Assembly Minority Conference Plan Strengthens ‘Megan’s Law’
Urges ‘civil confinement’ as complement to tougher notification rules to keep kids safe
Assemblyman David G. McDonough (R,C,I-Merrick) and members of the Assembly Minority Conference today unveiled a far-reaching plan to strengthen New York’s "Megan’s Law," the community notification law aimed at preventing abuse of children by making communities aware of the danger of sex predators in their midst.
"This is not a political issue but an issue of safety, for women and children throughout the state," said Assemblyman McDonough. "The psychological and emotional damage lasts a lifetime for the victims and their families. My colleagues and I agree that it is time to strengthen Megan’s Law," added the Assemblyman, "and believe our plan will do that."
The 17-point plan is based on testimony of expert witnesses – law enforcement, prosecutors, advocates and victims, themselves – during a year-long series of statewide hearings by the Assembly MinorityTask Force on Sex Crimes Against Children and Women, and is contained in the panel’s 42-page interim report, which was released today.
As a member of the task force, Assemblyman McDonough heard testimony from dozens of witnesses at forums held in Albany, Syracuse, Hempstead and Yonkers.
One of the task force’s chief recommendations is the enactment of a "civil confinement" law that would allow a judge to order a high-risk sex offender held in a secure facility beyond their maximum prison term to allow continued treatment and protect communities from future offenses.
The Assembly Minority Conference has urged a civil commitment law since 1993. The U.S. Supreme Court recently upheld the constitutionality of such statutes, and a similar bill has repeatedly passed the state Senate.
In addition, the Assembly Minority Conference is seeking to restrict plea bargains by sex offenders to ensure that they will be listed on the Megan’s Law registry.
Other key task force proposals would:
- add information about Levels 1 and 2 sex offenders on the state’s Megan’s Law Web site. Currently, information is publicly available only about Level 3, highest-risk offenders;
- restrict sex offenders from living near schools, playgrounds, day care centers and other places where children are likely to be present, as well as prohibit employment or volunteer activities, such as youth groups, where convicted offenders would have close contact with children;
- remove potential legal barriers to law enforcement Internet "stings." Right now, offenders can hide behind the fact that undercover agents are not technically "minors" in order to receive more lenient treatment; and,
- raise penalties and extend the statute of limitation for all sex crimes involving children.
Megan’s Law was enacted in 1996 in the wake of several high-profile cases of abductions and abuse of children by convicted sex offenders. It is named after 7-year-old Megan Kanka, of New Jersey, who was abused and murdered by a known sex offender.
The 17 task force recommendations are:
- Allow continued civil confinement of most dangerous sex predators.
- Expand the "Megan’s Law" Web site to include information on Levels 1 and 2 offenders.
- Require – rather than permit – release of information regarding Level 3 sex offenders to schools, day care centers and others.
- Prohibit sex offenders from living near schools and playgrounds.
- Restrict sex offender contact with children in employment or volunteer groups.
- Remove legal barriers for law enforcement Internet "stings."
- Allow prosecutors to appeal lenient bail and sentencing.
- Restrict plea bargains to require plea to sex offense.
- Extend the statute of limitation for sex crimes against children.
- Increase penalties for all sex crimes involving children.
- Create new felony crime of child endangerment.
- Raise penalties for public lewdness.
- Expand definition of repeat sexual abuse.
- Give parents legal right to monitor children’s telephone communications.
- Increase penalties for offenders who fail to register.
- Remove "affirmative defense" for evading annual reporting.
- Require annual updated photos of sex offenders (90-days for highest-risk offenders).