The Forensic Nurse

Background on the National Sex Offenders Registry Our Crimes Against Children Unit at FBI Headquarters coordinated the development of the National Sex Offenders Registry (NSOR) and continues to lead its implementation.

The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 (Lychner Act) required the Attorney General to establish a national database at the FBI to track the whereabouts and movements of certain convicted sex offenders under Title 42 of the United States Code Section 14072. The National Crime Information Center (NCIC) run by the FBI enables the NSOR to retain the offender’s current registered address and dates of registration, conviction, and residence.

The Lychner Act imposed two major obligations on the FBI that became effective October 3, 1997:

1. To establish a national database that tracks the location and movements of each person who has been convicted of a criminal offense against a victim who is a minor, has been convicted of a sexually violent offense, or is a sexually violent predator.

2. To register and verify the addresses of sex offenders who reside in states without a “minimally sufficient” sex offender registry (SOR) program. Today, all 50 states have minimally sufficient SOR programs.

Under the Act, the FBI may release relevant information to federal, state, and local criminal justice agencies for law enforcement purposes only. Public notification will only be made if it is necessary to protect the public. However, the Act specifically states that in no case shall the FBI release the identity of any victim of an offense that required registration of a sex offender.

The legislation also made it a criminal offense for a registered sex offender to move to another state and knowingly fail to notify the FBI and authorities in the new state. Notification to the FBI and state authorities must be made within 10 days upon moving to a new state and/or establishing residence following release from prison or placed on parole, supervised release, or probation. Upon release, each sex offender is notified of their lawful duty to register with the FBI and appropriate local authorities.

The Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Program, enacted in 1994, provides a financial incentive for states to establish registration programs for persons who have been convicted of certain sex crimes.

Megan’s Law, enacted in May 1996, amended the Wetterling Program legislation to give states broad discretion to determine to whom notification should be made about offenders, under what circumstances, and about which offenders.

Earlier we wrote about a Child sexual abuser detection test writen by Abel Screening to help identify those who had possibly commited (or interest) in sexually assaulting a child.

We got a few inquiries about where the name came from, so I thought we could share the story from the DianaScreen.com website.

“Diana, a beautiful and talented girl, spent her first seven years in foster care and group homes.

Starting at age five, or perhaps even earlier, she was severely sexually abused. When she was seven, she was adopted by a very loving family and under their care she thrived and became an accomplished gymnast. She was artistic, resourceful and popular. In high school she made many of her own clothes and wrote an advice column for the student paper.

Diana didn’t talk about her abuse until she became a teenager. Her mother contacted the foster care psychiatrist to report the abuse. This physician expressed her doubt about Diana’s story stating, “That is impossible, I have known this man for years. You know, children lie.” A short while later, the man who abused Diana phoned the family and confirmed that Diana spoke the truth about the abuse. He wanted to talk to Diana; he wanted to apologize. Diana’s mother said “no” and changed the phone number.

Diana’s parents did everything they could to help her heal from her past. No amount of love or therapy could bring back the self-esteem the person who abused her stole from her.

Even with her strong will to overcome her childhood trauma, Diana and her family suffered a final tragedy when she ended her own life.

The person who abused Diana, in addition to being the man who supervised the children overnight in the foster care group home, was a family man and a father. Had this man been screened, Diana and countless other children from that group home might have been saved from ever knowing the horror of sexual abuse.”

Like most of the laws and systems we have in place, The Diana Screen, came about from tradgedy just like Megans Law and  Amber Alerts.

On Friday July 29, 1994, 7-year old Megan Nicole Kanka disappeared. She was promised to see a puppy, her neighbor, Jesse Timmendequas, lured her into his home where he raped, strangled and suffocated her. Her body was stuffed into a plastic toy chest and dumped in a nearby park.

Jesse Timmendequas a two time registered sex offender lived in a home nearby with two other sex offenders that he had met in prison.

Officially Megans Law is known as the Sexual Offender (Jacob Wetterling) Act of 1994 . This law mandates that persons convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from custody (prison, psychiatric facility). The notification requirement may be imposed for a fixed period of time - usually at least ten years - or permanently. 

The Adam Walsh Child Protection and Safety Act supplements Megan’s Law with new registration requirements and a “three-tier” system for classifying sex offenders according to their risk to the community. This teiring system helps to classify better those who may be more likely to repeat offend.