Link to Conn. State Department of Public Safety Sex Offender Registry

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A guide for parents to teach their children personal safety rules to reduce the risk of sexual abuse

"Children are best protected by giving them the knowledge and skills necessary for their safety and well-being."

Article: Sex Offender Registration in CT - It's Not That Simple

Sexual Abuse Facts & Myths

Sexual Offender Treatment in the 90's and Beyond

The importance of sex education for children

Legislative History of CT's Megan's Law

Civil Remedies for Victims of Sexual Abuse

Links:

KlaasKids Site: Summary of Statewide Registration Laws

National Clearinghouse on Child Abuse and Neglect Information of the U.S. Dept. of Health & Human Serv. has Acrobat-formatted compilations of all criminal and civil state child welfare statutes, including registration statutes.

Topic Home Page: Resources for Victims of Sexual Abuse

Topic Feature: Remedies for Victims of Sexual Abuse

Topic Feature: Statutes of Limitation for Victims of Sexual Abuse

  Victims Law  

Megan's Law:
Connecticut's Sex Offender Registration and Community Notification Law

Compiled by
Susan K. Smith, Attorney at Law
Hartford and Avon, Connecticut

On March 5, 2003. a unanimous Supreme Court ruled that Connecticut and other states may post the pictures of convicted sex offenders on the Internet without violating their constitutional rights. Link to the Supreme Court decision; CONNECTICUT DEPARTMENT OF PUBLIC SAFETY et al. v. DOE, individually and on behalf of all others similarly situated, No. 01—1231. Argued November 13, 2002–Decided March 5, 2003

November 12, 2002: United States Supreme Court Heard Oral Argument on  in Case Concerning Connecticut's "Megan's Law." On May 20, the U.S. Supreme Court agreed to review the lower court decisions which closed Connecticut's sex offender registry. Connecticut Department of Public Safety v. Doe, Supreme Court Docket No. 01-1231. The Connecticut district court (Chatigny, J.) closed the registry, ruling that publication of convicted offender's personal data without a hearing to first determine their dangerousness would violate their constitutional right to due process of law. The U.S. Court of Appeals for the 2nd Circuit upheld Judge Chatigny's ruling, reasoning that Connecticut had a legitimate interest in protecting the public from crime, but that its law was "too blunt" and "fails to accommodate the constitutional rights of persons . . . who are branded as likely to be currently dangerous offenders irrespective of whether or not they are."

In its brief to the Supreme Court, Connecticut argued that hearings to determine dangerousness would be too burdensome and that it had a legitimate safety interest in providing the information to the public. The Supreme Court's decision will directly effect similar laws in more than twenty states.

Sex Offender Registry Closed to Public.  On October 20, 2001, the Federal Appeals court affirmed the lower court ruling of Judge Robert Chatigny. In Doe v. Department of Public Safety, The Second Circuit Federal Court of Appeals ruled that Connecticut's sex-offender registry must remain off the Internet and out of the hands of the public until the state can narrow the list to those who are a danger to the public. In an opinion by Judge Robert D. Sack, the court ruled that Connecticut's "Megan's Law" violated the Constitution because it did not provide an opportunity for sex offenders to show they are not a "present danger."  The law therefore unfairly stigmatizes previous sex offenders as dangerous. The Connecticut legislature could cure the constitutional defect by enacting new legislation providing a procedure that satisfies due process to insure that offenders are given an opportunity to demonstrate that they are not a present danger. Connecticut's Attorney General has promised to appeal the ruling to the U.S. Supreme Court.

The Registry was closed on May 18, 2001  pursuant to Judge Chatigny's order. Connecticut's public registry drew fire because all offenders were included regardless of whether there was a finding of whether they posed a danger to the public. Opponents felt that it amounted to double punishment of offenders. Judge Chatigny ruled that the law violated the constitutional guarantee of due process because there is no procedure for offenders to challenge their inclusion in the public registry. Offenders are still required to register and the registry will be maintained for law enforcement purposes.

Abstract: The law, (Public Act 98-111) effective October 1, 1998, provides for mandatory registration by persons convicted of a broader range of sexual crimes toward children and sexually violent crimes.  The new law also provides for a central registry to be developed and maintained by the Dept. of Public Safety, which agency must periodically verify the addresses reported and notify local law enforcement agencies. The Department must also make the registry publicly available, advertise its availability and publish it on the Internet. Persons covered by the act must maintain their registration for 10 years. Persons who are convicted of certain serious crimes, or who are declared not guilty by reason of insanity, must provide DNA samples. Persons who fail to register are subject to the increased penalty of a Class D Felony.

New: Public Act 98-135. Community response education program to be offered to neighborhoods and municipalities that have been notified pursuant to section 54-102r of the general statutes, as amended, that a person who has registered under said section is or will be residing in that community.

News Briefs

NYT Article: Monday, May 22, 2000. Sex Offender Listings on Web Set Off Debate By PAUL ZIELBAUER. Critics say online registries, while popular with the public, are a "quick fix" to a complex issue and could stigmatize and victimize marginal offenders and ultimately produce more sex crimes than they prevent.

January 12, 2000. Judge Rules on Notification Limits. MINEOLA, N.Y. (AP) - Real estate agents are not required to inform prospective house buyers about the backgrounds of their neighbors - even if one of the neighbors is a pedophile, a judge has ruled. New York law requires real estate agents and homeowners to tell prospective buyers about known physical defects in the house and property. But when it comes to the neighbors, agents do not have to voluntarily disclose anything, although they are prohibited from concealing information, Judge Bruce D. Alpert said in a ruling dated Jan. 7 and released Tuesday. ``New York adheres to the doctrine of caveat emptor,'' or buyer beware, he ruled. ``Any other ruling would have brought chaos to the real estate market,'' said Michael Ciaffa, an attorney who represented real estate agents Barbara Mazzitelli, Davidine LeBoyer and Natalya Skvirsky. The agents ``concealed nothing, and are relieved and gratified,'' Mazzitelli said.

September 21, 1999. Constitutionality of DNA data bank upheld. The Second U.S. Circuit Court of Appeals upheld the  Connecticut statute which requires convicted sex offenders to submit a blood sample to the DNA data bank. The Court ruled that the law did not constitute an unreasonable search and seizure.

August 18, 1999. Link to MSNBC.com article: Megan’s Law expands to the Internet : Parents research sex offenders, but not without controversy. Sidebar: Are online registries fair to offenders? Links to state registry laws nationwide.

August 17, 1999. Massachusetts authorities have disclosed an unintended result of that State's offender registry law. There has been a "an incredible reduction in the number of guilty pleas, and increases in trials" because persons accused of sex crimes wish to avoid being listed in the registry. Source: Boston Globe story (no longer linked).

August 9, 1999. The State Supreme Court ruled that State probation officers have the discretion to require that sex offenders register even if their crimes are not specifically mentioned in the State's registration law. 

June 1, 1999. The state House of Representatives approved amendments to Megan's Law that would cover additional crimes and would apply to some persons who committed their offenses out of state. The bill approved by the House also requires violent sex offenders to register for life rather than 10 years. The bill adds child pornography to the list of sex offenses requiring registration. The bill also requires those convicted of sex offenses elsewhere to register in Connecticut if they move to the state temporarily or regularly work or attend school here. The bill would also allow judges to exempt those convicted of less serious offenses from registration, and would give judges discretion to prevent disclosure of information concerning cases in which the victim and offender are in the same family. The bill now goes to the Senate. Some of these changes were called for by the Connecticut Sexual Assault Crisis Service, a statewide victims' advocate coalition. It was approved in the House by a 130-7 vote.

the New York Court of Appeals delivered a blow to prosecutors limiting application of NY's Megan's law. New York's highest court held  that some sex offenders have a limited right to appeal orders that will subject them to registration and community notification rules after their release from prison.

Excerpt: Hartford Courant,* Wednesday, April 7, Megan's Law Adds Wrinkle For Home Sellers, Realtors. By RACHEL GOTTLIEB

An elderly couple in East Hartford thought they'd found the perfect buyer for their longtime home. A young couple with children signed a contract for the house. Before the deal closed, though, the young parents learned that a convicted sex offender was living in the neighborhood and they tried to back out of the contract, according to a lawyer whose firm represented one of the parties. Real estate agents and sellers . . .worry that this kind of incident could become commonplace as . . buyers grow increasingly aware of where sex offenders live. . . .In the East Hartford case, the sellers stood their ground and . . . the deal went through. . . . .Real estate agents are lobbying for a bill that would relieve them of the responsibility of disclosing the presence of sex offenders in a neighborhood.

.. . .One problem with the state's Internet listing, Fercodini said, is that it doesn't differentiate between offenders who are not predators - such as those convicted of statutory rape in which both parties consented - and those who could be more dangerous. And there's no guarantee the Internet site will always be updated, real estate agents say. They worry that if they give out faulty information, they'll be blamed later.

Excerpt: Norwalk man's case prompts sex offender list changes. HARTFORD, Conn. (AP) March 23, 1999. A Federal judge has proposed changes in the way people on the state's Internet list of sex offenders are described. U.S. District Court Judge Robert N. Chatigny Monday denied a Norwalk man's request to be kept off the list of sex offenders. However, the judge said that by explicitly stating on the Internet Web site that the people listed are not necessarily dangerous, the state and the Norwalk man identified as ''Steven Doe'' may be able to settle Doe's case without a trial. Attorney General Richard Blumenthal agreed to make the changes which he said could help the state fend off a class-action suit brought by the Connecticut Civil Liberties Union.   . . . .Doe had complained that being listed on the registry prompted vandals to throw eggs and rocks at his house, led to harassment of his family and caused him to lose work and to feel shunned by his friends and acquaintances.

Excerpts: Victims: Megan's Law Backfires. By Rachel Gottlieb Hartford Courant March 3, 1999 The last thing the mother of a 4- year-old victim of sexual assault wanted was for law enforcement officials to notify the perpetrator's community of his crimes and his address. The offender, after all, was the girl's father. And following years of intensive counseling for the whole family, Mom and Dad reconciled so Dad's address was the same as the little girl's.

. . . . Then came Megan's Law - the law designed to protect the community from sexual predators by requiring them to register with police. The information is available at police stations and posted on the Internet, and sometimes more broadly advertised by police, probation officers and even school officials.

It surprises no one that there are objections to Megan's Law. But the backlash is coming from unexpected quarters: some victims of sexual assault. All this public disclosure - particularly in cases of incest or spousal sexual abuse - is ``outing'' the victims, explains Gail Burns-Smith, director of Connecticut Sexual Assault Crisis Services. And then they end up feeling victimized all over again.

. . . . Lawmakers are getting an earful now. Rep. Michael P. Lawlor, D-East Haven, House chairman of the judiciary committee, can tick off examples similar to Susan's. There's the woman, for example, who was concerned about fliers her child's school sent home with pupils about a sex offender living in the neighborhood. The offender is the woman's husband and the father of their child. He had been convicted of statutory rape years earlier when the woman was 14 - too young to consent legally - and her husband was around 17. ``She became pregnant and the child was the result,'' Lawlor said. ``I don't think there's a person in the state who thinks it's a good idea for a notice like this to go home with the child. It's an example of a weird outcome no one intended.'' . . . . ``These guys are sex offenders, but they're not sexual predators.''

. . .

The mere threat of community notification can be enough to prevent a couple from reconciling. Susan, for example, said she and her husband worried about the school in her neighborhood distributing fliers showing her husband's picture and listing his address. If it came to that, she said, her husband would not have moved home.

. . . Examples such as these are expected to become the stuff of new debate about reforms proposed for the law. The latest version of the statute created an 11-member committee to study issues related to registration and report findings to the governor. In hearings around the state, sexual assault victims and their advocates took their turn criticizing the law.

. . . .

``For the first time, policy makers have begun to hear the other side of the story,'' said Burns-Smith, of the East Hartford-based victims advocacy group and a member of Ment's committee. . . . Nationwide, 90 percent of children who are sexually assaulted know their assailants, compared with 66 percent of victims age 18 to 29, according to a 1997 U.S. Department of Justice study. Burns-Smith also said the prospect of being branded for life under Megan's Law could make perpetrators more reluctant to plead guilty to sex charges - choosing instead to go to trial. In most cases, the victims then would have to testify.

. . . . .

Proposed legislation incorporates some of the recommendations made by Ment's committee. One measure would give judges some discretion to restrict disseminating a convicted offender's registration information to police, meaning the information would not be posted on the Internet or distributed to neighbors. This restriction would apply if the judge finds this would not expose the public to risk and that public notification would likely reveal the victim's identity.

. . . .

The legislature's judiciary committee will schedule hearings on the governor's bills on Megan's Law. But few expect any changes coming out of this session to be the final word on the law. Ultimately, said Jack Cronan, executive assistant state's attorney, the U.S. Supreme Court likely will take up one of the nation's myriad versions of Megan's Law, when someone challenges the law on the grounds of cruel and unusual punishment or of whether it constitutes double jeopardy.

Editorial: Hartford Courant, Wednesday, Jan. 27, 1999 Time To Tinker With Megan's Law. Connecticut's version of Megan's Law needs fine-tuning. That is especially evident since a list of about 1,400 convicted sex offenders was posted on the Internet this month.

In its present form, the list fails to distinguish between the truly dangerous and those unlikely to cause further harm. It serves more as a curiosity than a helpful tool to inform and educate the public about sexual predators.

The purpose of Megan's Law is to prevent sex crimes and safeguard those who might unknowingly live near a dangerous sex offender. As it stands, the electronic list is a curiosity with the potential to alarm people unnecessarily and even ruin lives.

Judge Aaron Ment, chairman of an advisory committee recommending changes in Megan's Law, concurs that the list is too inclusive. In his opinion, it actually waters down the statute named for Megan Kanka, a New Jersey child killed by a neighbor on parole for a sex offense.

Connecticut's list misuses information because it does not differentiate between a criminal threat and a teenager who had consensual sex with an underage girl. Consequently, it is harder for the public to find information it needs.

Nor does the list take into account the consequences to innocent victims. For example, in the case of incest, revealing the attacker can be tantamount to revealing the victim.

Judge Ment's committee has come up with some savvy suggestions that would clarify this hodgepodge and improve public safety at both ends of the system. Moreover, the proposed changes address the importance of educating the public in how to use the information.

The committee recommends giving judges discretion to exempt certain low-risk sex offenders at the time they are sentenced. They would still have to register with authorities after their release from prison but would not be publicly listed as potentially dangerous. Judges, too, would decide whether a young victim of incest would be harmed by the public identification of his or her attacker.

This is not a softening of the law. Murderers whose motivation was sex but were not charged specifically with sexual assault would be included on the list. So would those convicted of possessing child pornography or of fourth-degree assault, a misdemeanor.

The most sensible strategy for protecting the public from predators is to encourage rehabilitation of offenders. As the committee suggests, any serious attempt to increase the effectiveness of Megan's Law must include proper assessment, treatment and increased supervision of sex offenders before and after their release.

Lawmakers should respond to the committee's thoughtful recommendations by improving this evolving serpent before it does more harm than good.

Abstract: Hartford Courant, Saturday, Jan 16, 1999 Expanded Megan's Law List Urged. By STEPHANIE BRENOWITZ

The Hartford Courant reported that an advisory committee is recommending more crimes be included in the law requiring registration. . . .

In community meetings held by the committee around the state, people said they wanted their police departments or their schools to send them a letter every time a convicted sex offender gets out of  prison and moves nearby.   . . The committee's supported current state guidelines that call for local police to make a case-by-case decision about sending out such notification letters. And it suggested that sex offenders be screened by treatment professionals to determine their level of risk to the community - assessments that could be used to figure out which offenders the community should know about.

The committee also recommended the following:

• Those convicted of possessing child pornography or of fourth-degree sexual assault . . .should be required to register.
• So should those who have been convicted of a felony, such as murder or robbery, in which sex was the motivation. . . .
• A teenager convicted of statutory rape should be excused from the list if the judge determines that the relations were consensual and the offenders are not sexual predators.
• In cases of incest, where the victim could be identified by
  relationship to the attacker, public notification should be suspended if the perpetrator is determined not to be a danger to the community.
• The state should expand its treatment programs in prison and its supervision of sex offenders on probation and parole.
• The public should be educated in preventing child abuse and the limitations of the registry; sex offenders who have not been reported or convicted are not identified and may pose the greatest risk to children.
  

The legislature is scheduled to take up revisions to Megan's Law again this session, even though its last verion of the bill just took effect on Oct. 1.

Abstract: Hartford Courant, Saturday, Jan 2. Web Site Lists Sex Offenders. By FRAN SILVERMAN

The Hartford Courant reports that state police Friday posted pictures, names and addresses on the Internet of residents who were convicted of sexual offenses in the past decade. The site drew more than 1,500 hits in the first eight hours of 1999, Public Safety Commissioner Henry Lee said. The names of about 500 convicted sexual offenders are included. Eventually, 1,700 offenders who have been convicted of crimes ranging from inappropriate touching to rape will be listed.

. . . . The site officially went up Thursday at midnight. Police worked through New Year's Day to add the names of more than 100 offenders who registered Thursday night. Offenders who don't register are subject to additional felony charges. . . .
At registration, DNA samples, photographs and fingerprints of the offenders are taken and stored in a database. Police verify addresses and other information. . . .Police will begin tracking unregistered offenders next week. Debbi Lindsay, president of the Connecticut Chapter of the Megan Nicole Kanka Foundation, said that people can now access the list themselves. . . . .Proponents of the site say it enables parents to show their children pictures of offenders and caution them to keep away. Some parents are pushing for police to notify a community if a convicted sexual offender moves into the area.

Witchunt. . . .Others say the Internet site may do more harm than good.``To me, it's a witch hunt,'' said Katherine Zapadka, director of case management for Reliance House, a Norwich center that treats adults with mental illnesses. ``Do you want to rehabilitate people or scapegoat them? The list leaves people with no hope whatsoever of redemption, and I think that's evil.'' Zapadka said the public does not know the whole history behind a sexual offense or its severity. The web site lists the charges that resulted in convictions, but not the details of the case. While Zapadka agreed that the public should be given information about offenders convicted of repeatedly molesting children, she said other offenders shouldn't be listed.

``Nobody is making the distinction between someone who may have attacked a date in college and someone preying on children for years - and there is a big difference between those groups,'' she said.  She feared for the safety of past offenders who were able to change their ways.

``I can imagine mobs forming and public stonings. Certainly these people will be fired from their jobs or hounded out of them,'' she said.  . . .

. . . .Lee cautioned residents not to panic if they see somebody on the list who lives nearby or whom they know. ``There really is no reason for alarm or to move right away to a different house,'' he said. ``Leave the law enforcement to the law enforcement officers.''

January 30, 1998. MIDDLETOWN, Conn. (AP) - Connecticut residents with Internet access soon will be able to go online and see if there are any convicted sex offenders living nearby. The state police are coordinating the effort, which goes into effect on Friday. Beginning Jan. 1, they will post on the Department of Public Safety's World Wide Web site the so-called Megan's Law list, which includes the names of convicted sex offenders, their addresses, the nature of offense and, in most cases, photos of the perpetrators. . . . .

The list will include the names of 622 sex offenders who already have registered with authorities, as well as those who have been convicted of sex crimes but have not registered, as required by law.

"There could be several hundred who haven't registered. We are hoping these people come forward and register voluntarily," said Henry Lee, director of the state Department of Public Safety, "They have three more days to come forward. If they don't, our detectives will start looking for them," he added.  "Those who don't come forward and register face felony charges. They can be imprisoned up to five years," Chief State's Attorney John Bailey said.

Under the new law, responsibility for keeping track of sex offenders was transferred from local communities to the state police. In addition to the Web site, printed copies of the lists will be available at state police barracks and at local police stations. . . . Fitzgerald said authorities think they will find some of the
unregistered sex offenders after the list goes online. Anyone
convicted of sex crimes ranging from improper touching to rape is required to register. . . .

The state police, in addition to making new photos of those who register for the list, also fingerprint them, and take samples of their blood and DNA. That evidence is stored and used by police investigating unsolved sex crimes.. . . .

Lee noted that there are some 1,700 sex offenders currently in Connecticut prisons. Each of them will be required to register and will be included on the list of sex offenders when released from prison.  . . .

Abstract: List Should Have Been Released. By DAN UHLINGER. (Hartford Courant December 11, 1998*). 

• The state Freedom of Information Commission ruled that Willimantic police should have released a list of sex offenders in August despite an ongoing murder investigation into the death of 11-year-old Angelica Padilla.  A suspect on the list was later arrested and charged with the slaying. The complainants in the case against the FIC argued that the list was compiled not for the purpose of any police investigation but solely to provide the public with information mandated by Megan's Law.

Abstract: Officer Stresses Parent Awareness. By CHRISTINE DEMPSEY (Hartford Courant, Oct. 17, 1998)*

• The Hartford Courant reported that East Hartford Police Commander Robert Kenary is warning community groups against over-reliance on "Megan's Law," which he calls a "false sense of security." Kenary warns that the lists and registries only contain a fraction of the perpetrators who prey on children. He cited two alarming statistics: (1) 95% of children are victimized by people they know; (2) none of the perpetrators arrested in E.H. in the last two years was listed on any registry. Parents would be better advised to carefully watch the people their children associate with. Kenary described the two types of sexual predators, the type that are preferential to children and the type that are situational, or opportunistic. Predators don't focus exclusively on children but do focus on children that come from dysfunctional families. Predators "groom" their victims and gain the trust of their families.

Abstract - Rallying For Tougher Megan's Law By Stephanie Brenowitz. Courant September 21, 1998 *

• The Courant reported that two incidents in Connecticut have inspired local activists to work for an even tougher Megan's Law in Connecticut. The most recent incident was the tragic death of 11-year-old Angelica Padilla of Willimantic who was killed by a neighbor who had been convicted of sexual assault and was registered on the local list at a different address. It was disclosed that last year in Naugatuck a sex offender was found living across the street from an elementary school. In both instances, because no notification was made directly to the community, parents and neighbors did not know that a convicted perpetrator was living in the area. Connecticut's law changed on Oct. 1 to allow for more public disclosure, including an Internet list, but activists argue that the law should be stronger, like the original New Jersey law which requires letter notification.

Legislative History:

• Judiciary Committee Report on AN ACT CONCERNING PERSISTENT SEXUAL OFFENDERS
• Legislative Summary of SB 65, AN ACT CONCERNING PERSISTENT SEXUAL OFFENDERS (219k)
• Legislative Report 98-R-0155. Legislative research done prior to passage of new bill comparing New Jersey and Connecticut's Megan's Laws relating to Community Notification. (229k)
• Legislative Research Report 98-R-0030. Federal sexual offender registration immunity and state law.
• Judiciary Committee Transcript of public session 02/23/98 (91k)
• House Session Transcript for 05/02/98 (floor debate).
• Will probably be codified at Conn. Gen. Stats. § 52-102r, et seq.

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* Full text of abstracted Hartford Courant news stories can be downloaded from the Courant's electronic library for a small fee. WWW.CTNOW.COM