Philadelphia Inquirer - Section: Community Voices - "Alter Law to Protect Kids"

Philadelphia Inquirer August 4, 2004 Wednesday CITY-D EDITION

SECTION: COMMUNITY VOICES; Pg. B02

HEADLINE: Alter law to protect kids

BYLINE: By Edward G. Rendell

BODY:
The killing of Megan Nicole Kanka rocked the quiet community of Hamilton, N.J., 10 years ago last week. Her murder, committed by a two-time sex offender on parole, ignited a groundswell of public outcry for community notification of the whereabouts of convicted sex offenders upon their release from incarceration.

This uprising of concerned parents resulted in the passage of a federal law to ensure that parents are notified when a sex offender moves into their community. In addition, 21 states, including Pennsylvania, passed statutes typically more stringent than the federal law.

When the Pennsylvania General Assembly enacted Megan's Law, it intended to protect the safety and general welfare of our citizens - particularly our children through notification. However, as Auditor General Robert P. Casey Jr. recently reported, far too few sexual offenders are subject to community notification and the public disclosure of their residence.

Of those sex offenders who are now living freely in the commonwealth, only 20 are known to the communities in which they live. Compare our 20 with the number of registered sex offenders subject to some degree of community notification in other states: New Jersey, 1,341; New York, 3,708; Maryland, 3,680; and Ohio, 10,800.

The number of offenders subject to community notification is so low in Pennsylvania because state law requires community notification only for those individuals the courts determine to be sexually violent predators. Our law defines a sexually violent predator as someone who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in a predatory sexual offense.

Our law needs to be changed so that community notification is substantially broadened and communities can consider the steps they must take if a convicted sex offender chooses to move into their community. To assist me in considering ways to improve our current law and registration system, I assembled a team of experts to advise me. These included representatives from the state police, Board of Probation and Parole, the Sexual Offenders Assessment Board, the Department of Corrections, the Office of General Counsel, the Governor's Policy Office, and the Commission on Crime and Delinquency.

Their recommendations include establishing a three-tiered offender-classification system. Tier 1 would consist of offenders found to be sexually violent predators. They would be subject to active community notification - specifically, law enforcement outreach to neighbors and schools in the vicinity of the sexually violent predator's residence - and the posting of the predators' names on a user-friendly Web site that immediately provides residency information to the individual making an inquiry. Now, the public must make an e-mail request to be given access to the link that provides this information.

Tier 2 would consist of offenders convicted of a sex crime requiring lifetime registration. Though not subject to active community notification, these offenders would have their names posted on the type of Web site detailed above.

Tier 3 would consist of all other sex offenders, who would still be registered with law enforcement authorities but who would not be listed on the Web site. If this plan is implemented, Pennsylvania could ensure parents and communities that individuals who served time for sexual offenses would be listed on a registry.

I also directed my team of experts to identify ways in which technology could streamline the way that information is shared between the agencies responsible for enforcing and administering Megan's Law. Together with my colleagues in the General Assembly, I will continue to use the engine of this administration to ensure that our communities are safe for our children to play in and for parents and others to enjoy peace of mind.

Edward G. Rendell is governor of Pennsylvania.