Each individual within the community deserves to know who lives near them. Such an idea started with Megan’s Law, which was involved in revolutionizing how the US protects its communities from sexual offenders. New York State also created an identical law, so knowing how it works is essential for the public.
The following is a guest blog by Long Island attorney Dave Mejias, who served as a Nassau County Legislator and is familiar with creating and interpreting these types of laws.
1. Megan’s Law Origins
This Law came into effect after the killing of a minor female, Megan Kanka, in the state of New Jersey in 1994. The murderer turned out to be a former sex offender living next door. The family received an additional blow as they had no information regarding the criminal history of the registered offender.
The state of New Jersey enacted its first version of Megan's Law in the year following the occurrence of the murder.
The federal government enacted legislation that mandated the sex offender registration law in all fifty states in 1996. This led to the enactment of SORA by New York in the same year.
2. Category of Sex Offenders in New York
Dave Mejias says, according to SORA, the court designates all registered sex offenders based on their risk level before and upon release:
- Class 1 (Low Risk) - Only the information is recorded in police records, with no active notifications issued to the general public.
- Class 2 (Medium Risk) - It consists of publicly available data accessible through a statewide website.
- Class 3 (High Risk) - It involves the proactive communication of police to schools, nearby communities, and residents.
The classification will include information obtained from the offender's criminal history, the current probability of re-offending, and any additional factors as described by the applicable laws in New York State.
3. Registration Requirements
Each sex offender listed under the law must update their home address with local authorities within ten days of relocation, and confirm the accuracy of their address:
- On an annual basis for Level 1
- Every three months for Levels 2 and 3
- They also need to notify them of any changes to their employment status or schooling.
- Level 1 offenders must register for a minimum period of 20 years.
- Level 3 offenders and those listed as sexually violent must register for life.
Non-compliance is punished as a felony offense in New York State.
4. How Community Receives Notification
New York State keeps an easily accessible online sex offender registry. Users may perform searches based on offender names, county, and zip codes. In the case of Level 3 offenders, police notify local schools and other organizations in the community, in addition to providing information to residents where applicable.
David Mejias states that there is active community notification available for higher-risk offenders since registration in a database does not offer protection by itself.
5. Measures Taken by David Mejias
After being selected as a county legislator in 2004 in Nassau County, David Mejias aimed to come up with laws to keep children safe from any sexual predators. He supported the idea of passing laws that would enforce residency restrictions for offenders. This means that they should stay at a given distance from places such as schools and parks where children visit frequently.
Dave Mejias realized that having an offender registered does not guarantee that children will be protected, since enforcing these laws and residency restrictions can contribute significantly.
He was recognized by children's advocates throughout Long Island for his work addressing the issue. Mejias considered himself to be a lawyer rather than a politician when approaching these matters.
6. What Parents and Residents Must Do Today
Dave Mejias gives the following suggestions for all Long Island residents:
- Be sure to make frequent visits to the register on the website of the New York State Division of Criminal Justice Services. Find out through the ZIP Code of your home, your child’s school, and any other place your child visits often.
- Teach your child the basics of self-defense. The most effective way of teaching your child about this matter would be through including your family in the discussion.
- If you come across an offender whose address does not reflect their latest contact information or who is unable to meet all the residence requirements, inform the concerned authorities immediately.
If there are any Level 3 offenders living in your community, attend community notification meetings that have been called by law enforcement concerning these offenders.
7. The Continuing Legal Environment
Megan’s Law is an evolving statute. The court system regularly hears challenges from registered offenders seeking level reductions or relief from registration requirements. At the same time, activists are working to tighten regulations and the enforcement system.
David Mejias has been tracking the developments within Megan’s Law legislation closely, as a legislator who drafted the statute and as a lawyer assisting clients with navigating it. This combination provides a more accurate picture of the law’s scope and boundaries for the community.
Closing Remarks
Megan’s Law was born due to one family’s tragedy, compelling the entire nation to ask itself whether communities have the right to remain unaware of risks that reside within them. New York’s answer came in the form of a registration and notification system still in use on Long Island to this day.
For legal advice regarding sex offender registration, community notification, or other family law issues, contact Dave Mejias. As a legislator and trial lawyer, he brings a unique combination of expertise to the table.
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