Ten years after the enactment of legislation creating New York State's Sex Offender Registry, the New York State Senate recently acted on the 10th Anniversary Omnibus Sex Offender Registration Reform Act.
The bill (S.4793-B) would strengthen Megan's Law in 25 ways, including mandatory notification by police when a registered sex offender moves into a community, lifetime registration of all sex offenders, requiring information about all levels of sex offenders to be posted on the Internet and GPS monitoring for the worst offenders.
"For the last decade, Megan's Law has empowered parents and concerned members of the community with the information needed to protect their families from dangerous sexual predators," Senator Kemp Hannon said. "By incorporating 10 years of experience and revolutionary new technologies, the Omnibus Megan's Law Reform Act strengthens Megan's Law in 25 different ways to better protect our children and provide parents with a greater sense of security."
The 10th Anniversary Omnibus Sex Offender Registration Reform Act would require Mandatory Community Notification: Under current law, it is left up to the discretion of police whether they notify community members about the presence of a sex offender. Under this legislation, police must take the following actions based on the offender's level:
Level 1 offenders: Mandatory notification of law enforcement agencies where the crime was committed and, upon release, where the offender intends to reside.
Level 2 offenders: Law enforcement agencies where the crime was committed and, upon release, where the offender intends to reside must be notified. In addition, police must disseminate information, including a photograph, to entities with vulnerable populations, such as schools. The information may be further disseminated.
Level 3 offenders: The requirements for notification for Level 3 offenders are the same as Level 2 but in addition, law enforcement agencies must issue a news release to local media. They also may use their discretion to conduct other notification activities within the community, including public meetings, fliers, etc.
Lifetime Registration: This bill would require the lifetime registration of all sex offenders. Under current law, only the worst offenders are required to register for life. Most sex offenders are registered for just 10 years before they drop off the registry.
By next year, the names and information of more than 3,200 sex offenders will be dropped from the registry because they have met the 10-year mandate to keep police posted of their whereabouts.
Website and Electronic Communication: This legislation expands the Division of Criminal Justice Services website to include information about all sex offenders, not only the Level 3 offenders under current law. In addition, visitors to the website would be able to register for e-mail notification regarding sex offenders living in, or relocating to, their zip code.
Level 1 offenders: The website must provide a name, a dated photograph, and approximate address. Level 2 offenders: The website must provide the same information as Level 1 offenders, plus additional material regarding the offender's crime and type of victim. Level 3 offenders: The website must provide a name, a dated photograph, place of employment, exact address and other information relating to the offender and his or her criminal background.
Global Positioning System (GPS) Tracking: This legislation would require all Level 3 offenders to wear a GPS monitoring device for the duration of his or her registration. The act includes numerous provisions relating to the type of GPS system the offender must wear, the offender's required contribution to its cost, penalties for the removal or disabling of the tracking device and judicial authority to modify the tracking equipment.
The legislation is the result of three public hearings held by the Senate Majority in Albany, Long Island and Brooklyn over the past month. Law enforcement officials, teachers, school officials, parents and advocates participated in the hearings to discuss a variety of issues surrounding sex offenders and Megan's Law. Megan's mother, Maureen Kanka, who partnered with Senator Skelos in 1995 to champion the passage of Megan's Law in both houses of the Legislature, spoke at the first hearing in Albany.
Since enacting Megan's Law in 1995, the New York State Senate has acted on 68 separate occasions to pass legislation strengthening Megan's Law and 180 times on other legislation dealing with sex offenders. Since 1997, the Senate has passed legislation that would provide for the civil commitment of sexually violent predators who are likely to engage in repeated acts of sexual violence. The most recent version of the bill (S.3273) passed the Senate in April of 2005 and was sent to the Assembly.