Megan's Law
The 1994 Jacob Wetterling Act requires the States to register individuals convicted of sex crimes against children. Sex offender registration laws are necessary because:
- Sex offenders pose a high risk of re-offending after release from custody
- Protecting the public from sex offenders is a primary governmental interest
- The privacy interests of persons convicted of sex offenses are less important than the governments interest in public safety
- Release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety
Community Notification
Megan's Law allows States some discretion in establishing disclosure rules, but all states must create a data base of personal information of registered sex offenders and make it available to the public. On the local level, this information is often at the Police Dept and public access rules vary . Many state will publish a date base on the internet. Be aware that they may not be recent or complete information.
Information disclosed is to be used for public safety purposes only and cannot be used to harass, or commit any crime against any registrant. It is also prohibited to discriminate against registrants for the following:
- Insurance
- Loans
- Specified employment
- Education, scholarships or fellowships
- Housing or accommodations
- Benefits, privileges or services provided by any business establishment
The Landlord dilemma
There is no indication in the law that a landlord must check on status, or disclose information from the registry, however, laws may change and you should check with professional property managers or your apartment association. However, if you do choose to check the status of one applicant you must do this each and every time to avoid charges of discrimination.
Megan's law states that the information on the registry may be used "only to protect a person at risk". It prohibits use of registry information to denying housing to a convicted sex offender. On the other hand, a landlord has a duty to protect residents from known risks and the landlord may be held responsible for criminal acts on leased premises.
Conclusion
The use of convicted sex offender information in screening and eviction is at best unclear. There is potential liability for owners and managers of rental property who either evict or fail to evict known registered sex offenders. We offer no clear solution to the dual responsibilty of protecting tenants from danger and protecting individuals who have paid their debt to society from discriminatory exclusion.
KlassKids Foundation for the protection of the children
There is a state by state data base of all registered sex offenders at Klasskids Foundation. In order to remain current and maintain relevance KlassKids Foundation asks the public to provide updated information that they may have overlooked.
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