Tuesday, February 02, 1999
Sex-offender notification law needs work
Ky. grapples with who should bear label
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — In one case, a 26-year-old man had consensual sex with his girlfriend, a 13-year-old.
In the other, an 18-year-old youth raped and sodomized a 4-year-old girl staying at his mother's house.
The circumstances differ, but each case, being heard this week in Kenton Circuit Court, offers a test of Kentucky's new sex-offender law.
Politicians and criminal justice officials in Northern Kentucky acknowledge 1998 legislation establishing a public notification system for released sex offenders needs more work. It took effect in mid-January.
“The main purpose of the legislation is to get at people who are sexual predators, especially young people, who are a menace to society,” said state Rep. Tom Kerr, D-Taylor Mill. But “we could go back to say (that the law) does not apply to certain type of sexual offenses.”
The law requires public notification — and a designation of low-, moderate- or high-risk offender — when those convicted of sex crimes are released from prison.
Mr. Kerr acknowledged some discomfort in the fact one of the first cases involved a gray area of boyfriend/girlfriend.
Michael S. McCoy, now 28, pleaded guilty to statutory rape about two years ago. He had a girlfriend then and was having sex with her. He said he thought his girlfriend was 18, but she turned out to be was 13.
Mr. McCoy was to walk away from prison life Monday night — but not before a special hearing before Kenton Circuit Judge Doug Stephens, who decided to designate Mr. McCoy as a moderate-risk offender.
A state Department of Corrections employee who testified suggested a high-risk designation because of test scores that indicated Mr. McCoy's tendencies toward violence.
Judge Stephens, though, stressed that another test indicated he wasn't likely to commit another sex offense. He said he even considered a low-risk designation until he learned of Mr. McCoy's violent tendencies.
He also explained that giving Mr. McCoy a high-risk designation could lead to the designation meaning nothing. There
are plenty of worse offenders, and for Mr. McCoy to be lumped with them would lessen the significance of the high-risk category, he said.
Employees with the Kenton County Sheriff's Office and the Commonwealth Attorney's office said the new legislation is not specific about what should be done in some circumstances. For example, what should the sheriff's office do if a sex offender appeals his moderate- or high-risk designation?
“I would anticipate that in the next legislative session they will go back to work out many of the details that are now lacking,” said Don Buring, Kenton Commonwealth Attorney. “There are (a) multitude of things that need to be addressed. There's no question about it.”
He and other criminal justice officials are concerned about the fact that out-of-state offenders will not be subject to the new legislation.
But “it's difficult to think of every circumstance or situation that may arise when legislation is drafted,” he said.
Meanwhile, Roger Tucker, 27, will have a similar hearing Friday before Kenton Circuit Judge Greg Bartlett.
He pleaded guilty to second-degree rape and sodomy of a 4-year-old in 1990.
Court documents state that he committed the sex offenses on a 4-year-old girl who was staying at his mother's house. Department of Corrections officials are suggesting a high-risk designation.
Last year, Kentucky became the 48th state to adopt a version of the federal “Megan's Law,” which requires public notice when sex offenders are released from prison.
The legislation was inspired by Megan Kanka, a 7-year-old New Jersey girl who was raped and murdered by a man who lived across the street from her home. He was a twice-convicted sex offender.
Kentucky's version requires sheriff's departments to publicize information about the convicted sex offenders to victims, other law enforcement agencies, social service agencies and anyone who asks to be notified.
The data could include aliases, addresses, hair and eye color, vehicle registration information and their pictures. When it comes to high-risk offenders, sheriff's offices are required to broadcast the information to media outlets.
After Monday's hearing, Mr. McCoy had his picture taken for the public notification system.
Statewide, 28 sex offenders comprise the first cases to test the new law. A state advisory board is suggesting high-risk designations for 28.5 percent of them.
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