New N.C. sex offender laws create tougher penalties

news@thefranklinpress.com

Tougher sex offender laws took effect in the state Dec. 1, 2008, after the General Assembly passed HB933, or "The Jessica Lunsford Act for North Carolina."

The legislation is in response to several states following in Florida's footsteps - legislators there passed the act after 9 year-old Jessica Lunsford (born in Gastonia) was abducted from her Homosassa home in February 2005 and then raped and murdered by a convicted sex offender who lived nearby.

A federal version of the law has also been instituted, prompting states to pass legislation to bring their laws more in line with the federal guidelines.

In North Carolina, two criminal offenses have been created by the legislation. The first: A person at or over the age of 18 convicted of intercourse with a victim less than 13 years old would either be sentenced to life imprisonment or 25 years mandatory active prison time followed by satellite-based monitoring for life. The second: Any person at age 18 or older convicted of engaging in a sexual act with a child under the age of 13 would receive one of the same punishments.

The new state laws require those convicted of certain sex crimes to be registered for 30 years instead of the previously required 10 years, though offenders can petition the court for a shorter registration period after 10 years have passed.

Distance requirements also stipulate that registered offenders not be within 300 feet of any place where children gather, including schools, playgrounds and shopping centers.

Previously, convicted sex offenders had 10 days to register after their conviction or change of address. The new law cuts that down to 3 business days.

In almost every instance, varying degrees of sex crimes have been elevated one level higher for sentencing purposes, making punishments harsher.

Macon County Sheriff Robert Holland says the stricter laws and procedures have not caused his office any problems.

"Prior to these laws going into effect, Det. Amy Stewart who oversees the sex offender registry system here received in-service training and she's up to date on the new requirements," he said.

While Holland said the public should be very well aware of sex offenders living in thier community, the ones not on it are a graver danger.

"People have this misconception that if they know who's on the sex offender list their kids are safe," he said. "But the truth of the matter is that the ones that aren't on there - the ones that haven't been caught and convicted - that's what parents should be even more vigilant about."

While there are registrants who committed sex crimes against adults, Holland said 98 percent of the 31 registered offenders were convicted for sex crimes against children.

Asked if each one on the registry could be considered a threat Holland said this:

"They are all on there for a reason," he said. "They were convicted for crimes against people and children. The registry is just another step in making sure that our community is safe."

Macon County Schools superintendent Dan Brigman says the school board has adopted policies to be in line with the new sex offender laws.

Registered sex offenders whose victims were under the age of 16 are not allowed on school grounds or at school functions. There are special exceptions for parents or guardians of children who may be a registered offender, but those exceptions require prior notification.

So far, the new laws have not caused any complications for the schools.

"If we have an instance of a registered sex offender showing up on our campuses we call 911 and turn it over to the authorities," Brigman said.

Recently, the state announced an additional layer of protection for the public through the North Carolina Statewide Automated Victim Assistance and Notification Program (NC SAVAN).

According to a release form the North Carolina Department of Crime Control and Public Safety, in addition to getting an automated phone call or e-mail when a sex offender is scheduled for court or has a change in custody, now the victim is notified by phone when changes occur in the status of a specific registered sex offender within the N.C. Sex Offender Registry. For example, a victim can receive a notification when any registered sex offender moves within a specified zip code.

"While the state Department of Justice offers e-mail notifications through its sex offender registry program, these expanded telephone notifications are an important piece in safeguarding victims of sexual assault and our children," said Governor's Crime Commission Chairman Linda Hayes. "Many North Carolinians don't have access to computers."

The N.C. sheriffs, the N.C. Department of Correction and the N.C. Court System's district attorneys provide offender custody status and court case events to NC SAVAN.

Phone notification in English or Spanish is accessible through www.ncsavan.org or through a toll-free number, 1-877-NCSAVAN, which is supported by a live operator 24 hours a day, seven days a week. More than 220,000 people have registered for this service since mid October.

Last year, 1.7 million searches were conducted using the NC SAVAN website or through the automated phone center. During a four-year period, the NC SAVAN program provided 2.8 million automated phone or e-mail notifications to registered individuals.

The NC SAVAN program started in North Carolina in 1998 following the passage of the NC Crime Victims' Rights Act. Of the 43 states with a similar program, North Carolina was one of the first to offer statewide automated information and notification services.

"For the past ten years, the Governor's Crime Commission has ensured that victims of crime get the help they need to transcend their trauma and move forward with their lives," said Hayes. "Supporting the NC SAVAN program is a critical piece in achieving our mission to serve victims, victim service providers and criminal justice partners."

The Governor's Crime Commission administers federal Victims of Crime Act funding (VOCA) to the NC SAVAN program. The latest enhancement to NC SAVAN was paid for through a grant from the Bureau of Justice Assistance.

"This new tool gives North Carolinians another way to learn when an offender moves nearby so that families can plan for their safety," said Attorney General Roy Cooper.

People can also continue to visit the Sex Offender Registry web site, available at www.ncdoj.gov, to search for convicted sex offenders in their community, view maps and aerial photographs that show offenders' home addresses, and sign up to get e-mail alerts about offenders in their area.

See pages 8A and 9A for a current list of registered sex offenders in Macon County.