ASSEMBLY, No. 773
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman BUONO
An Act concerning certain sex offenders and amending P.L.1994, c.130.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1994, c.130 (C.2C:43-6.4) is amended to read as follows:
2. a. Notwithstanding any provision of law to the contrary, [a court imposing sentence on] a person who [has been] is convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping 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, luring or an attempt to commit any such offense, or who, on the effective date of P.L. , c. (now pending before the Legislature as this bill), is serving a term of incarceration for a conviction of one of those offenses, shall [include, in addition to any sentence authorized by this Code, a special sentence], upon the completion of the term of imprisonment imposed by the court, be subject to a program of community supervision for life as hereinafter provided.
b. The special [sentence] program of community supervision required by this section shall commence upon completion of the sentence imposed pursuant to other applicable provisions of the Code of Criminal Justice. Persons [serving a] subject to this special [sentence] program of community supervision shall be supervised as if on parole and subject to conditions appropriate to protect the public and foster rehabilitation. Those special conditions shall include, but not be limited to, monthly psychological evaluations designed to assess the risk of re-offense and the need for additional or specialized outpatient counseling, therapy or treatment.
c. A person [sentenced] subject to [a term] the special program of community supervision for life authorized under this section may petition the Superior Court for release from that community supervision. The court shall grant a petition for release from [a] this special [sentence] program of community supervision only upon proof that the person has not committed a crime for 15 years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from supervision.
d. A person who violates a condition of [a] the special [sentence] program of community supervision authorized under this section without good cause is guilty of a crime of the fourth degree.
e. (1) A person [serving a] participating in the special [sentence] program of community supervision [imposed] authorized pursuant this section who commits a violation of 2C:11-3, 2C:11-4, section b. of 2C:12-1, 2C:13-1, 2C:13-6, 2C:14-2, 2C:14-3, 2C:24-4, a crime of the second degree under 2C:18-2 or subsection a. of 2C:39-4, shall be sentenced to an extended term of imprisonment.
(2) The court shall not impose a sentence of imprisonment pursuant to this subsection unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
(cf: P.L.1994, c.130, s.2.)
2. This act shall take effect immediately.
STATEMENT
This bill establishes mandatory, monthly psychological evaluations for all sex offenders who are released into the community supervision for life program. The bill also amends current law to clarify that the lifetime community supervision program applies to all persons presently incarcerated for specified sex offenses, not just those sentenced after the effective date of P.L.1994, c.130.
Under the provisions of the bill, all persons who are convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping which involves a child and sexual misconduct, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or any attempt to commit any such offense would be required to participate in a special program of community supervision when they complete their term of incarceration. As part of the program, all the participating offenders are required to undergo monthly psychological evaluation. These evaluations are to be designed to determine whether there is a risk of re-offense on the part of the released offender or whether additional or specialized outpatient counseling, therapy or treatment is warranted.
In its current form, lifetime community supervision may be required only of offenders sentenced after the effective date of P.L.1994, c.130.
Requires monthly psychological evaluations for sex offenders under lifetime community supervision.