SENATE, No. 2651

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED JANUARY 25, 2011

 


 

Sponsored by:

Senator† ROBERT W. SINGER

District 30 (Burlington, Mercer, Monmouth and Ocean)

Senator† SEAN T. KEAN

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

†††† Concerns the registration of persons convicted of arson related crimes.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning registration of persons convicted of arson related crimes and supplementing Title 2C of the New Jersey Statutes.

 

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

 

†††† 1.††† a.† As used in this section, "arson and related offenses" means a violation of N.J.S.2C:17-1 or attempt to commit a violation of N.J.S.2C:17-1.

†††† b.††† (1) Every person described in paragraph (2), (3), and (4) of this subsection, for the periods specified therein, shall, while residing in, or if the person has no residence, while located in New Jersey, be required to, within 14 days of coming into, or changing the person's residence or location within any municipality wherein the person temporarily resides, or if the person has no residence, is located:

†††† (i)††† Register with the chief of police of the municipality where the person is residing, or if the person has no residence, where the person is located.

†††† (ii)†† Register with the sheriff of the county where the person is residing, or if the person has no residence, where the person is located in a municipality that does not have a police department.

†††† (2)†† Any person who, on or after the effective date of this act, is convicted in any court in this State of arson and related offences shall be required to register, in accordance with the provisions of this section, for the rest of his or her life.

†††† (3)†† Any person who, having committed the offense of arson or attempted arson, and after having been adjudicated delinquent in the juvenile court on or after the effective date of this act, is discharged or paroled from juvenile detention shall be required to register, in accordance with the provisions of this section, until that person attains the age of 25 years.

†††† (4)†† Any person convicted of the offense of arson or attempted arson up to 10 years prior to the effective date this act, in any court of this State, shall be required to register, in accordance with the provisions of this section, for a period of five years commencing, in the case where the person was confined for the offense, from the date of their release from confinement, or in the case where the person was not confined for the offense, from the date of sentencing or discharge whichever occurred later. The law enforcement agencies shall make registration information available to local fire officials operating in the jurisdiction where the person resides.

†††† c.†††† Any person required to register pursuant to this section who is discharged or paroled from a jail, prison, or other correctional institution, where he or she was confined because of the commission or attempted commission of arson and related offenses, shall, prior to the discharge, parole, or release, be informed of his or her duty to register under this section by the official in charge of the place of confinement. The official shall require the person to read and sign the form as may be required by the Attorney General, stating that the duty of the person to register under this section has been explained to him or her. An official in charge of the place of confinement shall obtain the address where the person expects to reside upon his or her discharge, parole, or release and shall report the address to the Attorney General. The official in charge of the place of confinement shall give one copy of the form to the person, and shall, not later than 45 days prior to the scheduled release of the person, send one copy to the appropriate law enforcement agency having local jurisdiction where the person expects to reside upon his or her discharge, parole, or release; one copy to the prosecuting agency that prosecuted the person; one copy to the fire official of a fire department operating in jurisdiction where the person expects to reside upon his or her discharge, parole, or release; and one copy to the Attorney General. The official in charge of the place of confinement shall retain one copy. All forms shall be transmitted in time so as to be received by the local law enforcement agency and prosecuting agency 30 days prior to the discharge, parole, or release of the person.

†††† d.††† All records relating specifically to the registration in the custody of the Department of Corrections, law enforcement agencies, and other agencies or public officials shall be destroyed when the person required to register under this subdivision for offenses adjudicated by a juvenile court attains the age of 25 years or has his or her records sealed under the procedures set forth in section 3 of P.L.1982, c.79 (C.2A:4A-62), whichever event occurs first. †This paragraph shall not be construed to require the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Corrections, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by the court.

†††† e.†††† Any person who is required to register pursuant to this section who is released on probation or discharged upon payment of a fine shall, prior to the release or discharge, be informed of his or her duty to register under this section by the probation department of the county in which he or she has been convicted, and the probation officer shall require the person to read and sign the form as may be required by the Attorney General or the Administrative Office of the Courts, stating that the duty of the person to register under this section has been explained to him or her. The probation officer shall obtain the address where the person expects to reside upon his or her release or discharge and shall report within three days the address to the Attorney General. The probation officer shall give one copy of the form to the person, and shall send one copy to the appropriate law enforcement agency having local jurisdiction where the person expects to reside upon his or her discharge or release, one copy to the prosecuting agency that prosecuted the person, one copy to a fire official of a fire department operating in the jurisdiction where the person expects to reside upon his or her discharge or release, and one copy to the Attorney General. The probation officer shall also retain one copy.

†††† f.†††† The registration shall consist of: (1) a statement in writing signed by the person, giving the information as may be required by the Attorney General, and (2) the fingerprints and photograph of the person. Within three days thereafter, the registering law enforcement agency shall electronically forward the statement, fingerprints, and photograph to the Attorney General.

†††† g.†††† If any person required to register by this section changes his or her residence address, he or she shall inform, in writing within 10 days, the law enforcement agency with whom he or she last registered his or her new address. The law enforcement agency shall, within three days after receipt of the information, electronically forward it to the Attorney General. The Attorney General shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence.

†††† h.†††† Any person required to register under this section who violates any of the provisions thereof is guilty of a fourth degree crime. Any person who has been convicted of arson and related offenses or attempted arson and who is required to register under this section who willfully violates any of the provisions thereof is guilty of a crime of the fourth degree and shall be sentenced to serve a term of imprisonment of not less than 90 days nor more than one year. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving a sentence of at least 90 days and completing a probation term of at least one year.

†††† i.††††† Whenever any person is released on parole or probation and is required to register under this section but fails to do so within the time prescribed, the personís parole or probation shall be revoked.

†††† j.†††† The statements, photographs, and fingerprints required by this section shall not be open to inspection by the public or by any person other than a regularly employed peace officer or other law enforcement officer.

†††† k.††† In any case in which a person who would be required to register pursuant to this section is to be temporarily sent outside the institution where he or she is confined on any assignment within a city or county, including, but not limited to, firefighting or disaster control, the local law enforcement agency having jurisdiction over the place or places where that assignment shall occur shall be notified within a reasonable time prior to removal from the institution. This subsection shall not apply to any person temporarily released under guard from the institution where he or she is confined.

†††† A person required to register under this section may, upon obtaining a certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8), shall be relieved of any further duty to register under this section. This certificate shall not relieve the petitioner of the duty to register under this section for any offense subject to this section of which he or she is convicted in the future.

†††† Any person who is required to register under this section due to a conviction for a violation whose maximum penalty is less than 18 months imprisonment and less than a fine of $10,000, shall be relieved of the requirement to register if that person is granted a certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8).

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† †This bill requires persons who have been convicted of arson related crimes to register with law enforcement authorities.

†††† The bill requires persons in New Jersey who have been convicted of arson related crimes to register with the chief of police of the municipality where the person is residing or located.† A person who resides in a municipality that does not have a police department would be required to register with the county sheriff.

†††† Under the bill, persons convicted of arson related offenses after this bill becomes law to register for the remainder of their natural lives. Persons who have been adjudicated delinquent in the juvenile court on or after the effective date of this act for arson related crimes would be required to remain registered under the bill until the age of 25 years.

†††† Persons convicted of arson related crimes up to 10 years prior to the date that the bill becomes law would be required to register† for a period of five years from the date of their release from confinement, or from the date of sentencing or discharge, whichever occurred later.

†††† The bill provides that the registry of arson offenders available to local fire officials operating in the jurisdiction where the person resides.†

†††† The bill also requires persons convicted of arson to be notified of their obligation to register with law enforcement authorities upon their release from incarceration or upon a grant of probation.

†††† The bill would provide for destroying of a juvenileís registration records when a person adjudicated by a juvenile court attains the age of 25 years or has his or her records sealed under the procedures set forth in section 3 of P.L.1982, c.79, whichever event occurs first.

†††† The registration of arson offenders under this bill shall consist of a statement giving the information as may be required by the Attorney General and the fingerprints and photograph of the person.

†††† Any person required to register under this bill who violates the billís provisions is guilty of a fourth degree crime and shall be sentenced to serve a term of imprisonment of not less than 90 days nor more than one year. †The bill would require a person sentenced for violation of the registration requirements to serve at least 90 days in prison and complete a one year probation term. A personís parole or probation could also be revoked for failure to register under the provisions of the bill.

†††† The information provided by persons who register under the provisions of this bill would only be available to law enforcement authorities.

†††† A person required to register under this section is relieved of the registration requirement upon obtaining a certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8).† Persons who are required to register under this bill due to a conviction for a violation whose maximum penalty is less than 18 months imprisonment and less than a fine of $10,000, shall be also relieved of the requirement to register if that person is granted a certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8).