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2. State Sexual Offender Laws and the Church May 13, 2013

3. Anne HortonJanet McNeal

4. Law and Grace Consulting Janet A. McNeal 810 Trolley Road York Springs, PA 17372 717.525.3688 jmcneal@law-and-grace.com www.law-and-grace.com Specializing in sex offender management, bullying/cyberbullying, pornography, sexual harassment and discreet investigations I am a PA licensed private investigator

5.  Administrative consequence for conviction, NOT meant to be punitive  Exists for the purpose of public safety  Assists in crime prevention  Assist law enforcement with information sharing and investigations  Reduce recidivism (re-offending) ◦ Win-Win situation

6.  Bring Penna. into compliance with federal requirements under the Adam Walsh Child Protection and Safety Act (Adam Walsh Act) of 2006  Sexual offender accountability ◦ Require individuals convicted of certain sexual offenses who live, attend school, work (including volunteer work) in Penna. to register and comply with accountability requirements ◦ To require those convicted sexual offenders who are homeless or transient to register and comply with accountability requirements  Public Safety--To provide tools for the public to obtain information on offenders in their area, workplace, school, etc.  To provide additional tools for law enforcement

7.  Egregious Crimes Get National Attention and resulting in Federal Legislation ◦ Federal Violent Crimes Control and Law Enforcement Act of 1994  Jacob Wetterling – info sharing among jurisdictions  Pam Lynchner – info sharing across state lines  Megan Kanka – public notice of sex offenders  Jessica Lunsford – GPS tracking, residency restrictions  Dru Sjodin – National website  Plus far too many others

8. ◦ Adam Walsh Child Protection and Safety Act of 2006  Rolled all previous laws into one  It is a “floor, not a ceiling” (minimum standard)  Uniformity of laws nationwide, includes Indian reservations and territories  States must comply or lose federal funding

9. ◦ Megan 1 - April 21, 1996  Everyone 10-year offender, limited offenses ◦ Megan 2 – July 9, 2000  Added lifetime registration  Sexually Violent Predator (SVP) designation ◦ Megan 3 – January 23, 2005  Everyone on public website  New rules for out-of-state offenders ◦ Megan 3.1, 3.2, 3.3 etc.  Vehicles, web info, transients, enforcement… ◦ Act 111 of 2011, Effective December 20, 2012

10. Rolled all previous versions of Megan’s Law into new law Retroactivity, reclassification Tiered by offense of conviction Added several new offenses Increased frequency of reporting Added juvenile offenders Increased info on web Additional access to tracking by the public

11.  Anyone who was previously registered and completed is done  If previous conviction and never registered, must register if re-enters the Criminal Justice system ◦ Does not need to be a sex based offense  Retains Sexually Violent Predator (SVP) designation and adds Sexually Violent Delinquent Child (SVDC) ◦ SVDC--adjudicated delinquent of certain sexually violent offenses and has been committed for involuntary treatment  All current registrants reclassified to new law ◦ Changed minimum registration from 10 years to 15 years ◦ Some 10-year offenses upgraded to lifetime registration

12.  Register 15 years, Report annually  Increased from 10-year registration  Tier 1 Offenses ◦ Unlawful Restraint * new ◦ False Imprisonment * new ◦ Interference with Custody * new ◦ Institutional Sexual Assault ◦ Luring A Child Into Motor Vehicle or Structure ◦ Indecent Assault (A)(1) (any age w/o consent) * new ◦ Corruption of Minors (sexual conduct) * new ◦ Sexual Abuse of Children (possession/view child porn) ◦ Invasion of Privacy * new ◦ Several federal statutes * new

13.  Register for 25 years, report 2 times year  Tier 2 Offenses ◦ Statutory Sexual Assault (v<16 actor 8 -11 yrs older)* new ◦ Institutional Sexual Assault (school, day care)** ◦ Prostitution (promoting/procuring) ** ◦ Pornography (involve minor in any way, including showing) ** ◦ Sexual Abuse of Children (manufacture/deliver child porn) ** ◦ Sexual Exploitation of Children (procure child) ** ◦ Unlawful Contact with Minor (solicitation) ** ◦ Indecent Assault (forcible compulsion/threat, impaired drug/alcohol/mental, victim<16, actor +4 yrs older) * new ◦ Several federal statutes ** Upgraded from 10 year registration to 25 years

14.  Register for lifetime, report 4 times year  Tier 3 Offenses ◦ Kidnapping * (previously 10 year offense) ◦ Rape ◦ Statutory Sexual Assault (v 11 yrs older) new ◦ Involuntary Deviate Sexual Intercourse ◦ Aggravated Indecent Assault ◦ Indecent Assault, victim <13 * (previously 10 year offense) ◦ Incest ◦ Juvenile Offenders (for specified Tier 3 offenses) new ◦ Sexually Violent Delinquent Child new ◦ Sexually Violent Predator ◦ Several federal statutes

15.  All vehicles owned and operated by the offender ◦ Posting includes location/address where the vehicle is customarily parked  Full street address of employer on web  Sexually Violent Delinquent Child on web and subject to community notification  All convictions for sex based offenses listed on web  Track Offender Button for Citizens ◦ Every update for specific offender ◦ Fence – email for activity in and out of designated radius from address or zip code

16. Definition of Employment: Includes a vocation or employment that is full or part time for a period of four days per week or aggregate period of time exceeding 14 days in any calendar year, whether self-employed, volunteered, financially compensated, pursuant to a contract or for the purpose of governmental or educational benefit.

17.  Offender must list volunteer work under employment.  Full address of employer posted on web  Vehicle information includes vehicle description and location where vehicle is customarily parked  Transient offenders must report their location monthly  All offenders must report temporary lodging

18.  Residence - A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year.  Temporary Lodging - The specific location, including street address, where a sexual offender is staying when away from their residence for seven or more days.  Transient – An individual required to register who does not have a residence but nevertheless resides in a temporary habitat or other temporary place of abode or dwelling, including but not limited to, a homeless shelter or park.

19.  The burden is on the offender (not the church) to truthfully report all the required information within the statutory mandates  It is a good business practice for the church to ◦ Confirm the offender’s court ordered supervision status and requirements ◦ Establish a policy for offenders participation in the life of the church preferably before they start attending ◦ Periodically monitor the offender information posted on the public website for accuracy ◦ Report any inaccurate or incomplete information to the supervising agency (probation/parole) or other law enforcement

20.  Crimes Code §4915 ◦ Felony offense for offenders to fail to report required info within required time periods, or to report false info.  Crimes Code §3130 ◦ Also a felony offense for a person to assist any non-compliant offender in avoiding apprehension or compliance with registration requirements. (Cannot aid, assist, harbor, conceal, give false information, withhold information, etc.)

21. www.pameganslaw.state.pa.us

28.  Penna.’s Megan’s Law does NOT restrict where any offender may live, work, visit, or attend school. Nor does it restrict their access to children.  Restrictions such as these may be imposed as a condition of supervision of probation or parole.  Those restrictions would end upon completion of the term of supervision.

29.  Parole is supervision for the remaining portion of an unserved confinement (incarceration) sentence  Probation is part of a sentence but involves supervision without incarceration  Violations of the terms and conditions of probation or parole can result in arrest and incarceration, revocation of probation/parole

30.  Common probation/parole restrictions may include: ◦ Approved home plan ◦ No access to children (supervised or unsupervised) ◦ No computer or internet ◦ No pornography ◦ No contact with victim ◦ Not to frequent parks, playgrounds, or other places children congregate (can include church if there is a day care or children’s program on site) ◦ No alcohol, drugs, etc.  Can order ongoing treatment

31.  Inmates being released from State Correctional Institutions (typically sentence exceeding 2 years) are supervised by the Pennsylvania Board of Probation and Parole (PBPP)  Inmates serving County sentences (typically less than 2 years) are supervised by County Probation and Parole Offices.

32.  Board Actions (supervision conditions) are PUBLIC Information.  You can contact the PBPP Public Inquiry Unit to obtain the results of the hearing and the conditions for State parolees. 717.772.4343  You need to contact the County office for offenders being supervised at the local level.

33. www.pbpp.state.pa.us

34.  Pennsylvania CHRI is public information  It can be obtained from the Penna. State Police on-line for a fee of $10 at: https://epatch.state.pa.us  Or: It can be obtained free of charge from the Unified Judicial System website for the Administrative Office of Pennsylvania Courts at: ujsportal.pacourts.us

39. Use the Information Responsibly Follow the direction of John Wesley Do No Harm

40. Any Questions?

41.  SVP-Sexually Violent Predator  SVDC-Sexually Violent Delinquent Child  PBPP-Pennsylvania Board of Probation and Parole  CHRI-Criminal History Record Information  Pa. State Police Megan’s Law Website: www.pameganslaw.state.pa.us  Pa. Board of Probation and Parole website: www.pbpp.state.pa.us  PBPP Public Inquiry Unit -- Phone 717.772.4343  Pa. Access to Criminal History On-line: https://epatch.state.pa.us  Unified Judicial System (Administrative Office of Penna. Courts) website: www.ujsportal.pacourts.us

42. Law and Grace Consulting Janet A. McNeal 810 Trolley Road York Springs, PA 17372 717.525.3688 jmcneal@law-and-grace.com www.law-and-grace.com Specializing in sex offender management, bullying/cyberbullying, pornography, sexual harassment and discreet investigations I am a PA licensed private investigator

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