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MEGAN'S LAW

A MESSAGE FROM CHIEF CHRISTOPHER FERRARI

Prompted by the tragic murders of Megan Kanka and Amanda Wengert, citizens of this state demanded a law that would let them know when a convicted sex offender is living in their neighborhood. The Governor and State Legislature responded by approving a series of laws collectively known as “Megans Law.”

Megan’s Law created a registration and notification procedure to alert law enforcement, schools, community organizations and neighbors to the presence of a sex offender who authorities believe may pose a risk to the community. This information is designed to enhance public safety and awareness. However, no law can guarantee the protection of our children. There is no substitute for common sense safety precautions, such as teaching our children who to trust and knowing where they are at all times.

We are partners in making this law work. We have an obligation to act responsibly with the information we receive. No one has the right to take the law into his or her own hands by threatening or harming a sex offender. Vigilant acts will be investigated and prosecuted to the full extent of the law.

I know this is a very sensitive issue with many of you and hope that the information contained herein helps to clarify some of your concerns. In addition to the enclosed information, the Oaklyn Police has an officer assigned as its Megans Law coordinator. If you would like additional information or for us to visit you or your group feel free to contact me and I will make arrangements to accommodate you. Thank you for your interest in this subject.

THE HISTORY OF MEGAN'S LAW

The parents of 7-year old Megan Kanka of Hamilton Township, New Jersey did not know that a twice-convicted sex offender was living across the street until that neighbor was charged with the brutal rape and murder of their daughter.

The crime, occurring only months after a similar incident in Monmouth County, prompted passage of state laws requiring notification about sex offenders who may pose a risk to the community.

New Jersey’s law, commonly known as “Megan's Law,” requires convicted sex offenders to register with local police. Megan's Law also establishes a three-tier notification process to provide information about offenders to law enforcement agencies and, when appropriate, to the public. The type of notification is based on an evaluation of the risk to the community from a particular offender. The Attorney General’s Office, in consultation with a special 12 - member council, has provided county prosecutors, who must make that evaluation, with the factors to be used in determining the level of risk posed by the offender.

It is believed that equipped with the descriptions and whereabouts of high-risk sex offenders, communities will be better able to protect their children.

COMMONLY ASKED QUESTIONS

Q - Will my organization always be notified of the release of a sex offender into my community?

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}. Registered community organizations that care for children, women or other vulnerable groups, schools, day care centers and summer camps are notified of moderate and high risk offenders they are likely to encounter because of the possibility that pedophiles and sexual predators will be drawn to these places. Staff members at these facilities who deal directly with children or victims are provided with information about the sex offender. Neighbors are notified only of high-risk offenders. Law enforcement agencies are notified of the presence of all convicted sex offenders.

Q - Which community organizations should register?

A - Only those groups, organizations and agencies that own or operate an establishment where children gather under their care or where women or other vulnerable groups are cared for should register. The prosecutor’s office shall reject organizations that do not meet these requirements. All private and public educational institutions, including licensed day care centers and summer camps, likely to encounter a particular offender automatically receive that information and are not required to register.

Q - Where does my group or organization register in order to receive this information?

A - Groups and organizations must register with their local law enforcement agency {Oaklyn Police Department}, or, if the community has no local agency, you should register with the State Police having jurisdiction in that community. The law enforcement agency must keep a list of community groups and organizations and will use that list when notifications are necessary. The list is also forwarded to the county prosecutor’s office.

Q - Which community organizations are notified of released sex offenders?

A - Schools and registered organizations that are likely to encounter an offender will receive this information – based on the determined scope of notification.

Q - What information is included in a notification?

A - In all three levels of notification, the information provided includes the offenders name, description and photograph, address, place of employment or school, a description of the offenders vehicle and license plate number, and a brief description of the offense.

Q - What should my organization do when it receives this information?

A - Organizations and schools should take appropriate steps to educate and alert staff members who are charged with the care and supervision of children or victims. Notification is provided to these organizations and schools because of the possibility that pedophiles and sexual predators will be drawn to these locations. Staff members should be provided with the information that is contained in the notification. Guidance in providing this information to staff members can be obtained from your local law enforcement agency or the county prosecutor’s office.

Q - Are we to treat this information in a confidential manner?

A - Yes. This information is intended for staff members who directly care for or supervise children or victims. The organization is not to provide notification to the community at large

Q - Why is the role of my organization critical to the success of the law?

A - Equipped with descriptions and the whereabouts of sexual predators and pedophiles, those responsible for the care of our children and for victims of domestic and sexual violence will be in a better position to protect these vulnerable populations. Organizations should report any suspicious activity to their local law enforcement agency.

Q - As a member of an organization notified of the presence of a sex offender, what am I prohibited from doing?

A - Any actions taken against the individual named in the notification, including but not limited to, vandalism of property, verbal or written threats of harm, or physical violence against this person, his or her family or employer, will result in the 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.
 

Q - After initial registration, does my organization have any other responsibilities?

A - No, however, your organization should inform your local law enforcement agency if there is any change in the basic information it provided when the organization registered.

Q - Does my organization have to participate in the notification process?

A - Unless you are an educational institution, licensed day care center or summer camp, you will not receive information about sex offenders unless you register with the police. You are no legal obligation to register. However, all community groups eligible to be notified are encouraged to participate in the process.

Last updated on 01/25/2004

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