2006 Adam Walsh Act: Creating Consistency in State Sex Offender Registry Sites

By Leslie Meredith

Over the next year, online sex offender registries will change—some dramatically—as states meet the deadline for compliance with the Adam Walsh Act (2006). This act sets a national standard for determining which sex offenders are included in the registry and which pieces of information must be disclosed to the public. Today, public sex offender registries vary from one state to another. By mid 2009, state registries will show a significantly higher level of consistency.

All states are required to have a comprehensive sex offender registry for law enforcement and release sex offender information to the public under The Jacob Wetterling Act and Megan’s Law, two federal laws passed in the 1990’s. The online public registry is a subset of the complete registry. It may include only offenders who have been convicted of more serious sex crimes, only certain facts from offender files, and may or may not include community education and safety links.

To further complicate the issue, each state has their own statutes that determine the crimes for which an offender qualifies for inclusion in the online registry. Some states include all sex offenders, some only those designated as high risk. And, state laws determine what information will be posted for each sex offender from the information available in the complete registry.

These inconsistencies will be reduced and public information will increase in most cases as states adapt their sex offender programs and registries to comply with the Adam Walsh Act. The act will also broaden the range of offenses that fall under sex crimes, like attempts to commit the covered offenses and possession of child pornography. Sex offenders will be divided into three tiers based on the severity of the crime, and will be required to remain on the registry and verify their information on a prescribed schedule based on these tiers.

Understanding the Tiers and Requirements
The Tiers are based on severity of the crime, but also impose a higher level designation on a second offense.

Tier I
In general, these are misdemeanor offenders serving less than a one year sentence
Length of Registration: 15 years
Verification: Annually

Tier II
Intent crimes that are sexual in nature, crimes that involve children in performances or pornography, sexual contact if the victim is 13 or over, and the second offense of a Tier I offender.
Length of Registration: 25 years
Verification: Every six months

Tier III
Contact crimes like forcible felony sex crimes, sexual contact if the victim is under 13, kidnapping of a minor, and a second offense of a Tier II offender.
Length of Registration: Life
Verification: Every three months


The Adam Walsh Act Requirements
Each state’s sex offender registry site must include the following 6 items:

1. All offender information other than:

• Identity of victim
• Social Security # of offender
• Arrests that did not result in conviction
• Other by Attorney General’s discretion
  

Optional:

• Tier I offenders
• Name of offender’s employer
• Name of school where offender is a student
• Other by Attorney General’s discretion

2. A one-step search by zip code or within a specified geographic radius

3. Search criteria compatible with the National Sex Offender Database

4. Safety and educational links

5. A method to submit corrections on information believed to be in error

6. A warning to the public against the misuse of sex offender information

As states begin to comply with the Adam Walsh Act, a standard will be set across the country for public access to sex offender information. Already, certain states have gone above and beyond the standard by offering an electronic identification search, instituting a risk assessment program with posted results, and including offenders convicted of any violent crime against a minor. The Adam Walsh Act means more consistency across all states and more information for the public.

©2003 – 2008 TopTenREVIEWS, Inc.