ASSEMBLY, No. 1287

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman GILL

An Act concerning sentencing of 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 convicted of aggravated sex 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 shall include, in addition to any sentence authorized by this Code, a special sentence of community supervision for life.

    b. The special sentence 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. Person serving a special sentence of community supervision shall be supervise as if on parole and subject to conditions appropriate to protect the public and foster rehabilitation. Such conditions shall include, but not be limited to, outpatient psychological or psychiatric treatment.

    c. A person sentenced to a term of community supervision for life may petition the Superior Court for release from community supervision. The court shall grant a petition for release from a special sentence of community supervision only upon proof that the person has not committed 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 special sentence of community supervision without good cause is guilty of a crime of the fourth degree.

    e. (1) A person serving a special sentence of community supervision imposed 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. o 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 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 would amend the "Violent Predator Incapacitation Act of 1994" to require a sex offender serving a special sentence of community supervision to be subject to certian conditions which would include, but not be limited to, outpatient psychological or psychiatric treatment.

Requires sex offenders serving special sentences of community supervision to undergo outpatient psychological or psychiatric treatment.