Frequently Asked Questions About Sex Offender
Registration and Community Notification
What is sex offender registration?
In
1994 the federal Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration Act
was passed. This law mandated states to set up sex
offender registries to assist police in keeping track of
sex offenders in their jurisdictions. Each state may
choose how to operate their registry.
In New
York State, a person must register as a sex offender if
they have been convicted of certain offenses. They have
to tell local law enforcement where they will be living
and, in some cases, where they will be working. For
more information about sex offender registration in New
York State you can visit the NYS Division of Criminal
Justice Services’ website:
www.criminaljustice.state.ny.us.
What is community notification all about?
In 1996,
Congress passed Megan’s Law. Megan’s Law is an
amendment to the sex offender registration act and
requires states to develop community notification
programs to make information about registered sex
offenders available to the community. This information
can help community members make planning decisions about
the safety of themselves and their family.
New York
State Law allows local police to give out certain
information about some registered sex offenders. The
amount of information depends on the offender’s
designated risk level. Little information can be
released about low risk offenders. Much more
information can be released about moderate to high risk
offenders, including the offender’s picture and
description of their offense. Specific information on
high risk offenders’ addresses is available.
Information on where moderate risk offenders reside is
given in general terms, such as by zip code.
Are there any differences in how sex offenders are
classified on the Registry?
Some
states use a tiered system of classifying registered sex
offenders according to their risk of re-offense, while
other states don’t differentiate between different risk
levels.
New
York State uses a tiered system, which puts sex
offenders into one of three tiers or levels. A court
determines whether an offender is a Level 1, 2, or 3.
Level 1 offenders are considered to be low risk to
re-offend. Level 2 offenders are considered to a
moderate risk to commit a new sex offense. Level 3
offenders are considered to a high risk to re-offend.
Courts in New York also decide if an offender should be
designated a sexual predator, sexually violent offender
or predicate sex offender.
Do Juvenile Delinquent Sex Offenders have to register?
While
some states require juvenile delinquent sex offenders to
register, New York State does not.
How long do sex offenders have to be registered?
Sex offenders in New York,
who registered on or after March 11th of
2002, must register for at least ten years, unless they
were
given a designation, in which case they have to
register for life.
Aren’t most sex offenders locked up?
Some
sex offenders receive community sentences, such as
probation supervision, and so remain in the community
while serving their sentence. Sex offenders who are
given jail or prison time are eventually released back
into the community. Offenders released from prison may
be supervised by parole. Short of incarceration,
community supervision allows the criminal justice system
one way to help control the offender. There is a growing
interest in providing effective community supervision
for this population to reduce the threat of future
victimization. The supervising agency can monitor the
offender’s residence, require that the offender work and
in some cases require that he or she participate in
treatment. Certain sex offenders who find appropriate
work and are in treatment while under community
supervision present a reduced threat to the community.
Isn’t it just a matter of time before a sex offender
commits another crime?
Studies done on the subject suggest that this is not the
case, although the rates of re-offense vary among
different types of sex offenders. Interestingly, sex
offenders re-offend at lower rates than the general
criminal population. However, the impact of sex crimes
can be particularly devastating and long-lasting
compared to other types of crime.
Now that I know about a particular sex offender who
lives in my community, are my family & I safe?
Sex
offending happens in secrecy. Community notification
removes the veil of secrecy. The purpose of community
notification is to reduce the chances of the offender
victimizing someone else by increasing neighborhood
residents’ awareness of known sex offenders living in
their area. It is also very important to remember that
registered sex offenders are only a portion of people
who have committed sex offenses who live in our
communities. There are many offenders who have not yet
been caught, who are not required
to register, or who
have completed their registry obligations.
What do I tell my children about this offender?
Good communication between
parents and children is an important part of family
safety. In general terms tell your children that this
person has hurt someone before. Explain to them that
they should stay away from this person. Review safety
tips and be aware of common lures used by sex offenders
(Suggested link
http://www.childluresprevention.com/). Even
though we mean well when we say
to our kids, “don’t talk
to strangers,” the fact is that most children are
sexually abused by someone they already know, be it a
family friend, a neighbor, a babysitter, a coach – even
a family member.
Who should I contact if I am concerned about the sex
offender’s behavior?
If it
appears to you that the offender has committed a crime
or is acting suspiciously, call the county sheriff or
the police department in your jurisdiction and report it
as you would any other suspicious or criminal activity.
Most areas have a 911 emergency service, but check with
the law enforcement to find out how to report a crime
that you witness or suspect. It is important that you
leave it to law enforcement and do not take matters into
your own hands.
What do I do if I or someone I know has been the victim
of sexual assault?
You
have several options. You may choose to call local
police or the 911 emergency number. You can also go
directly to the hospital emergency room (Saint Francis
and Vassar Hospitals both have special facilities for
sexual assault victims).
The
Crime Victims Assistance Program’s 24 Hour Sexual Trauma
Crisis & Recovery Services Hotline (845-452-7272) can
provide you with support and information on your
options. This agency’s staff has experience in dealing
with crime victims, including adult and child victims
(male and female) of sexual assault.
For more information:
New York State Coalition Against Sexual Assault
Rape,
Abuse, Incest National Network
Male Survivor: Overcoming sexual victimization of boys
and men
American
Professional Society on the Abuse of Children
The
Center for Sex Offender Management
National
Center on Sexual Behavior of Youth
The
Association for the Treatment of Sexual Abusers
Safer Society Foundation, Inc.
Stop
It Now!
Child
Abuse Prevention Network
Parents for Megan’s Law
New York State Sex Offender Registry
