THE FACTS REGARDING SEX OFFENDERS
The purpose of this fact sheet is to provide a comprehensive overview of sex offender information and the role the PA Board of Probation and Parole plays in supervising paroled sex offenders.
This publication provides information on the following topics:
1. WHAT DEFINES A SEX OFFENDER
2. SEX OFFENDER LAW
3. COMMUNITY NOTIFICATION
4. SPECIALIZED AGENT TRAINING
5. HOW CAN TREATMENT KEEP A SEX OFFENDER FROM RE-OFFENDING
6. WHERE CAN I GET INFORMATION TO PROTECT MY CHILDREN AND MYSELF?
1. WHAT DEFINES A SEX OFFENDER?
“Sex offender" is a generic term for all persons convicted of crimes involving sex, including statutory sexual assault, rape, molestation, sexual harassement, and certain forms of pornography production or distribution. Sex crimes are forms of human sexual behavior that are crimes. Someone who commits these crimes is said to be a sex offender. Many sex offenses are primarily motivated by power and control issues, rather than sexual desires. Some sex crimes are crimes of violence that involve sex. Others are violations of social prohibitions, such as indecent exposure or exhibitionism.
By Pennsylvania law, a “sex offender” is an individual required to register under “Megan’s Law.”
By Pennsylvania law, a "Sexually Violent Predator" (SVP) is a person who has been convicted of a sexually violent offense and who is determined to be a SVP due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses, 42 Pa. C.S. § 9792. The term includes an individual determined to be a SVP where the determination occurred in the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or by court martial.
Juveniles are not considered “sex offenders” unless they are convicted in adult court or they are required to register as a sex offender in another jurisdiction.
Is this true? I am confused about this as I read in JPB's article that a boy was placed on the registry for something he did when he was eleven. I don't remember right off hand what state he was in though.
The Pennsylvania Board of Probation and Parole’s procedure requires that all offenders who have been convicted of an offense(s), current or prior history, which involves engaging in an overt sexual act(s), or behavior(s), be designated as a sex offender.
This is the type of person I thought would make up the majority/if not all of the list.
The parole supervision staff and sex offender treatment providers also screen offenders who have not been convicted of sex offenses, but have exhibited behavior that warrants evaluation to determine if the sex offender protocols should apply.
2. SEX OFFENDER LAW
When a person is charged with committing a sex offense, he/she is tried by a court and must be found guilty “beyond a reasonable doubt” according to the definition of the crime found within the Pennsylvania Crimes Code. For instance "Sexual Abuse of Children" is classified as a felony of the second degree.
So, yes, I thought they had to have been convicted
Upon conviction, the court must order an assessment by the Sexual Offenders Assessment Board (SOAB) and the judge must sentence the offender in accordance with the Pennsylvania Sentencing Code. The SOAB is an independent board of psychiatrists, psychologists, and criminal justice experts appointed by the Governor, according to statute, to assess all sex offenders convicted under Megan’s Law, and to conduct assessments for the Parole Board prior to an inmate’s parole consideration. The SOAB is supported by a fulltime staff, which conducts background investigations that make the evaluation and assessment of the convicted sex offender possible.
Again, this doesn't sound like anyone is jumping the gun and prematurely labeling anyone without due cause.
Following a hearing, the court determines if the offender should be designated as a SVP. If the court determines the offender is not a SVP, provisions of Megan’s Law registration still apply, but often just for 10 years, not for the lifetime of the offender.
Megan’s Law creates a registry of sex offenders and SVPs living in Pennsylvania that is maintained by the Pennsylvania State Police (PSP). Megan's Law exists to provide an additional safeguard to protect the public, especially our children, from victimization by sex offenders. This is accomplished by requiring convicted sex offenders to register their residences. Local police provide notification to the public of the presence of a SVP-designated offender in their community, along with the offender's place of employment and education. This registration process allows law enforcement and private citizens to develop constructive plans, safety programs, and victimization prevention strategies to prepare for the presence of sex offenders in their neighborhoods. There are relatively few SVP's in the community at this time because most of them are still incarcerated.
For 10-year and lifetime Megan's Law registrants, the PSP tracks the registrants' addresses through an address verification process that is done annually on the anniversary date of their initial registration. The registrant must appear at an approved registration site to complete a verification form and to be photographed.
For SVPs, the PSP tracks the registrants' addresses through an address verification process that is updated quarterly. SVPs are required to report to an approved registration site between January 5 and January 15; April 5 and April 15; July 5 and July 15; and October 5 and October 15 to complete a verification form and to be photographed.
Prior to leaving Pennsylvania, a registered sex offender must complete a change of address form and submit that form to the PSP. The registered sex offender must register with the new law enforcement agency within 10 days after establishing residence in another state. The PSP will then notify the state agency charged with maintaining the sex offender registry in the state that the registered sex offender now resides.
3. COMMUNITY NOTIFICATION
Community notification can take place ONLY in two circumstances:
1. Community notification occurs when a convicted sex offender is determined by a court to be a SVP. The chief law enforcement officer notifies the community using a community notification flyer.
This also seems reasonable.
2. Community notification occurs when an out-of-state offender is required to submit to community notification in their state of origin, regardless of whether or not the offender is classified as a SVP.
The PSP will provide community notification flyers to the police departments having primary jurisdiction over the municipalities where the SVP/out-of-state offender resides. Included with the community notification flyers are instructions for the police departments on how to perform community notification.
The community notification flyers contain the following information:
* The name of the SVP/out-of-state offender
* The address or addresses in which he resides
* The offense for which he was convicted
* A statement that he has been determined by court order to be a SVP or a statement that the out-of-state offender is subject to community notification by his state of origin.
* A photograph of the SVP/out-of-state offender, if available.
NOTE: The community notification flyers WILL NOT include any information that might reveal the victim's name, identity, or residence.
The chief law enforcement officer of the police department of the municipality where a SVP or out-of-state offender resides is responsible for community notification. The officer is required to make community notification to the following persons:
* Neighbors of the SVP/out-of-state offender: Those persons who live or work within 250 feet of the offender's residence or the 25 most immediate residences and places of employment in proximity to the offender's residence, whichever is greater.
* The director of the county children and youth service agency of the county where the SVP/out-of-state offender resides.
* The superintendent of each school district and the equivalent official for private and parochial schools enrolling students through grade 12 in the municipality where the SVP/out-of-state offender resides.
* The superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the SVP/out-of-state offender resides
* The licensee of each certified day care center and licensed preschool program and owner/operator of each registered family day-care home in the municipality where the SVP/out-of-state offender resides.
* The president of each college, university, and community college located within 1,000 feet of a Sap’s or out-of-state offender's residence.
Notice concerning SVPs and out-of-state offenders subject to community notification is also available by either submitting a request in writing to Pennsylvania State Police, Megan's Law Section, 1800 Elmerton Avenue, Harrisburg, PA 17110 or by calling 1-866-771-3170.
Members of the public may search for registered sex offenders or SVPs living in their community through the web site maintained by the PSP, Megan's Law Section: www.pameganslaw.state.pa.us. Members of the public are only entitled to the information about registered persons provided on the website. No other information can be provided to the public.
It seems to me that this is where the majority of the problem may be occurring.
Additional information on a SVP residing in your community may be obtained by contacting the chief law enforcement officer in your community. In communities where the PSP is the primary law enforcement agency, members of the public may contact the local PSP station for information on SVPs.
Victim Notification
Victims of SVPs (see definition above):
* Where an individual is determined to be a SVP by a court, the police department of the municipality where the SVP resides shall give written notice to the victim of the SVP within 72 hours after the SVP registers or notifies the PSP of a change of address.
* The victim is also entitled to notice of the SVP’s release from incarceration under the Pennsylvania Crime Victims Act, 18 P.S. § 11.101 et seq.
* The notice shall contain the SVP’s name, the address or addresses where he resides, and his place of empoloyment or education.
* The victim may terminate the notification by providing the police department of the municipality where the SVP resides with a written statement releasing that department from the duty to notify. The victim can reinstate the duty to notify if they so desire. The request to reinstate notification shall be made in writing to the PSP, Megan's Law Section.
Victims of Sex Offenders
* The victim of an offense committed by a sexual offender who has not been determined to be a SVP is entitled to that notice afforded under the Pennsylvania Crime Victims Act
* More information on the rights of crime victims is available by contacting Pennsylvania's Office of Victim Advocate at 1-800-563-6399 or visiting their website (http://www.ova.state.pa.us)