SENATE, No. 233

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

 

Co-Sponsored by:

Senator A.R.Bucco

 

 

 

 

SYNOPSIS

     Requires that victims of sex offense be informed of offender’s risk of re-offense upon release.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning sex offenders and amending P.L.1994, c.135.

 

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

 

     1.    Section 1 of P.L.1994, c.135 (C.30:4-123.53a) is amended to read as follows:    

     1.    a.  As used in this act: "Prosecutor" means the county prosecutor of the county in which the defendant was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" means the Attorney General.

     "Office of Victim Witness Advocacy" means the Office of Victim Witness Advocacy of the county in which the defendant was convicted.

     b.    Notwithstanding any other provision of law to the contrary, the State shall provide written notice to the prosecutor of the anticipated release from incarceration in a county or State penal institution or the Adult Diagnostic and Treatment Center of a person convicted of murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnaping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.  In cases involving a release on parole, the State Parole Board shall provide the notice required by this subsection.  In all other cases, including but not limited to release upon expiration of sentence or release from incarceration due to a change in sentence, the Department of Corrections shall provide the notice required by this subsection.

     c.     Notwithstanding any other provision of law to the contrary, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall provide written notice to the prosecutor of the anticipated release from incarceration of a juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnaping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

     d.    If available, the notice shall be provided to the prosecutor 90 days before the inmate's anticipated release; provided however, the notice shall be provided at least 30 days before release.  The notice shall include the person's name, identifying factors, offense history, and anticipated future residence.  The prosecutor shall notify the Office of Victim and Witness Advocacy and that office shall use any reasonable means available to them to notify the victim of the anticipated release unless the victim has requested not to be notified.

     If the inmate being released was convicted of or adjudicated delinquent for a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2), and following the receipt of registration of that individual as required therein, the prosecutor of the county where the inmate plans to reside shall provide notification to the Office of Victim Witness Advocacy when that inmate’s risk of re-offense is moderate or high as determined by the procedures set forth in section 3 of P.L.1994, c.128 (C..2C:7-8).  That office shall use any reasonable means available to notify the victim of that inmate’s risk of re-offense, unless the victim has requested not to be notified.

     e.     Upon receipt of notice, the prosecutor shall provide notice to the law enforcement agency responsible for the municipality where the inmate will reside, the municipality in which any victim resides, and such other State and local law enforcement agencies as appropriate for public safety.

(cf:  P.L.2001, c.79, s.8)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires that the victim of a sex offense be informed of the risk of re-offense, or tier, that the offender must be registered as under Megan’s law.

     The bill requires the prosecutor, of the county where the offender plans to reside, to notify the Office of Victim Witness Advocacy when that inmate’s risk of re-offense is moderate or high.  That office would then use any reasonable means available to them to notify the victim of the offender’s risk of re-offense, unless the victim has requested not to be notified.

     Currently, victims of certain sex crimes are informed of when the offender who committed the crime will be released from prison.  This bill adds a second notification requirement by informing the victim of the tier of the offender.