The parents of 7-year-old
Megan Kanka of Hamilton
Township,did not know that a twice convicted sex
offender was living across the street until that
neighbour was charged with the brutal rape and
murder of their daughter.
Q.What is the purpose of Megan's Law?
A. Megan's Law is designed to help protect our
communities by providing
information about convicted sex offenders to law enforcement
agencies and, in the case of
moderate and high risk offenders, community organizations and
the public. The notice will allow
communities to take informed and responsible steps to prevent
harm.
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Q.Are all sex offenders required to register with local police?
A. Sex offenders who have been released from
custody since Megan's Law went into effect on
Oct. 31, 1994, are required to register with the police.
In addition, offenders who were on parole
or probation on the effective date of the law, as well as
offenders who have been found to be
repetitive and compulsive by experts and the
courts - regardless of the date of sentence - are
required to register. Some registrants must verify their
addresses annually; others must verify their
addresses every 90 days.
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Q.What types of offenses require registration?
A. The offenses include aggravated sexual assault, sexual
assault, aggravated criminal sexual
contact, endangering the welfare of a child by engaging in sexual
conduct which would impair or
debauch the morals of the child, luring or enticing and, if the
victim were a minor and the offender
not a parent, kidnapping, criminal restraint and false
imprisonment.
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Q. How does the notification process work?
A. The state Departments of Corrections and Human
Services are responsible for informing county
prosecutors about the anticipated release of sex offenders.
In turn, the prosecutors must determine
risk to the community - the likelihood that the offender will
commit another crime. Hearings are
provided to those offenders who challenge the prosecutor's risk
determination or the proposed
scope of notification. Notification can proceed when the court
issues a final order authorizing the
county prosecutor to provide relevant information to the
appropriate groups or individuals.
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Q.Will I always be notified if a convicted sex offender moves into my neighborhood?
A. Under the law, sex offenders who reside in the community
are classified by prosecutors in one
of three "tiers" based on the degree of risk they pose to the
public: high (Tier 3), moderate (Tier 2)
or low (Tier 1). Neighbors are notified of high risk offenders.
Registered community organizations
involved with children or with victims of sexual abuse, schools,
day care centers and summer
camps are notified of moderate and high risk offenders
because of the possibility that pedophiles
and sexual predators will be drawn to these places. Staff
members at those facilities who deal
directly with children or victims are provided with information
about the sex offender. Law
enforcement agencies are notified of the presence of all sex
offenders.
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Q. What factors are considered in determining the risk of re-offense?
A. Megan's Law and its guidelines list numerous factors to be
considered in weighing the risk of
re-offense, including post-incarceration supervision, the status of
therapy or counseling, criminal
background, degree of remorse for criminal acts, substance
abuse, employment or schooling status,
psychological or psychiatric profile, and a history of threats
or of stalking locations where children
congregate.
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Q. What information is provided in a notification?
A. In all three levels of notification, the information
provided includes the offender's name,
description and photograph, address, place of employment or
school if applicable, a description of
the offender's vehicle and license plate number, and a brief
description of the offense.
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Q. How will I be informed?
A. You will receive personal notification of the location of all
Tier 3 (high risk) offenders in your
neighborhood that you are likely to encounter. A law enforcement
official, such as a police officer,
state police trooper or investigator from your county prosecutor's
office, will come to your door
and provide you with the pertinent information about offenders
in your neighborhood.
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Q. What should I do if I receive a notification?
A. Reinforce general precautions about staying away from
strangers and ask your children to tell
you or their caretakers where they will be at all times. Use the
information responsibly. Talk to
your children Tell them to treat the sex offender as a stranger.
Tell them where the sex offender
lives, what he or she looks like and what to do if they
encounter or are approached by that person.
If you believe that a crime is being committed by a sex offender
contact your local law
enforcement agency immediately as you would do in any case of
suspected criminal activity.
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Q. Are there any other steps I can take to protect my family?
A. Yes. There is no law that can ever completely protect us.
Adults need to teach children about
basic safety precautions. Check with your child's school to
determine whether a program is in
place to teach children about strangers. Also, check with the
school and other locations where
your child spends time on a regular basis IQ determine whether
safety precautions are in place.
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Q. What am I prohibited from doing?
A.The prosecutor and the courts are responsible to
determine who should receive notice about the
presence of a particular individual in the community. You should
not take it upon yourself to
provide any information you receive to others in the community,
that is the job of the prosecutor
and local law enforcement. Any actions taken against the individual
named in the notification,
including vandalism of property, verbal or written threats of harm,
or physical violence against this
person, his or her family or employer, will result in arrest and
prosecution for criminal acts.
Vigilantism is not only a crime, it is an action that will undermine
the efforts of those who have
worked hard to enact this law.
Source-
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