By Hector Flores
The new law requires that Level 3 sex offenders remain on the registry for life. Level 2 offenders are listed for life as well, but can petition a court to be removed from the registry after 30 years. Level 1 sex offenders remain on the registry for 20 years.
The law is just one in a series of bills strengthening Megan's Law, which governs sex offenders. Other legislation in the works includes civil confinement of dangerous sexual predators; imposing longer sentences on those who molest or rape children or commit violent or repeated sexual assaults; ending the statute of limitations on rape and sexual assault; and requiring all criminals to submit a DNA sample to the state's DNA data bank.
"We've pushed for years to strengthen Megan's Law, and I am proud that we are taking yet another step forward in our fight to keep New York's children and families safe," Pataki said. "This new legislation will ensure that all sex offenders remain on the registry, most for life, and continue to give every parent and family the right to know exactly where sex offenders live."
Senate Majority Leader Joseph Bruno, a Republican of Brunswick in Rensselaer County, said, "I want to commend Senator [Dean] Skelos and the joint legislative conference committee for their hard work in reaching this agreement before hundreds of sex offenders were allowed to simply vanish from the registry and blend back into society, where they could pose a dangerous threat to our children and our communities. This law will keep our neighborhoods better protected from the predators who prey on the most vulnerable members of our communities - our children. I applaud Governor Pataki for taking quick action and signing this bill into law."
Assembly Speaker Sheldon Silver, a Democrat of New York City, said, "Since the enactment of Megan's Law 10 years ago, the Legislature has acted repeatedly to strengthen the statute. This legislation is necessary to ensure public safety while federal legislation is being enacted."
Barbara Bernstein, of the Nassau County chapter of the New York Civil Liberties Union, however, believes that the new law will hinder the rehabilitation of offenders and prevent them from becoming useful members of society. "Lifetime registration for the least and worst offenders is counterproductive," she said. "Registration doesn't just mean checking in with police, it also means that your name and photo is on the Internet for everyone to see. I know from talking to people that they are hounded out of their homes. This affects their ability to become rehabilitated, because it affects their ability to keep a job and find a place to live."
Bernstein went on to say that imposing lifetime registration on a Level I sex offender who had consensual sex with a 17-year-old minor would serve only to impose on him the same treatment as the worst sex offenders - those arrested for rape and child sexual abuse - and prevent him from living a stable life.
"Studies show that Level 1 [sex offenders] are less likely to re-offend," Bernstein said, "and subjecting them to lifetime registration would only encourage them to re-offend, because they are subjected to constant harassment from neighbors who don't distinguish from Level 1 or Level 3.
"This does not mean that we are not interested in punishing sex offenders, but we are also interested in rehabilitating them, for no other reason than for public safety," Bernstein continued.
What works, Bernstein said, is supervision and treatment, which costs money. "Law enforcement agree that supervision and providing treatment is what works," she said. "Particularly for Level 1 and 2s. That is where the attention should be, at treating Level 1 and 2s."
Bernstein supported her point with a Recidivism of Sex Offenders study conducted by the Bureau of Justice Statistics. The study found that only 5 percent of sex offenders (men who had committed rape or sexual assault) were re-arrested for a similar crime.
Laura Ahearn of Parents for Megan's Law disagreed with Bernstein, saying that all sex offenders at all levels should be in the registry for life. "I can also quote from the same Bureau of Justice Statistics study," she said. "'When released into the community, convicted sex offenders have a dramatically higher recidivism rate for their crimes than any other type of felony.'"
Ahearn said the study found that rapists repeat the offense up to a rate of 35 percent, that offenders who molest young girls have a repeat offense rate of 29 percent, and that offenders who molest young boys re-offend at rates of up to 40 percent.
"The way statistics work, you can prove whatever you want by using them," Ahearn said. "Those who are crusaders for civil liberties forget that the most vulnerable need protection as well. The Speaker [Sheldon Silver] recognized that [sex offenders] have been given opportunities, but they preyed upon the most vulnerable, and that is where we draw the line."
Ahearn hopes that civil confinement legislation will be the next bill signed into law. "The governor has allocated $130 million for a 550-room facility to house these sex offenders," she said.
New York state's Megan Law went into effect in 1996, named after a 7-year-old New Jersey girl who was lured into a twice-convicted sex offender's home, where she was raped and murdered. The New York state Sex Offender Registration Act requires the registration of people convicted of sexual crimes.
Comments about this story? HFlores@liherald.com or (516) 569-4000 ext. 283.
