SENATE, No. 1554
STATE OF NEW JERSEY
INTRODUCED OCTOBER 3, 1996
By Senators CONNORS, CASEY, Bubba and Palaia
An Act concerning polygraph monitoring of sex offenders and amending P.L.1979, c.441 and P.L.1994, c.130.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1979, c.441 (C.30:4-123.59) is amended to read as follows:
15. a. Each adult parolee shall at all times remain in the legal custody of the Commissioner of Corrections and each juvenile parolee shall at all times remain in the legal custody of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), except that the Commissioner of Corrections or the Executive Director of the Juvenile Justice Commission, after providing notice to the Attorney General, may consent to the supervision of a parolee by the federal government pursuant to the Witness Security Reform Act, Pub.L.98-473 (18 U.S.C.3251 et seq.). A parolee, except those under the Witness Security Reform Act, shall remain under the supervision of the Bureau of Parole of the Department of Corrections or the Juvenile Justice Commission, as appropriate, in accordance with the rules of the board.
b. Each parolee shall agree, as evidenced by his signature to abide by specific conditions of parole established by the appropriate board panel which shall be enumerated in writing in a certificate of parole and shall be given to the parolee upon release. Such conditions shall include, among other things, a requirement that the parolee conduct himself in society in compliance with all laws and refrain from committing any crime, a requirement that the parolee will not own or possess any firearm as defined in subsection f. of N.J.S.2C:39-1 or any other weapon enumerated in subsection r. of N.J.S.2C:39-1, a requirement that the parolee refrain from the use, possession or distribution of a controlled dangerous substance, controlled substance analog or imitation controlled dangerous substance as defined in N.J.S.2C:35-2 and N.J.S.2C:35-11, a requirement that the parolee obtain permission from his parole officer for any change in his residence, and a requirement that the parolee report at reasonable intervals to an assigned parole officer. In addition, based on prior history of the parolee, the member or board panel certifying parole release pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) may impose any other specific conditions of parole deemed reasonable in order to reduce the likelihood of recurrence of criminal or delinquent behavior. Such special conditions may include, among other things, a requirement that the parolee make full or partial restitution, the amount of which restitution shall be set by the sentencing court upon request of the board; and, in the case of a parolee who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of N.J.S.2C:7-2 against a victim under 18 years old, shall include limitations on the parolee's contact with children.
A parolee who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of N.J.S.2C:7-2 may be required to submit to periodic polygraph testing at the parolee's expense. If the parolee's victim was under 18 years old, the parolee shall submit to polygraph testing every six months to determine whether the parolee has had contact with children in violation of the conditions of parole. Polygraph testing shall be administered by a member of the Polygraph Section of the Internal Affairs Unit of the Department of Corrections who has successfully completed a polygraph course at an American Polygraph Association accredited school or a polygraphist who has met the educational and professional standards set forth in regulations which shall be promulgated by the Commissioner of Corrections pursuant to P.L.1976, c.98 (C.30:1B-6).
c. The appropriate board panel may in writing relieve a parolee of any parole conditions, and may permit a parolee to reside outside the State pursuant to the provisions of the Uniform Act for Out-of-State Parolee Supervision (N.J.S.2A:168-14 et seq.), the Interstate Compact on Juveniles, P.L.1955, c.55 (C.9:23-1 to 9:23-4), and, with the consent of the Commissioner of the Department of Corrections or the Executive Director of the Juvenile Justice Commission after providing notice to the Attorney General, the federal Witness Security Reform Act, if satisfied that such change will not result in a substantial likelihood that the parolee will commit an offense which would be a crime under the laws of this State. The appropriate board panel may revoke such permission, except in the case of a parolee under the Witness Security Reform Act, or reinstate relieved parole conditions for any period of time during which a parolee is under its jurisdiction.
d. The appropriate board panel may parole an inmate to any residential facility funded in whole or in part by the State if the inmate would not otherwise be released pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53) without such placement. But if the residential facility provides treatment for mental illness or mental retardation, the board panel only may parole the inmate to the facility pursuant to the laws and admissions policies that otherwise govern the admission of persons to that facility, and the facility shall have the authority to discharge the inmate according to the laws and policies that otherwise govern the discharge of persons from the facility, on 10 days' prior notice to the board panel. The board panel shall acknowledge receipt of this notice in writing prior to the discharge. Upon receipt of the notice the board panel shall resume jurisdiction over the inmate.
e. The assigned parole officer shall provide assistance to the parolee in obtaining employment, education or vocational training or in meeting other obligations.
f. The board panel on juvenile commitments and the assigned parole officer shall insure that the least restrictive available alternative is used for any juvenile parolee.
g. If the board has granted parole to any inmate from a State correctional facility or juvenile facility and the court has imposed a fine on such inmate, the appropriate board panel shall release such inmate on condition that the parolee make specified fine payments to the Bureau of Parole or the Juvenile Justice Commission. For violation of such conditions, or for violation of a special condition requiring restitution, parole may be revoked only for refusal or failure to make a good faith effort to make such payment.
h. Upon collection of the fine the same shall be paid over by the Department of Corrections or by the Juvenile Justice Commission to the State Treasury.
(cf: P.L.1995, c.280, s.39)
2. 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 sexual assault, sexual assault, aggravated criminal sexual contact, kidnaping 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. Persons serving a special sentence of community supervision shall be supervised as if on parole and subject to conditions appropriate to protect the public and foster rehabilitation. If the person’s victim was under 18, these conditions shall include limitations on the person's contact with children.
A person serving a special sentence of community supervision for a sex offense as described in subsection a. of this section may be required to submit to periodic polygraph testing at the person's expense. If the person's victim was under 18 years old, the person shall submit to polygraph testing every six months to determine whether the person has had contact with children in violation of the conditions of community supervision. Polygraph testing shall be administered by a member of the Polygraph Section of the Internal Affairs Unit of the Department of Corrections who has successfully completed a polygraph course at an American Polygraph Association accredited school or a polygraphist who has met the educational and professional standards set forth in regulations which shall be promulgated by the Commissioner of Corrections pursuant to P.L. 1976, c.98 (C.30:1B-6).
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 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 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. 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)
3. This act shall take effect immediately.
STATEMENT
This bill authorizes periodic polygraph testing of sex offenders as a condition of parole or community supervision. It also provides that the conditions of parole or lifetime supervision for sex offenders whose victims were under 18 years old contain limitations on their contact with children. These offenders would be required to submit to polygraph testing every six months, at their expense, to determine if they have had any contact with children in violation of these conditions. The polygraph test shall be administered by a member of the Polygraph Section of the Internal Affairs Unit of the Department of Corrections who has successfully completed a polygraph training and internship program accredited by the American Polygraph Association or a polygraphist who has met the educational and professional qualifications set forth in rules that will be promulgated by the Commissioner of Corrections.
The release of sex offenders into the community poses a threat to the public's safety. Expert opinion indicates that sex offenders cannot be "cured," but that their criminal sexual impulses can be controlled with the appropriate treatment and supervision. Using a polygraph, or lie detector, to monitor a sex offender's behavior will enhance public safety by helping to reduce the risk that the offender will re-offend.
The polygraph detects the physiological changes in blood pressure, skin resistance, respiration patterns and muscular movements associated with a false answer to a question. Due to questions about the polygraph's reliability and the lack of qualified polygraph examiners, courts have generally held polygraph results inadmissible as evidence. However, the courts have sanctioned the use of polygraph testing in the probation and parole processes.
Provides for polygraph monitoring of sex offenders.