Post by Sher on Aug 11, 2005 16:50:27 GMT -5
The nonprofit Parents for Megan's Law recently conducted two national surveys examining all 50 states' adherence to the federal Megan's Law. The first evaluated states' compliance with sex offender registration requirements, and the second looked at how readily available sex offender information is to the public.
The group then gave states grades ranging from A to F. New York and 21 other states got F's. Only three states earned an A+: Florida, Texas and Maryland.
The Herald conducted its own investigation to see how states are carrying out Megan's Law mandates. This reporter examined six states - New York, Pennsylvania and Connecticut, which got F's, and the three A+ states.
Florida, Texas and Maryland list every convicted sex offender on their online databases, which are open to the public and easy to use. They also notify a community in most cases when a sex offender moves in.
By contrast, New York, Pennsylvania and Maryland list only "high-risk" sex offenders; that is, those who are most likely to repeat their crimes. They also only inform a community when a high-risk offender moves in.
In New York, communities are notified when Level 3 and, in certain cases, Level 2 offenders take up residence, but notices never go out when a Level 1 offender moves in. In addition, exact street addresses are listed only for Level 3 offenders, while approximate addresses are given for those labeled Level 2.
On the state's online Sex Offender Registry, which is open to the public and maintained by the state Division of Criminal Justice Services, only Level 3 offenders are listed.
Pennsylvania sends out sex offender notices and publishes information about them in only two cases: when a court determines that an offender is a sexually violent predator, or when an out-of-state sex offender moves in, regardless of his or her criminal history.
Connecticut makes no mention of community notification on its Web site, which the Department of Public Safety maintains. In its online registry, Connecticut lists people who were convicted of sexual offenses or found innocent by reason of insanity. Unlike New York or Pennsylvania, Connecticut's online registry does not assign risk levels to offenders.
In Florida, there is a great distinction between sexual predator and offender. To be labeled a predator, a court must designate offenders as such. In addition, they must have been convicted of one first-degree felony sex crime or two second-degree sex crimes. Local police are mandated to notify schools and day-care centers when a predator moves in. Police are also authorized, but not mandated, to notify the community about any offender.
All sex offenders who committed their crimes before Oct. 1, 1997, are listed in the state's Sex Offender Registry. Florida's Department of Law Enforcement runs the online database of sexual predators and offenders, but assigns no risk level to them. Florida's Web site links to MapQuest, which provides a map leading to a sex offender's home.
Maryland's Megan's Law requires the Department of Public Safety and Correctional Services to maintain its central and online registries, which include four classes of sex offenders: child sexual offenders, offenders, sexually violent offenders and sexually violent predators. The department is also responsible for disseminating information about sex offenders and promoting public awareness about Megan's Law.
In Texas, the Department of Public Safety maintains the Sex Offender Registry, which includes four groups: civil confinement (those who are prone to commit sexually violent acts because of a behavioral abnormality), Level 3, Level 2 and Level 1. In addition to requiring police to notify the community whenever a sex offender moves in, authorities must send nearby homeowners postcards with photographs and addresses of those who fall in the civil confinement or Level 3 categories.
States react
Jessica Scaperotti, a spokeswoman for New York Gov. George Pataki, said she is aware of the state's ranking in the Parents for Megan's Law survey, but pointed to the governor's repeated efforts to reform Megan's Law.
"For two sessions in a row, the governor has called for a lifetime registration of sex offenders, putting more information on the state's Web site and enhancing community notification by law enforcement. Time and time again, this legislation passes the state Senate, but refuses to come for a vote in the Assembly."
Scaperotti added that if the Assembly and Senate were to pass legislation to upgrade Megan's Law, Pataki would sign it immediately. "It is very frustrating, and this is something he is very passionate about," Scaperotti continued. "But in order for a bill to become law, everyone must agree."
Rich Harris, a spokesman for Connecticut Gov. M. Jodi Rell, disagreed with Parents for Megan's Law's assessment of Connecticut, and said that Rell has fought hard to improve the law. "Connecticut has been a leader in these issues and has a history of aggressively prosecuting these types of crimes," Harris said.
Alia Faraj, communications director for Florida Gov. Jeb Bush, said the governor and the state Legislature recently passed the Jessica Lunsford Act, which requires a minimum prison sentence of 25 years for anyone who molests a child.
Faraj also credited the Florida Department of Law Enforcement with providing an accurate database of its sex offenders and predators.
Kristen Perezluha of the Department of Law Enforcement said, "We have a proactive Legislature who saw the need to put the registry together. In addition, local law enforcement, the Department of Corrections and [the Department of] Motor Vehicles have helped us create and maintain this database."
