“This Individual May or May Not Be on the Megan’s Law Registry”

To examine the unique experiences of reentry for those with a sex offender label, this chapter presents an in-depth case study of “Tony,” who pled guilty to statutory sexual assault at age nineteen. It follows his twelve-year path through the system, highlighting its key features, most notably that the state parole agency did not distinguish between registered and non-registered parolees. Tony was effectively labeled a child molester and subject to draconian restrictions upon where he could live and work; who he could associate with; and what technology he could possess. This has led to a cycle of parole revocations and reincarcerations that may have embedded him permanently in the system. His experiences with parole conditions including compulsory treatment, housing, employment, and social support are reviewed. Implications for the overbroad application of sex offender restrictions are discussed.

Conclusion

The conclusion traces the expansion of the child safety regime in the George W. Bush and Barack Obama years, looking specifically at the global reach of this regime through the 2003 PROTECT Act, the 2006 Adam Walsh Act, and the International Megan’s Law implemented in 2016. It reveals the continuities between the country’s major political parties on matters of child safety and criminal justice while also analyzing various forms of resistance against the child safety regime and mass incarceration—namely the “free range” movement, the Right on Crime initiative, and the popular cultural push to “humanize” those deemed sex offenders. In closing, the conclusion charts a path for dismantling the child safety regime and the carceral state.

International Megan's Law as Compelled Speech

“The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).” International Megan’s Law (IML), passed in 2016, prohibits the State Department from issuing passports to individuals convicted of a sex offense against a minor unless those passports are branded with this phrase. The federal government's decision to brand its citizens’ passports with this stigmatizing message is novel and jarring, but the sole federal district court to consider a constitutional challenge to the passport identifier dismissed the plaintiffs’ First Amendment claim, deeming the provision government speech. This Note argues that this passport identifier is more appropriately analyzed as a form of compelled speech, triggering strict scrutiny review that the IML’s passport identifier would not survive.

Living Arrangements for Sex Offenders in Ohio: Effects of Economics, Law, and Government Assistance Programs

Throughout the United States, Sex Offender Registration and Notification (SORN) laws have created housing issues for registered sex offenders (RSOs). As a result of SORN, many RSOs may need to rely on family members for their housing needs. This study, drawing on data from 188 adult male RSOs in Ohio, focused on two separate SORN laws (i.e., Megan’s Law and the Adam Walsh Act). The findings suggest that neither law influences RSOs’ living with family members. However, the results did conclude that an RSO’s income, receipt of government assistance, or being on probation/parole predicted the odds of living with family members. Policy implications of such findings are discussed.

Megan’s Law 20 Years Later: An Empirical Analysis and Policy Review

This present study examines the sexual and general recidivism rates of 547 convicted sex offenders released before and after the enactment of Megan’s Law in New Jersey. Presenting the longest Megan’s Law evaluation, participants were followed for an average of 15 years after release (range = 10-29 years). Bivariate and multivariate logistic regression equations were estimated to identify covariates significantly associated with both sexual and general recidivism. Group-based trajectories of general recidivism within the 10 years post–prison release were also estimated and compared according to pre–Megan’s Law and post–Megan’s Law release status. No differences in recidivism rates were noted between the cohorts, but differences emerged in the offending trajectories of the high-risk group of offenders within 10 years of release. These results highlight the lack of impact that sex offender registration and notification (SORN) laws have on sexual and general reoffending rates postrelease.

Megan's Law and Durkheim’s Perspective of Punishment: Retribution, Rehabilitation or Both?

<p>The victimization of Adam Walsh, Jacob Wetterling and Megan Kanka has been instrumental in designing sex offender laws. Registration and Community Notification Laws (RCNLs) are informally known as Megan’s Law (Terry 2011.) This paper explores sex offender legislation from the Durkheimian framework of retribution versus rehabilitation. In this paper I attempt to answer the research question: Does sex offender legislation respond to the diluted stance of punishment, which Durkheim envisioned is characteristic of modern societal sentiments (rehabilitation replacing retribution)? Why or why not? I first outline a brief history of sex offender legislation, followed by a discussion of select characteristics of societies that exhibit retributive and rehabilitative justice. Based on scholastic evidence presented in this paper, I conclude the punitive tendencies of current sex offender legislations are more retributive than rehabilitative. Current policies do not conform to the progress of punishment which Durkheim envisioned is concomitant to social evolution, and in many ways, demonstrates taking a step backwards.</p>