BY NICK BUGLIONE

As tens of thousands of Queens kids prepare for the back to school days, bus rides to school, and the fall days of outdoor playtime, 600 convicted sex offenders are living in their borough.

Of the 9,433 sex offenders registered
in New York State, 582 live in Queens
— six of which are designated as high-risk, level three offenders, according
to Scott Steinhardt of the Division of Criminal Justice Services (DCJS). The "level three" description means that you can find out from your
local precinct or through the state’s special telephone number where they live, what they were convicted of, what their sentence was and get a picture of what they look like. One lives in Flushing, one in Jackson Heights, one in Corona, one in Long Island City, one in Queens Village, and one in Elmhurst.

It is all part of the provisions that became State Law in 1995 and is called "Megan’s Law."

Following the murder of two New Jersey youths (Megan Kanka and Amanda Wengert) by a convicted rapist, New York joined many other states in signing into law the Sex Offender Registration Act (SORA) in July of 1995.

The act established a registry to tracking all convicted sex offenders in the state and provide public access to the information when one of the convicted criminals moves into their community.

Now every individual convicted of certain sex offenses — such as statutory rape or child molestation – since the act took effect on Jan. 21 1996 are required to register with the Division of Criminal Justice Services (DCJS).

Within the State Sex Offender Registry there is a three-tiered system which classifies offenders based on the severity of their crime and the risk that they will commit the crime again: level one (low risk), level two (moderate risk), level three (high risk). How much information is made available to the public is determined by the convict’s risk level designation.

According to Caroline Quartararo, spokeswoman for the DCJS, the local police are notified about the presence of level one offenders, but the public information available for release is only permitted that the offenders are listed with the registry.

Police can disseminate general information regarding level two offenders to the public, while specific information — including physical descriptions, the nature of the previous crime, exact address and photographs — can be obtained for level three.

All sex offenders must verify their home address with the registry annually for a period of 10 years. Failure to do so constitutes a class A misdemeanor, with subsequent offenses punishable as class D felonies.

The highest risk level offenders must personally notify local police of their address every 90 days for life, unless legally relieved of that obligation.

Earlier this year, the state passed legislation expanding the category of offenses covered under the SORA to include convictions in third degree aggravated sexual abuse and first and second degree course of sexual conduct against children.

The addendum additionally requires that all New York residents convicted of a sex crime outside the state’s jurisdiction be included in the DCJS catalogue if their former residence requires sex offender registration.

"Megan’s Law provides tools to parents and concerned citizens so they can be more aware of the location of sex offenders, especially sexually violent predators," said State Deputy Majority Leader Dean G. Skelos. "By expanding notification and the number of crimes covered by the law, New York State is making Megan’s Law even better."

Once a registered offender moves into a Queens community, the local police precinct is notified by the state. The police in turn can, but are not bound by any state regulation to, notify schools and "other agencies with vulnerable populations" of the presence of level two and three offenders.

All local police precincts are additionally provided with a state-produced Subdirectory of High Risk Offenders that the public can openly review.

Queens residents can also access information regarding area sex offenders by contacting the Sex Offender Registry Information Line at 1-900-288-3838. Fifty cents is charged for each call—a fee reduced in May by Governor George Pataki from $5 previously.

Up-to-the-minute information on level three sex offenders can be found on the DCJS’ web site. The site address is www.criminaljustice.state.ny.us.

"Providing this data on the Internet makes crucial information regarding sexual predators available at the click of a mouse," said State Director of Criminal Justice Katherine Lapp.

New York politicians on both the state and federal level have argued that although the SORA is intended to protect the public, the law lacks teeth.

According to Steinhardt, when the state notifies the police of a sex offender’s presence, the police control what information on the offender they wish to distribute, and whether they want to distribute the information at all.

"It’s up to the police department what they want to disseminate," said Steinhardt. "The DCJS recommends that police and law enforcement set up their own guidelines."

Police officials confirmed that the process is by and large a "passive activity" in which the information is maintained at the precincts where it is readily available for public access.

Assemblyman Michael Cohen said this discretionary release of information has created a problem within his district and has virtually rendered the law "useless."

"Local law enforcement may choose to notify or not notify local entities of local school districts," said Cohen. "The Board of Education [also] has the option not to notify."

When the police recently notified the Board of Education, who in turn informed District 24, about the presence of a dangerous sex offender in the Glendale area, they disclosed the name and description of the person but didn’t provide a photograph, Cohen said.

"There was a notification made by the NYPD to the Board of Education, which then notified the local school board," said Cohen.

"Without a photo the whole notification process is useless," Cohen said, adding that without definitive identification, school staff can not adequately protect their children.

He went on to note that the state currently does not provide funding for school boards aiding in the notification of parents — meaning that the districts themselves must put up the money needed to send advisory letters out.

When the state legislature reconvenes in January, Cohen said he’s going to propose a modification to the SORA that would revise the law in three main areas.

If Cohen’s addition passes, it would require the state to provide funding to aid local entities in the notification process and make it mandatory for photos to accompany information regarding level two and three offenders.

"In respect to level three offenders, I will no longer leave it to the judgement of local law enforcement," Cohen said, noting that the new law would require police to at least notify proper community agencies about the presence of high risk offenders.

Since the conception of Megan’s Law, the bill has been heavily scrutinized by civil liberty organizations.

Believing it to be a violation of the Eighth Amendment, which protects against cruel and unusual punishment, opponents have dubbed it the "Scarlet Letter Law." Some Queens residents contend that such laws place an unjust mark on criminals that jeopardizes their chance of a normal life outside of prison, while others feel the law isn’t stringent enough.

"People have a right to privacy," said Matthew O’Keeffe, a 22-year-old Bellerose resident. "These people did their time in jail and now they’re forced to pay for the rest of their lives."

Astoria resident Michael Johansen concurred. "It’s a law based on politics not results," said the 32-year-old. "You shouldn’t have to walk around with a scarlet letter."

For the past 10 years, Teri Messina has been the director of clinical services at the Center for Children and Families, an organization that works with both victims of sexual abuse and offenders.

"The law has an impact on everyone, it makes families feel safe but it’s a false sense of security," she said. "I guess the public wants to think of sex offenders as the stranger that’s lurking in the corner, but what we find is that 98 percent of the sex offender population are [related to the victims]."

Messina went on to note that she believes the SORA addresses only a small fraction of the problem, and that the government would be better served by funding programs that try to treat sex offenders.

"If the treatment is mandated, there’s hope. In order to mandate it, it must be fully funded," she said.

Yet still others contend that laws like the SORA are essential to the safety of children and can be hardly deemed harsh when considering the large emotional and physical toll such crimes have on youth.

"People have a right to privacy, but on the other hand [with something like this] people have the right to know," said a Flushing resident who asked not to be identified further.

The state legislature is currently pushing a bill that would require criminal background checks for any individual who has substantial contact with children.

If passed, the bill, introduced by Yonkers Assemblyman Michael Spano, would mandate the screening of all employees and volunteers of little leagues, Boy Scouts, Girl Scouts, day camps for previous crimes.

"At present the only agencies that require criminal background checks on their employees are the New York City Public School system and individuals applying to be aides for the elderly," said Councilman Alfonso Stabile. Stabile has penned a resolution that will go before the City Council Committee on General Welfare in support of the state bill.

"This bill is about protecting children, it’s as simple as that," Stabile said. "As a parent, I want to know if the man or woman associated with my child has a history of child molestation or other instances of criminal behavior that would put my child at risk."

— Nick Buglione