GOVERNOR SIGNS LAW MAKING LEVEL 2 SEX OFFENDERS SEARCHABLE ON INTERNET
Click HERE to search the New York Sex Offender Registry
Latest Expansion of Megan's Law Enables NY Families To Search More Easily for Level 2 or Level 3 Sex Offenders in Their Area; Law Also Expands Public Notice About Level 1 Sex Offenders
Governor George E. Pataki today attended a ceremonial bill signing for legislation that will require all level 2 sex offenders to be listed on the Internet, along with the level 3 sex offenders currently listed. The law also expands public notice regarding level 1 sex offenders.
"We've fought for years to strengthen Megan's Law in a host of ways -- and in particular, to make the locations of all sex offenders easily searchable on the Internet -- so that New York families would have as much information as possible to keep their loved ones safe. So I am proud to sign a law that takes us yet another step toward that goal," Governor Pataki said. "Until now, you could not find out if a level 2 sex offender lived in your area unless you had both the offender's name and other specific personal information about that offender, such as a social security number or driver's license number. Because of this expansion, New Yorkers will soon be able to find out if any high or moderate risk sex offenders live in their neighborhoods by simply searching our website by geographic location, enabling all of us to be better informed and therefore better able to keep our families safe."
"In January, I signed an expansion to Megan's Law to ensure that all sex offenders remain on the registry for as long as possible – most for life. I said at that time that we must do even more to give every parent and family the tools to protect their children and families. This most recent expansion is certainly another step in the right direction, but there is still much work to be done," the Governor said. "We have strengthened Megan's Law significantly, but I would still like to see every single sex offender searchable on the Internet, so that parents can have the peace of mind to find out if anyone who has been designated a sex offender lives in their area."
Under the previous law, only level 3 sex offenders, considered "high risk" of re-offending, were listed and easily searchable on the Internet. All level 2 offenders are expected to be posted on the DCJS website by mid-July. Governor Pataki has proposed that all sex offenders be listed on the Internet since 2004.
This expansion of Megan's Law will require more than 8,000 level 2 sex offenders, considered to be a "moderate risk" to re-offend, to be listed on the website maintained by the NYS Division of Criminal Justice Services (DCJS) under New York's Sex Offender Registration Act. DCJS estimates that this includes approximately 150 level 2 offenders in Nassau County and 300 in Suffolk County.
The law also expands public notice about level 1 sex offenders by authorizing local police to provide information about their presence in the community. This legislation was signed into law on June 23rd and was effective immediately.
Senate Majority Leader Joseph L. Bruno said, "There is nothing more important than ensuring the health and safety of all New Yorkers, particularly children who are the most vulnerable. We will continue to pass laws to crack down on dangerous criminals who prey upon the innocent. I applaud Governor Pataki for signing this important bill into law and I commend Senator Skelos for his commitment to expand Megan's Law and make our communities even more safe from dangerous predators."
Assembly Speaker Sheldon Silver said, "The public hearings the Assembly held last year helped in developing this legislation, which the Assembly then passed in January. Enacting this law strengthens our efforts to ensure the safety of our communities by providing another critical tool in our battle against sex crimes."
Senator Dean G. Skelos said, "Megan's Law provides information to parents and concerned members of the community to protect their families from dangerous sexual predators. Through the Governor's leadership, we have continually worked to strengthen Megan's Law by extending the registration requirements and making information more readily accessible. This important new law builds upon that success and empowers both law enforcement and the public to take the steps necessary to keep our communities safe."
Chauncey G. Parker, New York State Director of Criminal Justice, said, "For years, Governor Pataki has been advocating for a comprehensive plan to manage sex offenders living in New York State, and today we are one step closer to accomplishing this goal. By increasing the amount of information available to the public on the Internet and allowing law enforcement officials to notify the community regarding all sex offenders living in their neighborhoods, every New Yorker will have far more of the information they need to make decisions about the best way to keep their loved ones safe."
Laura Ahearn, Executive Director of Parents for Megan's Law, said, "Protecting children from sexual predators requires us to continually evaluate what is working and what more needs to be done. Today, New York has taken a giant step forward for our children's safety by recognizing the need and enacting the legislation to provide parents with information about sex offenders living in our communities. There is never a wrong time to do the right thing for our children. I applaud the Governor for his leadership and in consistently making our children a top priority."
Kathleen Rice, Nassau County District Attorney, said, "This represents another step in our fight to keep children in New York and in Nassau County safe. Like the expansion of the DNA databank, this is a common sense move that will improve our ability to keep our children safe in Nassau County."
Peter Kehoe, Executive Director of the New York State Sheriffs' Association, said, "These legislative expansions will further empower New York's parents and law enforcement officials to keep children safe. Every bit of information that the law enforcement community is able to share with New York's parents will go a long way in protecting us from dangerous sex offenders that may prey on our children and families."
John Grebert, Executive Director of the New York State Association of Chiefs of Police, said, "New York State has made great strides in implementing laws that protect New York's children, and today we are once again making tremendous progress. Information sharing and public disclosure are two necessary tools that police and parents need so we can work together to keep children free from harm."
James H. Lawrence, Nassau County Police Commissioner, said, "I applaud the expansion of the public notice policy regarding sex offenders. This will augment our efforts to keep our residents safe and suppress crime. I have always maintained that by keeping our communities informed we have enlisted their aid in keeping them safe."
Over the past ten years, violent crime in New York State has been cut in half. Crime is at its lowest levels since statewide crime reporting began - nearly 40 years ago.
NEW YORK'S MEGAN'S LAW
Effective in 1996, and expanded in 1999, 2002, 2003, 2004, 2005 and 2006, New York State's Sex Offender Registration Act requires registration as a sex offender upon a conviction of a listed offense or a conviction for an attempt to commit a listed offense. There are currently over 40 registerable offenses in New York State.
New York State law requires that level 3 sex offenders be on the Sex Offender Registry for life, level 2 offenders be on Registry for life, but may petition a court to be removed from the Registry after 30 years if they are not designated a sexual predator, sexually violent offender or predicate sex offender; and level 1 offenders are required to remain on the Registry for 20 years if they are not designated a sexual predator, sexually violent offender or predicate sex offender. As required by amendments made to Megan's Law in 2002, at the Governor's urging, any offender who has received a designation as a sexual predator, sexually violent offender or predicate sex offender, is required to register for life and cannot be relieved from this duty regardless of risk level.
Previously, New Yorkers could obtain information regarding level 3 sex offenders from the Internet as well as from local law enforcement agencies and from the Sex Offender Registry Information line, (800) 262-3257. Information about level 2 sex offenders could only be obtained from local law enforcement agencies and from the Sex Offender Registry Information line. Information about level 1 sex offenders could only be obtained by calling the Sex Offender Registry Information line. A caller to that line must know the name of the individual about whom they are inquiring and also provide one of four identifiers: drivers license number, social security number, date of birth or exact address. After providing this information callers can verify if an individual is a registered sex offender. No further information could be provided about a level 1 sex offender. If the offender is a level 2, or a level 3 sex offender, more information including the crime of conviction, modus of operation and type of victim targeted could be disclosed. In the case of a level 2 sex offender, the caller is given the offender's approximate address based on the offender's zip code. For level 3 sex offenders, the exact address will be provided. With the enactment of this legislation, the local law enforcement agency can provide information pertaining to all registered sex offenders, including the approximate address based on zip code for level 1 and level 2 offenders and the exact address for level 3 offenders. Additionally, for level 2 and 3 offenders, all information, including the exact address, is available via a Sex Offender Subdirectory Search at www.criminaljustice.state.ny.us. Information about level 2 offenders will be posted on the DCJS website by mid-July. Callers to the Sex Offender Registry Information line will be able to access information on level 1 offenders immediately.
The practical effect of the prior law was that a person moving into a new neighborhood would be unable to learn whether any offenders who were "moderate" risks to re-offend were residing in the area – without knowing specific personal information, including the name, of such a person unless the local law enforcement agency notified the community of such moderate risk offenders. The amendment addresses that unacceptable situation by allowing members of the public to search the Subdirectory on the Internet for all level 2 and level 3 offenders by geographic location, thus providing easily accessible information regarding sex offenders to those who need this information to protect themselves and their children.
The Sex Offender Registration Act has four distinct procedures for community notification. First, local law enforcement agencies are notified whenever a sex offender moves into their jurisdiction and may, in turn, notify the community as allowed by the Act. Additionally, DCJS maintains official information on moderate and high risk, level 2 and level 3, sex offenders on its website. DCJS also maintains a Sex Offender Registry Information Line (1-800-262-3257) and produces a Subdirectory of Sex Offenders, which is accessible at local police agencies.
There are currently over 23,000 convicted sex offenders listed on the Registry. To access information on the State's Sex Offender Registry, visit the DCJS website at www.criminaljustice.state.ny.us.
Community Watch comments:
Great work Governor Pataki! Let's help keep each other safe and aware!
