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J Am Acad Psychiatry Law 36:1:117-122 (2008)
Copyright © 2008 by the American Academy of Psychiatry and the Law.
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ANALYSIS AND COMMENTARY

NGRI and Megan's Law: No Exit?

Kenneth J. Weiss, MD and Clarence Watson, JD, MD

Dr. Weiss is in the private practice of forensic psychiatry in Bala Cynwyd, PA, and is Clinical Professor of Psychiatry, UMDNJ-Robert Wood Johnson Medical School, Camden, NJ. Dr. Watson is Assistant Professor of Psychiatry and Associate Director of Residency Training, Department of Psychiatry and Human Behavior, Jefferson Medical College, Thomas Jefferson University, Philadelphia, PA. Address correspondence to: Kenneth J. Weiss, MD, Two Bala Plaza, Suite 300, Bala Cynwyd, PA 19004. E-mail: kweiss{at}comcast.net

Megan's Law, an effort to enhance community safety by requiring sex offenders to register and to notify their communities, often for life, has been enacted in all jurisdictions of the United States. Although the ostensible intent of the law is nonpunitive, many registrants feel it infringes on their freedom. Nevertheless, the law has passed constitutional scrutiny. Megan's Law pertains principally to convicted sex offenders, including those adults and juveniles who have entered guilty pleas. This article reveals that many jurisdictions require individuals found not guilty by reason of insanity (NGRI) to register if the offense in question falls under Megan's Law. Thus, insanity acquittees run the risk of interminable supervision. We discuss a recent challenge to the Arkansas registration law and the decision's implications for planning forensic mental health testimony.







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Copyright © 2008 by the American Academy of Psychiatry and the Law.