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Abstract: 

Megan’s Law has been in place for many years and sexual offenders are increasingly requesting removal from it as they age and reach the point at which they are eligible. For courts and corrections, attorneys and evaluators working on such cases, there are legal and clinical factors to consider. This article examines the legal and regulatory conditions that govern eligibility, as well as the psychosexual forensic factors that must be evaluated as part of virtually all removals. The authors pay particular attention to factors affecting recidivism and desistance, and find that some, like failure to register, in fact have very little value in predicting recidivism, while others including criminal offenses of a non-sexual nature, can indeed suggest a higher likelihood of re-offending sexually. Helpful sidebars include a brief guide to “understanding recidivism calculations,” tables summarizing “Static-99R Score Categories” and “Decline in Risk Level Based on Initial Static-99R Score and Years Sexual Offense-Free in the Community.”

Keywords: Federal Tiering Classification System; Sex Offender Release and Notification Act (SORNA); Desistance and Risk

Affiliations:  1: Associates in Psychological Services, P.A.; 2: Benedict and Altman; 3: Somerset Psychological Group, P.A..