STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senators Beach, Madden, A.R.Bucco and O'Toole
Requires sex offenders in satellite-based monitoring program to pay for certain equipment and monitoring costs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning satellite-based monitoring of certain sex offenders and amending P.L.2007, c.128.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2007, c.128 (C.30:4-123.91) is amended to read as follows:
3. a. As used in this act:
"Chairman" means the Chairman of the State Parole Board.
"Monitored subject" means:
(1) a person whose risk of reoffense has been determined to be high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8); and
(2) a person who the chairman deems appropriate for continuous satellite-based monitoring pursuant to the provisions of this act and who:
(a) was subject to civil commitment as a "sexually violent predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.) and has been conditionally discharged or discharged pursuant to section 13 of P.L.1998, c.71 (C.30:4-27.36);
(b) has been sentenced to a term of community or parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4); or
(c) has been convicted of or adjudicated delinquent for a sex offense enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) and the victim of the offense was under 18 years of age or 60 years of age or older, regardless of the date of conviction.
b. In addition to those offenders whose risk of reoffense has been determined to be high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8), the chairman, in exercising his discretion in determining subjects to monitor through time correlated or continuous tracking of their geographic location under the program authorized by this act, shall consider the risk to the public posed by the subject, based on relevant risk factors such as the seriousness of the offense, the age of the victim or victims, the degree of force and contact, and any other factors the chairman deems appropriate. Time correlated or continuous tracking of the offender's geographic location shall not be provided during the time a monitored subject is in custody due to arrest, incarceration or civil commitment.
c. Nothing in this act shall be construed to preclude a judge from ordering time correlated or continuous tracking of the person's geographic location or other electronic monitoring as a condition of discharge of a person committed pursuant to P.L.1998, c.71 (C.30:4-27.24 et al.), or as a condition or requirement of supervision for any other person sentenced pursuant to N.J.S.2C:45-1 or sentenced to a term of community or parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4).
d. A monitored subject shall pay for the cost of any equipment carried or worn by the subject in compliance with the provisions of this act and the daily cost charged to the State by the monitoring company for that subject, unless the subject provides proof to the satisfaction of the chairman that the requirements of this subsection would constitute an extreme financial hardship. The chairman shall develop a test to determine whether the requirements of this subsection would constitute an extreme financial hardship for a monitored subject.
(cf: P.L.2007, c.128, s.3)
2. This act shall take effect on the first day of the third month after enactment, provided the Chairman of the State Parole Board may take any anticipatory required prior to the effective date for its effective implementation.
P.L.2007, c.128 (C.30:4-123.89) the "Sex Offender Monitoring Act," established a permanent sex offender monitoring program which provides for continuous, satellite-based monitoring of high risk sex offenders.
This bill requires sex offenders monitored under the program to pay for certain costs associated with their monitoring. Specifically, the sex offender would be required to pay for the cost of any equipment he or she must carry or wear and to pay the daily cost charged to the State by the monitoring company for his or her monitoring. An exception could be made for a sex offender who provides proof to the satisfaction of the Chairman of the State Parole Board that paying for the cost of the equipment and monitoring would subject the offender to extreme financial hardship. The chairman is required to develop a test to determine whether the requirements would constitute an extreme financial hardship for a monitored offender.