Megan’s Law Upheld on Appeal, but Minor Changes Are Sought

A federal appeals court upheld Megan’s Law today, calling for some technical changes but ruling it was not unconstitutional for authorities to notify residents about the presence of sex offenders in their midst.

The 3rd U.S. Circuit Court of Appeals in Philadelphia rejected claims by the New Jersey public defender’s office that community notification amounted to the tacking on of additional punishment after offenders completed their prison sentences.

“It is a very good day for families and children in New Jersey,” said state Attorney General Peter Verniero.

The law was passed in response to the slaying of 7-year-old Megan Kanka in 1994. Jesse Timmendequas, a neighbor with a criminal record for sex offenses against children, was convicted of luring the Hamilton Township girl into his home, raping her and killing her. He as been sentenced to death.

The crime led to laws across the nation requiring community notification when a convicted sex offender moves in.

In New Jersey, the law requires authorities to assess the likelihood a convicted sex offender will commit another offense when out of prison. If the risk is judged to be moderate, schools and other institutions in the area are notified of the ex-offender’s presence, but not the general public. If the risk is judged to be high, neighborhood residents are notified directly.

The appeals court said there must be changes in the procedures that permit sex offenders to challenge their risk assessment and the community notification plan.

“There are some issues with respect to due process and burden of proof, and we may have to amend the way in which we present the (risk assessment) hearings, but I don’t see anything there that we can’t address,” Verniero said.

Gov. Christie Whitman signed New Jersey’s Megan’s Law in October 1994, and sex offender notifications began in January 1995, although they were stopped after a few weeks by court orders.

The New Jersey Supreme Court upheld Megan’s Law in July 1995 but said there had to be changes to better protect the due process rights of convicted sex offenders who believe prosecutors made errors in assessing how much of a risk they still pose.