SENATE, No. 523

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,]shall sentence the offender to be incarcerated at a correctional facility other than the Adult Diagnostic and Treatment Center, until such time as the Special Classification Review Board and the Commissioner of Corrections find the offender to be amenable to treatment, at which time the offender shall be sentenced to the Center for a program of specialized treatment for his mental condition [or] ; provided however, the court may 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.

    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 current law, most sex offenders who are convicted of aggravated sexual assault, sexual assault or aggravated criminal sexual contact, or an attempt to commit any of these crimes, and who are found to be "compulsive and repetitive," are sentenced to a term of imprisonment at the Adult Diagnostic and Treatment Center (ADTC). Under the provisions of this bill, these sex offenders would be incarcerated at another correctional facility until the Special Classification Review Board and the Commissioner of Corrections find the offender to be amenable to treatment, at which time the offender would be transferred to 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." During its study, the task force heard testimony that long term treatment for sex offenders is not effective. The task force also concluded that an offender who does not desire or would not benefit from treatment should not be incarcerated at the ADTC. In addition, there was a consensus that many current ADTC inmates do not have a sense that they are being punished and that the inmates are not paying the debt they owe to society.

    The task force recommended that sex offenders be required to serve "hard time" in general population prison in order to pay their debt to society. Sex offenders should spend only the last few years of their incarceration in the ADTC for the specific purpose of receiving treatment.

Requires certain sex offenders to serve part of sentence in general population prison.