I am in a disgruntled state of shock!
I've been receiving a lot of phone calls lately from different
government officials about my unique situation. Apparently,
they are preparing for Mr. Smith's civil confinement trial that
is scheduled to take place in the middle of May 2010. A
psychiatrist has evaluated him and has deemed him to have a
mental illness that causes him to be a sexual offender. He has
been moved to a mental health facility near Utica, NY so he can
start his treatment for his mental illness. The trial in May will
be where the final decision is made by the NY Supreme Court
about whether or not he does indeed have a mental illness. If
they agree that he does have a mental illness that causes him to
be a sexual offender then 1 of 2 things could happen.
1. They could decide that, although he has a mental illness, he is
safe to live in the public as long as he is supervised by parole.
He might even be made to wear a GPS ankle bracelet but that is
a pretty slim chance. Who will pay for it?
2. They could decide that he is too dangerous to live amongst
the public and be sent back to the mental health facility for
These are the only two options that are ok with me. The third
option is, the Judge / Jury doesn't agree with the earlier
psychiatrist and they think he does NOT have a mental illness,
which is totally probable. I was told that he has always received
a "clean bill of health" for mental illness while in prison so why
would they change it now?
3. They disagree and declare he does NOT have a mental illness
that causes him to be a sexual offender. Then, he walks free.
Well, almost. He still has to register as a violent sex offender,
W R O N G ! ! !
Since he was convicted in 1991, he does not fall under Megan's
Law. Megan's Law is named after seven-year-old Megan Kanka,
a New Jersey girl who was raped and killed by a known child
molester who had moved across the street from the family without
their knowledge. In the wake of the tragedy, the Kankas sought to
have local communities warned about sex offenders in the area.
All states now have a form of Megan's Law.
There are three levels of sex offenders under Megan's Law.
Level 1means the court has determined there is a low risk that
the offender will commit another sex crime.
Level 2 means the court has determined there to be a moderate
risk of the offender committing another sex crime.
Level 3 means the court has determined there to be a high risk
for the offender to committ another sex crime.
If a level 2 or a level 3 sex offender moves into your
neighborhood, you will be notified, but if a level 1 offender
moves into your neighborhood you won't be. If you want
information about a level 1 offender, you have to go down to
your local police station and request it. As required by law, the
DCJS, Division of Criminal Justice System, can only provide
information on level 2 and level 3 offenders on their website.
Since Mr. Smith was convicted before Megan's Law was passed
he can only be made to register as a level 1 sex offender. That
means that he could move in right next door to me and I would
never know it. No one would. Even if I did know it, I could do
nothing about it. There will be no restraining order against him.
I feel violated all over again!