement -both state and federal- were focused on preempting potential terror attacks resulting in many terror arrests accompanied by relatively light sentences.

The Center is proud to have hosted a panel discussing state and national efforts to establish a terrorism offender’s registry, why it is needed, and how it can work.

Louisiana attorney Stephen Gele, author of model legislation for state-level terror offender’s registries, addressed how states can create a terror offender’s registry along with how best to navigate a variety of legal and political challenges that such legislation often face. Gele also looked at the history of state-created offender registries and discussed some of the common concerns raised about such legislation, including questions of financial cost. Gele emphasized the importance of state legislators modeling terror offender registries on existing state offender registries, to reduce cost and save taxpayer dollars.

The panel was joined by Terry Alario, a Special Agent for the Louisiana Bureau of Investigation, who played a crucial role in the passage of his state’s terror offender registry. Alario explained how that state overcame a variety of legislative and bureaucratic challenges to become the first in the nation to authorize a terror offender registry. He also discussed how such a registry could benefit law enforcement officers and counterterrorism investigators and emphasized improving officer safety.

Also on the panel was Todd Bensman, former counterterrorism analyst for the Texas Department of Public Safety, who helped to provide real world examples of challenges posed by convicted terrorists being released. This included an examination of the real difficulties that released terror offenders create for overworked and understaffed parole officers. Bensman also stressed how state and local agencies can take responsible, legal action to work with parole officers to acquire intelligence from released terrorists and help insure they do no reoffend.

The panel also fielded several questions on the prospects for terror offender registries. One question, posed by John Connor, the son of the late NYPD officer Frank Connor, who was murdered by FALN terrorists. Connor raised the possibility of making terror offender registries publicly accessible. Gele noted that public accessibility of offender registries does tend to add to the cost, which can often be an issue in terms of getting legislation passed, but that such public registries do exist in some states with minimal problems. Asked about whether terrorist recidivism rates justified a terror offender registry, Bensman argued that while more work needs to be done to study recidivism rates, the reality of terrorism means that recidivism should not be the only factor in considering a terror offender registry.

The Center was pleased to facilitate this important discussion on terror offender registries. We have made the video of the panel available here as a resource for state legislators, as well as for the interest of the general public.

Panelists:

• Terry J. Alario Jr., a special agent with the Louisiana Bureau of Investigation, Alario served as a member of the Louisiana legislature’s study committee on the feasibility of a terrorism offender’s registry
• Stephen Gele, a practicing lawyer from New Orleans, Gele has written draft legislation on national security and law enforcement issues which have been passed into law in multiple state legislatures, and has authored draft legislation for a terrorism offender’s registry
• Todd Bensman, a senior national security fellow for the Center for Immigration Studies, Bensman previously served at the Texas Department of Public Safety’s Intelligence and Counterterrorism Division
• Moderated by Kyle Shideler, the Center’s Director and Senior Analyst for Homeland Security and Counterterrorism