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© N. Faulkner 1996-2006
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Law Page Four, Section I: Megan's Law
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This information may be extracted, edited, and/or paraphrased from government publications.
The website host is not responsible for the source or accuracy of information.
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Contents
Page Two, Section I: Archive of Court Rulings on Megan's Law
 U.S. Appeals Court Upholds Connecticut's Megan's Law (09/97)
U.S. Appeals Court Upholds Washington's Megan's Law (09/97)
U.S. Appeals Court Upholds N.Y. Megan's Law (08/97)
U.S. Appeals Court Upholds N.J. Megan's Law (08/97)
Supreme Court Upholds Kansas Extended Sentences (06/97)
Limitations of Sex Offender Registries (01/98)
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U.S. Appeals Court Upholds Connecticut's Megan's Law
Source: Reuter News, September 9, 1997
Excerpts:
HARTFORD - A New York U.S. federal appeals court upheld Connecticut's 1995 sex offender notification law.
Connecticut Attorney General Richard Blumenthal said he welcomed the decision, and added that notification is "not punishment, -- (it's) simply a protection.''
According to Blumenthal, the court ruling "enables the state to notify the community where sexual offenders may live and work, without any fear that we're violating anyone's constitutional right.''
"We now can go forward with providing notification to communities where these thousands of sexual offenders may live, so that parents can protect their children armed with information that is absolutely necessary to making sure that these offenses are not re-committed,'' said Attorney General Blumenthal.
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U.S. Appeals Court Upholds Washington's Megan's Law
Source: The Seattle Times Company, September 5, 1997
Excerpts:
SAN FRANCISCO - The federal appeals court for nine states upheld Washington state's version of Megan's Law, saying "paroled sex offenders suffer no additional punishment" when the public is advised of their whereabouts.
The court said that public notification "may have a lasting and painful impact on a sex offender's life," including "humiliation, public opprobrium, ostracism, and the loss of job opportunities." But, it added that other laws have harsh effects, such as the loss of professional licenses or government benefits, or deportation, -- and have not been found to be punitive.
The appeals court ruling will affect challenges to any such laws in the nine states covered by the 9th Circuit: Alaska, Arizona, California, Hawaii, Idaho, Nevada, Montana, Oregon, and Washington,
Prior to parole, a state committee puts each offender in one of three classifications:
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No public notification, for the least serious;
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The offender's name, picture, and history (but not the exact address or employment information) are given to police agencies, local schools and neighborhood "block watch" captains; and
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The same information is also given to local news media for the most serious offenders.
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The appeals court cited a Washington Supreme Court (1994) ruling that authorities could release information that was necessary to counteract a convicted offender's dangerousness. The court also noted a Legislative statement (1990) that sex offenders pose a high risk of committing future crimes.
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U.S. Appeals Court Upholds N.Y. Megan's Law
Source: Reuter News, August 22, 1997
Excerpts:
NEW YORK - A federal appeals court ruled Friday that New York officials can release the names and addresses of scores of sexual offenders who were convicted before the effective date of the state's Megan's Law.
The appeals court also upheld the lower court's finding that the state could force sexual offenders convicted prior to January 1996 to register with law enforcement authorities.
More than 5,000 convicted sex offenders live in New York State, many of them on parole or probation. The notification provision allows citizens to learn the addresses of sex criminals who live in their communities, through police departments and a statewide "900'' phone number.
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U.S. Appeals Court Upholds N.J. Megan's Law
Source: Reuter News, August 20, 1997
Excerpts:
TRENTON, N.J. - A New Jersey federal appeals court upheld Megan's Law, which requires authorities to notify residents when convicted sex offenders are considered a risk to the community.
The law is named after Megan Kanka, who was raped and murdered in 1994, at the age of 7. Megan's murderer, Jesse Timmendequas, lived across the street from Megan and was a twice-convicted sex offender. The Kanka's did not know their Timmendequas' criminal history.
Under Megan's Law, convicted sex offenders in New Jersey are required to register with their local police department. Prosecutors review the original offense, prison record, and determine whether the offender has a job or other community ties to evaluate potential risk.
The three risk categories are:
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LOW ~ No public notification required;
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MODERATE ~ Requires limited notification such as schools, or other places where children gather; and
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MAXIMUM ~ Requires public notification, including posting information on bulletin boards at police stations, or public community gathering places.
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New Jersey wrote Megan's Law as retroactive, unlike dozens of other states that have adopted similar laws. The state Supreme Court (1995) and this week's federal appeals court rulings both rejected the argument that publicizing their presence was a penalty added after their prison sentences.
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Supreme Court Upholds Kansas Extended Sentences
June 23, 1997
Excerpts:
States can keep sexually violent predators locked up after serving their prison sentences even if they are not mentally ill, the Supreme Court ruled today.
Ruling 5-4 in the case of an admitted pedophile from Kansas, the justices said such people can be held if they are considered mentally abnormal and are likely to commit new crimes.
Such confinement -- intended to protect society -- does not violate the constitutional right to due process and is not double punishment for the same crime, the court said.
The ruling means Kansas can continue to confine Leroy Hendricks, who was convicted five times of child molesting and has said his death is the only way to guarantee he won't commit new crimes against children.
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Limitations of Sex Offender Registries:
Original Megan's Law Among Most Restrictive
Source: Robert Hanaley, NY Times, Jan. 5, 1998
Excerpts:
Of the 47 states that have a version of Megan's Law, only the offender registry laws in Michigan and Virginia are as restrictive and as difficult to access as New Jersey.
New Jersey's warnings cover only about one third of the state's paroled offenders. Of the 1,939 convicted offenders that county prosecutors have evaluated for potential risk, only 47 (2.4 %) are classified as "high risks" and subject to the widest warnings. Another 585 (30.2 %) are categorized as "moderate risks." The remaining 1,307 (67.4 %) are "low risks." In New Jersey, only law-enforcement officials can receive information about "low risk" offenders.
Alaska posted a list of its 1,600 paroled sex offenders on the Web. California provides information on about 64,000 offenders on CD-ROM at county sheriff's offices.
Connecticut permits local police stations to release the names, addresses and pictures of paroled offenders to anyone who calls. New York classifies 71 percent of its paroled offenders (4,738 of 6,637) as "moderate" or "high risks" and subject to warnings to the public.
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