SENATE, No. 522

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning certain sex offenders and amending N.J.S.2C:47-3.

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

    1. N.J.S.2C:47-3 is amended to read as follows:

    2C:47-3. Disposition.

    a. If the report of the examination reveals that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, the court shall determine whether the offender's conduct was so characterized and shall record its findings on the judgment of conviction.

    b. If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, the court may, upon the recommendation of the Adult Diagnostic and Treatment Center, sentence the offender to the Center for a program of specialized treatment for his mental condition or place the offender on probation with the requirement, as a condition of probation, that he receive outpatient psychological or psychiatric treatment as prescribed.

    c. A sentence of [incarceration or] probation imposed pursuant to subsection b. of this section shall be set in accordance with chapters 43, 44 and 45 of this code. A sentence of incarceration imposed pursuant to subsection b. of this subsection shall be for an indeterminate term. For purposes of this subsection, indeterminate shall mean a period of 30 years or until the person is released pursuant to N.J.S.2C:47-5, whichever is greater.

    d. The court shall impose sentence in accordance with chapters 43, 44 and 45 of this Title and not as provided in subsection b. of this section:

    (1) If it shall appear from the report of such examination made of such person that the offender's conduct was not characterized by a pattern of repetitive, compulsive behavior; or

    (2) If the report of the examination does not recommend that the offender be sentenced to the Adult Diagnostic and Treatment Center for treatment or placed on probation conditioned upon receipt of treatment.

    e. The court may, in its discretion, sentence an offender who is eligible for sentence pursuant to subsection b. of this section in accordance with chapters 43, 44 and 45 of this Title.

(cf: P.L.1994, c.134, s.2)

    2. This act shall take effect immediately.

STATEMENT

    Under the provisions of this bill, a sex offender who is incarcerated for a conviction of aggravated sexual assault, sexual assault or aggravated criminal sexual contact, or an attempt to commit any of these crimes, and who was found to be "compulsive and repetitive" would be sentenced to a 30-year indeterminate term. The offender would not be released until he had served 30 years or was paroled pursuant to the provisions of N.J.S.2C:47-5. That section provides that, in order to be paroled, the offender must be "capable of making an acceptable social adjustment in the community."

    Under current law, the vast majority of sex offenders who serve their sentences at the Adult Diagnostic and Treatment Center (ADTC), the correctional facility where most of the State's compulsive and repetitive sex offenders are incarcerated, are not paroled. These offenders serve their full sentences ("max out") and are not subject to any supervision or restrictions when they leave the institution. Jesse Timendequas, who was accused of murdering seven-year old Megan Kanka of Hamilton Township, "maxed out" of the ADTC.

    This bill implements a recommendation of the Joint Task Force to Study the ADTC, which was established by the Legislature with the enactment of the package of bills known as "Megan's Law." It is the sponsor's intent that sentencing a sex offender to an indeterminate term will provide an incentive for the offender to receive treatment. If a sex offender is still considered a danger to the community after 30 years, the State could move to have the sex offender civilly committed.

Provides for 30-year indeterminate term for compulsive and repetitive sex offenders.