TRR photo by David Hulse Sullivan County Sheriff Dan Hogue is pictured holding a file of 2001 Sullivan County Level 3 molesters, the most serious offenders in sexual incidents against children. (Click for larger image)

How do you protect your family?

SHORTCOMINGS IN MEGAN’S LAW

By DAVID HULSE

ELDRED — Hearing that a convicted child molester was moving into Highland, Rose Paolini thought local authorities would be able to confirm or deny details under the provisions of state law.

But Paolini and town officials found out that the 1998 Megan’s Law does not necessarily provide this information and that the town would be required to pay for information provided by the state. The rape-murder of seven-year-old Megan Kanka in New Jersey by a convicted child molester whose record was unknown to the family prompted the first registry of convicted molesters developed to notify residents of convicted molesters living in their communities.

Supervisor Allan Schadt said Paolini had asked him to inquire about a former Shohola resident, whose full name Schadt said he never received, who had been imprisoned on charges related to child molestation and was now planning to move back to the area to a residence in Barryville.

From Schadt’s information, The River Reporter (TRR) recalled published accounts of Jonathan Otto Harding, now 35, formerly of Shohola. In 1991 Harding was charged with the first-degree rape of a five-year-old Monticello girl, whom he was babysitting for a friend.

TRR also confirmed that a post office box has been obtained for Harding in Barryville.

But town officials and residents are in the dark.

Town Attorney Andrew Boyar said, following Schadt’s request he called the Sullivan County Sheriff for information he thought would be available under New York’s version of so-called Megan’s Law legislation.

Boyar said the Sheriff’s Department confirmed that it receives information about sex offenders, but said the information is not for public release through the department. Boyar was referred to a state-operated telephone number, 900/288-3838, where inquiries cost 50¢ each. Callers also must provide specific information—date of birth or social security number—about the person they are researching in order to initiate a search.

Saying that people have the right to begin a new life, Boyar expressed concern about the appropriate use of any information the town might acquire.

An operator at the 900 number confirmed to TRR that Harding is on the state registry, but said no “level” determination has been made in his case, so no further information is available.

Sheriff Dan Hogue said released offenders check-in with his office at least monthly, and must notify authorities if they move. Paroled offenders check-in with state parole officers.

Hogue said the New York version of Megan’s Law has shortcomings that need fixing, in that it does not have provisions allowing local police to inform communities or answer resident responses. He said that information available at the 900 number only includes so-called Level 3 molesters, those deemed the most dangerous to the community. An offender’s level is assigned by a court prior to the individual’s release from prison.

Hogue said his office had not been informed about Harding’s whereabouts. “But that’s not unusual. Reports sometimes follow shortly afterward,” he said.

For more information about Megan’s Law in New York State visit www.parentsformeganslaw.com or call 631/689-2672.