Saturday, February 20, 1999
Sex offender law gets test
Most judges accept state classification
BY SUSAN VELA
The Cincinnati Enquirer
When ruling in cases testing the state's new sex offender law, Kentucky judges are following the state's recommendations.
February was the first month to test new sex offender legislation, which established a public notification system for released sex offenders.
There were only three instances in which judges gave the sex offender a higher or lower designation than what the Kentucky Department of Corrections suggested.
“All we can do is rely on those who have some training in this area,” Kenton Circuit Judge Greg Bartlett said.
According to the new sex-offender law, judges now are being asked to categorize sex offenders as low, moderate or high risks. The various designations determine how much information can be given about them, who can receive it and the number of years the released inmates must report their change of address to law enforcers.
So far this month, 28 sex offenders have been categorized statewide. State corrections officials had results of only 21 this week.. Of those, eight were designated as low-risk, seven as moderate-risk and six as high-risk.
The fact that judges generally adhered to the state's suggestions gives state corrections officials confidence in the risk evaluation they give sex offenders before providing a report to judges.
Their evaluation is based on the inmate's crime and tendencies toward violence, his chances of commiting future crimes, his time in prison and victim statements.
“Most (judges) have been following our recommendation,” said Gary Dennis of the state corrections department and chair of a board that came up with the evaluation process. “It makes me feel good. I think it says our people are doing their job.”
He acknowledges that there is no fool-proof evaluation process for human beings and their behavior. That's why judges should have discretion in whether to follow the state's suggestions, he said.
In Northern Kentucky, there were two cases to test the new law. Judge Bartlett adhered to the state's advice when he designated Roger Tucker as a high-risk sex offender.
Mr. Tucker, 27, had been in jail since 1990 after pleading guilty to a sodomy charge involving a 4-year-old girl.
But Kenton Circuit Judge Doug Stephens went against the state's suggestion when he designated Michael McCoy, 28, of Covington, as a moderate-risk offender. State corrections officials had suggested the high-risk category for Mr. McCoy, who pleaded guilty to statutory rape about two years ago.
The charges stemmed from his having consensual sex with a girlfriend. He thought she was 18. She turned out to be 13. He was 26 at the time.
Judge Stephens has said he considered the low-risk designation for Mr. McCoy but the state's evaluation indicated Mr. McCoy's violent tendencies. He didn't stick with the high-risk category, he said, because he thinks it should be reserved for true sexual predators.
But he still puts stock in the state's evaluation.
“It's valuable, if not essential,” he said.
Every month, about 30 sex offenders are released from jail. Kentucky became the 48th state to adopt a version of the federal “Megan's Law” last year.
The legislation was inspired by Megan Kanka. She was a 7-year-old New Jersey girl who was raped and murdered by a twice-convicted sex offender who lived across the street from her home.
WHAT CATEGORIES MEAN
Categories of sex offenders in Kentucky and notification requirements for each category:
• Low-risk: Personal information including the sex offender's name, age and crime is given to law enforcers and crime victims who want it. For a decade, the sex offender must report any change of address to county sheriff's departments, which are responsible for the notification process.
• Moderate-risk: Has all the consequences of being a low-risk offender plus victims organizations can be notified, too.
• High-risk: The sex offender's release is announced through the news media; his or her address is made public; and the sex offender must report his address for the rest of his life.
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