ASSEMBLY, No. 738

STATE OF NEW JERSEY

213th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION

 


 

Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Camden)

Assemblywoman PAMELA R. LAMPITT

District 6 (Camden)

Assemblyman BRIAN E. RUMPF

District 9 (Atlantic, Burlington and Ocean)

 

Co-Sponsored by:

Assemblymen Vas, Van Pelt, Coutinho, E.Munoz and Assemblywoman N.Munoz

 

 

 

 

SYNOPSIS

†††† Requires the State Police to establish a recently relocated offenders section within the Meganís Law sex offender Internet registry.

 

CURRENT VERSION OF TEXT

†††† Introduced Pending Technical Review by Legislative Counsel

††


An Act concerning community notification and amending P.L.1994, c.128.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.† Section 2 of P.L.1994, c.128 (C.2C:7-7) is amended to read as follows:

†††† 2.† a. After receipt of notification and registration pursuant to P.L.1994, c.133 (C.2C:7-1 et al.) that a person required to register pursuant to that act intends to change his address, the chief law enforcement officer of the municipality to which the person is relocating shall provide notification of that relocation to the community pursuant to section 3 of this act.† If the municipality does not have a police force, the Superintendent of State Police shall provide notification.

†††† b.† If the individual registration record for the person required to register who is relocating is publicly available on the Internet registry established pursuant to section 2 of P.L.2001, c.167 (C.2C:7-13) at the time the person provides notification of that relocation, that record shall be displayed in the Internet registry in a separate section accessible to the public established for the purpose of displaying individual registration records of relocated persons for whom notification to the affected community is pending, except that the record shall be modified to reflect the personís change of address.† Such record shall be displayed in the recently relocated offenders section established pursuant to subsection h. of section 2 of P.L.2001, c.167 (C.2C:7-13) immediately upon the personís relocation to the changed address, and shall be removed from that section upon receipt of confirmation that notification has been provided to the community pursuant to P.L.1994, c.128 (C.2C:7-6 et seq.) or that such notification is not required.† The Attorney General shall incorporate procedures into the guidelines established pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8) to provide for notice to the community to which the person is relocating of the availability of relevant risk information on the Internet registry during the pendency of notification to the community pursuant to P.L.1994, c. 128 (C.2C:7-6 et seq.).

(cf: P.L.1994, c.128, s.2)

 

†††† 2.† Section 3 of P.L.1994, c.128 (C.2C:7-8) is amended to read as follows:

†††† 3.† a.† After consultation with members of the advisory council established pursuant to section 6 of this act and within 60 days of the effective date, the Attorney General shall promulgate guidelines and procedures for the notification required pursuant to the provisions of this act.† The guidelines shall identify factors relevant to risk of re-offense and shall provide for three levels of notification depending upon the degree of the risk of re-offense.

†††† b.† Factors relevant to risk of re-offense shall include, but not be limited to, the following:

†††† (1)† Conditions of release that minimize risk of re-offense, including but not limited to whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision;

†††† (2)† Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness;

†††† (3)† Criminal history factors indicative of high risk of re-offense, including:

†††† (a)† Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;

†††† (b)† Whether the offender served the maximum term;

†††† (c)† Whether the offender committed the sex offense against a child;

†††† (4) Other criminal history factors to be considered in determining risk, including:

†††† (a)† The relationship between the offender and the victim;

†††† (b)† Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury;

†††† (c)† The number, date and nature of prior offenses;

†††† (5)† Whether psychological or psychiatric profiles indicate a risk of recidivism;

†††† (6)† The offender's response to treatment;

†††† (7) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and

†††† (8)† Recent threats against persons or expressions of intent to commit additional crimes.

†††† c.† The [regulations] guidelines shall provide for three levels of notification depending upon the risk of re-offense by the offender as follows:

†††† (1)† If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified;

†††† (2)† If risk of re-offense is moderate, organizations in the community including schools, religious and youth organizations shall be notified in accordance with the Attorney General's guidelines, in addition to the notice required by paragraph (1) of this subsection;

†††† (3)† If risk of re-offense is high, the public shall be notified through means in accordance with the Attorney General's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by paragraphs (1) and (2) of this subsection.

†††† d.†† In order to promote uniform application of the notification guidelines required by this section, the Attorney General shall develop procedures for evaluation of the risk of re-offense and implementation of community notification.† These procedures shall require, but not be limited to, the following:

†††† (1)† The county prosecutor of the county where the person was convicted and the county prosecutor of the county where the registered person will reside, together with any law enforcement officials that either deems appropriate, shall assess the risk of re-offense by the registered person;

†††† (2)† The county prosecutor of the county in which the registered person will reside, after consultation with local law enforcement officials, shall determine the means of providing notification.

†††† e.† The Attorney General's guidelines shall provide for the manner in which records of notification provided pursuant to this act shall be maintained and disclosed.

†††† f.† The Attorney Generalís guidelines shall set forth a procedure for providing notice to an affected community of the availability of relevant risk information on the Internet registry concerning persons who relocate to that community and whose individual registration records are publicly accessible on the Internet registry established pursuant to section 2 of P.L.2001, c.167 (C.2C:7-13).† Such procedure shall be designed to make community organizations and members of the public in the affected community aware of the availability of information pertaining to a Meganís Law registrant who relocates to the community, and that such information may be viewed in the recently relocated offenders section of the Internet registry established pursuant to subsection h. of section 2 of P.L.2001, c.l67 (C.2C:7-13). The notice provided under such procedure shall not disclose any specific information concerning the person or the individual registration record, but may refer to the specific Internet location of the individual registration record pertaining to that person.† The procedure shall also provide a means for persons in the affected community who do not have access to the Internet to obtain or view the relocating personís individual registration record information.

(cf: P.L.1994, c.128, s.3)

 

†††† 3.† Section 2 of P.L.2001, c.167 (C.2C:7-13) is amended to read as follows:

†††† 2. a. Pursuant to the provisions of this section, the Superintendent of State Police shall develop and maintain a system for making certain information in the central registry established pursuant to subsection d. of section 4 of P.L.1994, c.133 (C.2C:7-4) publicly available by means of electronic Internet technology.

†††† b.††† The public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning all offenders whose risk of re-offense is high or for whom the court has ordered notification in accordance with paragraph (3) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8), regardless of the age of the offender.

†††† c.†††† Except as provided in subsection d. of this section, the public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning offenders whose risk of re-offense is moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8).

†††† d.††† The individual registration record of an offender whose risk of re-offense has been determined to be moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8) shall not be made available to the public on the Internet registry if the sole sex offense committed by the offender which renders him subject to the requirements of P.L.1994, c.133 (C.2C:7-1 et seq.) is one of the following:

†††† (1)†† An adjudication of delinquency for any sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2);

†††† (2)†† A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 under circumstances in which the offender was related to the victim by blood or affinity to the third degree or was a resource family parent, a guardian, or stood in loco parentis within the household; or

†††† (3)†† A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 in any case in which the victim assented to the commission of the offense but by reason of age was not capable of giving lawful consent.

†††† For purposes of this subsection, "sole sex offense" means a single conviction, adjudication of guilty or acquittal by reason of insanity, as the case may be, for a sex offense which involved no more than one victim, no more than one occurrence or, in the case of an offense which meets the criteria of paragraph (2) of this subsection, members of no more than a single household.

†††† e.†††† Notwithstanding the provisions of paragraph d. of this subsection, the individual registration record of an offender to whom an exception enumerated in paragraph (1), (2) or (3) of subsection d. of this section applies shall be made available to the public on the Internet registry if the State establishes by clear and convincing evidence that, given the particular facts and circumstances of the offense and the characteristics and propensities of the offender, the risk to the general public posed by the offender is substantially similar to that posed by offenders whose risk of re-offense is moderate and† who do not qualify under the enumerated exceptions.

†††† f.†††† The individual registration records of offenders whose risk of re-offense is low or of offenders whose risk of re-offense is moderate but for whom the court has not ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8) shall not be available to the public on the Internet registry.

†††† g.†††† The information concerning a registered offender to be made publicly available on the Internet shall include: the offender's name and any aliases the offender has used or under which the offender may be or may have been known; any sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) for which the offender was convicted, adjudicated delinquent or acquitted by reason of insanity, as the case may be; the date and location of disposition; a brief description of any such offense, including the victim's gender and indication of whether the victim was less than 18 years old or less than 13 years old; a general description of the offender's modus operandi, if any; the determination of whether the risk of re-offense by the offender is moderate or high; the offender's age, race, sex, date of birth, height, weight, hair, eye color and any distinguishing scars or tattoos; a photograph of the offender and the date on which the photograph was entered into the registry; the make, model, color, year and license plate number of any vehicle operated by the offender; and the street address, zip code, municipality and county in which the offender resides.

†††† h.† The Internet registry shall include a separate section, designated as the recently relocated offenders section, which temporarily sets forth the individual registration records of any person required to register who changes his address and whose individual registration record which lists the personís prior address has been made publicly available on the Internet registry pursuant to subsections b., c. or e. of this section.† An individual registration record displayed in the recently relocated offenders section for any such person shall include the risk of re-offense as had been determined prior to the personís relocation but shall be amended to reflect the changed address.† Such record shall be maintained in this separate section until receipt of confirmation that notification has been provided to the community pursuant to P.L.1994, c.128 (C.2C:7-6 et seq.) or that such notification is not required.† This section shall be accessible to the public and shall include for each person listed the information set forth in subsection d. of this section, and shall contain a statement advising the public that it is established for the purpose of displaying individual registration records of persons who have relocated to a new address for whom notification to the new community is pending.† The display of an individual registration record in the recently relocated offenders section shall be temporary only and shall be in addition to, and not serve as a substitute for or require amendment to, display of the information required to be made available to the public on the Internet registry pursuant to this section as ordered by the court.

(cf: P.L.2004, c.151, s.1)

 

†††† 4.† This act shall take effect on the first day of the sixth month after enactment, provided that the Attorney General and Superintendent of the State Police may take such anticipatory actions as may be necessary to effectuate the purposes of this act.

 

 

STATEMENT

 

†††† This bill would amend Meganís law, N.J.S.A.2C:7-1 et seq., to require the State Police, which maintains the sex offender registry, to establish and maintain a new offenders section within the sex offender Internet registry to be known as the recently relocated offenders section.

†††† Under the provisions of the bill, N.J.S.A.2C:7-13 would be amended to provide that this new registry section would temporarily set forth the registration records of any person required to register who changes his address and whose individual registration record, which lists the personís prior address, has been made publicly available on the Internet registry. An individual registration record displayed on the recently relocated offenders section would include the risk of re-offense as had been determined prior to the personís relocation but shall be amended to reflect the changed address. Such record would be maintained in this separate section until receipt of confirmation that notification has been provided to the community pursuant to Meganís law or that such notification is not required.

†††† This new offender registry section would be accessible to the public and would contain a statement advising the public that it is established for the purpose of displaying individual registration records of persons who have relocated to a new address for whom notification to the new community is pending. The display of an individual registration record in this new section would be temporary only and would be in addition to, and not serve as a substitute for or require amendment to, display of the information required to be made available to the public on the Internet registry.

†††† The bill also amends N.J.S.A.2C:7-7 and N.J.S.A.2C:7-8 to direct the Attorney General to amend the Meganís law guidelines to establish procedures by which the new community could be made aware of the availability of relevant risk information on the Internet registry concerning information about registered sex offenders who have relocated to that community.† The procedure should be designed to make community organizations and members of the public in the affected community aware of the availability of information pertaining to the registered offender who relocates.† The notice would not disclose any specific information concerning the offenderís registration record, but may refer to the specific Internet location of the individual registration record pertaining to that person.

†††† The bill also requires that the new procedures provide a means for persons in the affected community who do not have access to the Internet to obtain or view the relocating personís individual registration record information.