ASSEMBLY, No. 1288

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman GILL and Assemblyman COHEN

 

 

An Act providing immunity to certain organizations who give notice concerning sex offenders and the payment of certain costs, amending and supplementing P.L.1994, c.128.

 

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

 

    1. Section 4 of P.L.1994, c.128 (C.2C:7-9) is amended to read as follows:

    4. a. Notwithstanding any other provision of law to the contrary and except as provided in subsection b. of this section, any person who provides or fails to provide information relevant to the procedures set forth in this act shall not be liable in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.

    b. A person or organization who receives notification pursuant to the provisions of paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8) and who disseminates or fails to disseminate the contents of such notification shall not be liable under any circumstances in any civil or criminal action.

(cf: P.L.1994, c.128, s.9)

 

    2. (New section) All costs incurred by a municipality in providing notification pursuant to the provisions of sections 2 and 3 of P.L.1994, c.128 (C.2C:7-7 and 2C:7-8) and all costs incurred by a county prosecutor in assessing risk pursuant to subsection d. of section 3 of P.L.1994, c.128 (C.2C:7-8) shall be paid by the State.

 

    3. This act shall take effect immediately.


STATEMENT

 

    P.L.1994, c.128, known as "Megan's Law," provides for community notification pursuant to guidelines issued by the Attorney General when a sex offender is released from a correctional facility or when a sex offender changes his address and moves into a municipality.

    As required by guidelines issued by the Attorney General, the chief law enforcement officer of the municipality where the inmate intends to reside would notify the community that a sex offender plans to reside there. Notification also would be given when a sex offender changes his address and moves into a municipality.

    The guidelines would provide for three levels of notification depending upon the degree of the risk of re-offense. Under the second and third level of notification (if risk of re-offense is moderate or high) organizations in the community including schools, religious and youth organizations would be notified in addition to law enforcement agencies likely to encounter the offender.

    P.L.1994, c.128 also provides that any person who provides or fails to provide information relevant to its procedures would not be liable in any civil or criminal action. Nothing in the bill would be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission. Under the provisions of this bill, the community organizations or any member notified pursuant to the second level of notification would be immune from liability in any civil or criminal action under any circumstances for disseminating or failing to disseminate the contents of any notification received.

    P.L.1994, c. 128 also requires county prosecutors to assess the risk of reoffense by an offender so that the appropriate notification will be provided. Under the provisions of this bill, all costs incurred by a muncipality in providing notification and all costs incurred by a county prosecutor in assessing risk of reoffense would be paid by the State.

 

 

 

Provides for immunity concerning receipt of notice and State payment of notification costs under Megan's law.