HARRISBURG, Pa. -- Pennsylvania Auditor General Robert P. Casey, Jr. has urged the General Assembly to amend Pennsylvania’s Megan's Law to better protect children from convicted sexual offenders living in their neighborhoods by providing families with greater access to information about these offenders. In testimony before the Senate Judiciary Committee, Casey said that Megan's Law must be amended to require increased disclosure about the whereabouts of convicted sexual offenders, and that an amendment to Pennsylvania's constitution is necessary to ensure that these changes
withstand court challenges.
"After extensive legal analysis, we have concluded that in order for
children, families, and communities to prepare themselves for the release of
sex offenders -- as the General Assembly originally intended -- Pennsylvania's
Megan's Law must be strengthened," Casey told members of the Judiciary
Committee. "As part of that process, Pennsylvania's constitution must be
amended to ensure that a stronger Megan's Law will hold up in court."
Earlier this year, Casey released a performance audit that revealed the
shocking fact that only one-half of 1 percent of Pennsylvania's 7,000 sex
offenders are subject to the community notification requirements of
Pennsylvania's Megan's Law. In fact, only a few dozen sex offenders -- those
that the courts have ruled are sexually violent predators -- are publicly
revealed by the Pennsylvania State Police.
According to Casey, this reality is in stark contrast to what the General
Assembly intended when Megan's Law went into effect. At that time, the law
stated, "If the public is provided adequate notice and information about
sexually violent predators and certain other offenders, the community can
develop constructive plans to prepare themselves and their children for the
offender's release."
"We are convinced that, to protect families, Megan's Law must go beyond
public disclosure only of predators," Casey testified. "It must authorize
disclosure of the hundreds, perhaps thousands, of offenders who have evaded
predator status for one reason or another -- even though they have committed
violent sexual crimes, such as sexual abuse of children and indecent assault,
and have at least a moderate likelihood of committing such crimes again.
Without a constitutional amendment, such an expansion would not withstand a
court challenge."
Several other states -- including New Jersey, Maryland and New York --
allow families to obtain information about thousands of sex offenders.
Casey said that the hearing demonstrated a broad commitment within state
government to protect children from those who would harm them, and that he
looks forward to working with the General Assembly and the Rendell
administration to ensure that Megan's Law protects children, families and
communities, as was originally intended.
Source: Pennsylvania Department of Auditor General