: Sex Crimes: Peace Of Mind Squares Off Against Sex Offenders’ Rights

Most people are not eager to accept a convicted sex offender back into the community after the offenders have served their prison time.

The issue is a very real concern for people all over the country, especially those who have small children and may have paroled sexual predators living nearby. Even with rules that mandate the availability of information on sex offenders in the community, it is still a controversial issue.

The topic has not been lost on politicians either, as many have joined the club to push for higher penalties for these types of criminal offenders.

Change Is Suggested
This past week, Assembly Speaker Sheldon Silver (D-Manhattan) put several bills into works that will heighten penalties to sex offenders. One of the bills Silver suggested was to remove the statute of limitations on sex crimes in certain situations, so that there is no pressure in getting a sex offender to trial. Other bills include enhancing community notification, authorizing lifetime registration for all sex offenders, and ensuring mandatory education for school children to protect them from these crimes. Similar bills have been introduced in the State Senate.

According to Silver, the Legislature has enacted more than 100 tough new anti-crime laws in the last 10 years, which have resulted in reducing violent crime by nearly 50 percent. This reduction is more than any other state in the nation. “New York and many other states in the country have chosen to punish sex offenders harshly in the first instance, rather than after the fact through legislation,” said Silver.

Many reforms and programs have been instituted in the last few years to notify residents when a sex offender has been released and is living in their community. But many have wondered how the penal system can ensure parents and residents that these people are fit to be released back into the world.

How The Law Works
New York State correctional law mandates a board of examiners determine if a convicted abuser is truly reformed. The governor picks five examiners, three of whom are experts in the field behavior and treatment. The other two are from the parole department.

These examiners, who serve terms of six years, take into account such factors as criminal history and risk of a repeated offense, mental abnormalities, if the behavior was compulsive or repetitive, and the relationship between the offender and the victim.

Within 60 days, the board will then make a confidential recommendation on the status of the offender. The board also rates the risk of a repeat offense by assigning the offender into one of three categories. For a low risk, an offender is deemed Level 1 and the local authorities are notified. For moderate to high risk, an offender is deemed Level 2 or Level 3, respectively, and the local authorities can disseminate information to the public. Law states that the address of employment for a Level 3 offender can be given out.

When released from prison, sex offenders are required to register with local law enforcement agencies within five working days or upon completion of any alternate sentence. They must re-register every year within five days of their birthday, when they move and if they change their name.
With few exceptions, the registration requirement for Level 3 offenders is a lifetime mandate. During annual registration, the offender is required to verify his or her name and address or temporary location. Failure to properly register is a felony.

Once Registered
Sex offenders who are paroled, though representing only a small portion of the 21,000 registered offenders in New York State, are watched closely by their parole officers.
“We’re very much in these individuals’ lives, we do unannounced site visits, we monitor them tightly,” said state parole officer Scott Steinhart. “If they step out of line, they know they’ll go right back to jail.” Steinhart also pointed out that the parole board sometimes institutes curfews and bans on phone and Internet access if they deem it necessary.

Residents have a number of ways in which they can find out information on sex offenders in their area, made possible by Megan’s Law in 1996. The law requires all convicted offenders to register with the local police department.
This law came about from the 1994 disappearance of Megan Nicole Kanka. The little girl was lured into a neighbor’s home, then raped and suffocated. Kanka had been killed by a two-time convicted pedophile who lived across the street and was sharing his house with two other convicted sex offenders he met in prison.

In addition to contacting the local police department, there are a number of online catalogs such as the National Alert Registry and the Child Safe Network, though their authenticity is questionable. By charging for information, it is difficult to tell how legitimate these are and if these organizations are simply looking to make a penny off of people’s fear. The National Alert Registry promises fast and easy access to information on neighborhood sex offenders, but then charges $10 for the full report. The Child Safe Network brings in profits from charging phone bills, a payment of $14.95 per month for voicemail service.

What’s The Problem?
The availability of this information is fairly controversial. On one hand, concerned community residents want to know if sex offenders are settling down in their neighborhood. On the other hand, some argue it only increases the punishment, quite possibly to someone trying to reform his or her ways.

Most recently in Queens, Level 3 Sex Offender Ricardo Molina moved back into his old home located in Kew Gardens Hills. When the Concerned Citizens of Kew Gardens Hills learned of Molina’s move back into the community, they hung signs and distributed fliers with his name on it, and Molina eventually moved to Jamaica.

“He wasn’t bothering anybody and he wasn’t causing aggravation,” CCKGH member Mike Sidell said of Molina. “But the fact that he chose to move out is good news for the neighborhood.” Queens residents in a Bay Terrace co-op were concerned on a similar note when a man labeled “sexual predator” moved among them a few years ago.

Going Too Far?
Some civil liberties groups oppose giving out this information freely because studies have found no evidence to suggest that community notification protects children from sex offenses. They also argue the possibility that it can ignite vigilantism. In Albuquerque in 2002, convicted sex offender David Siebers took up residence and was harassed greatly by Mayor Martin Chavez and local law enforcement. Chavez held a public campaign to pressure Siebers to leave the city and law enforcers would follow him into neighboring towns well out of their jurisdiction. Following the lead of their mayor, some residents physically attacked Siebers and vandalized his property. Soon after, his house was burned to the ground.

The Maryland Civil Liberties Union shares similar concerns. Executive Director Susan Goering says that if law enforcement releases outdated information, innocent people living at a sex offender’s former address can be harmed.

“The Maryland registry provides no indication of how likely an individual is to commit another offense, and may further stigmatize ex-offenders who have rehabilitated themselves and no longer pose a risk to the public.”

Though New York Gov. George Pataki has indicated that he would like to strengthen Megan’s Law and add further registration requirements for released sex offenders, it is unclear at this time if the Legislature and Governor can come to an agreement on new legislation.