Bill Text: NJ A764 | 2012-2013 | Regular Session | Introduced
Bill Title: Conforms Megan's law to requirements of federal Sex Offender Registration and Notification Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-05-10 - Withdrawn from Consideration [A764 Detail]
Download: New_Jersey-2012-A764-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Conforms Megan's law to requirements of federal Sex Offender Registration and Notification Act.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning sex offender registration and notification requirements and the sex offender Internet registry, amending and supplementing various parts of the statutory law, and repealing sections 3 and 6 of P.L.1994, c.128 and section 7 of P.L.2001, c.167.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. When the Legislature originally enacted Megan's Law in 1994, it found and declared that the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, and the dangers posed by persons who prey on others as a result of mental illness, require a system of registration that will permit law enforcement officials to identify and alert the public when necessary for the public safety, and that a system of registration of sex offenders and offenders who commit other predatory acts against children will provide law enforcement with additional information critical to preventing and promptly resolving incidents involving sexual abuse and missing persons.
b. A similar remedial purpose attended the 2001 enactment of the law authorizing the establishment of a sex offender internet registry, as the Legislature found and declared that the public safety will be enhanced by making information about certain sex offenders contained in the sex offender central registry available to the public through the Internet, that knowledge of whether a person is a convicted sex offender at risk of re-offense could be a significant factor in protecting oneself and one's family members, or those in care of a group or community organization, from recidivist acts by the offender, and that the technology afforded by the Internet would make this information readily accessible to parents and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk.
c. The Legislature hereby reaffirms and readopts the above findings and declarations by enacting this law intended to conform the provisions of New Jersey's Megan's Law to the federal Sex Offender Registration and Notification Act (hereinafter "SORNA"), P.L.109-248. Under the SORNA scheme, information about all persons convicted of or acquitted by reason of insanity for a sex offense committed as an adult would be made available to the public through the Internet for the duration of the person's registration obligations under the law. Additionally, SORNA affords states the discretion to make information about juvenile sex offenders and those convicted of certain less serious sex offenses available on the Internet. In consideration of the circumstances of youthful sex offenders and the interest in rehabilitation, this legislation imposes registration requirements upon such offenders but does not include information about juvenile sex offenders on the Internet registry unless the juvenile was tried as an adult for the sex offense committed.
d. Basing an offender's registration obligations solely on the sex offense committed which gives rise to the registration obligation, rather than utilizing a risk-based classification, allows a more expedient process, as the classification of an offender may take place at the time of sentencing, thereby eliminating a potential gap in time between a registrant's release from custody or relocation and actual notification while awaiting completion of the risk-based tier classification process. The uniform classification of sex offenders based solely on the offense committed also enables New Jersey to provide such information for inclusion in the National Sex Offender Registry, thereby avoiding a 10 percent reduction annually in the State allocated share of federal Edward Byrne law enforcement grant funding, and allows New Jersey to exchange such information with other states when registered sex offenders relocate to or from, or travel to this State. The Internet publication scheme envisioned by SORNA provides the public with identifying information about a greater number of sex offenders than under the current law, and employs geographically-based Internet searches and electronic notification rather than the cumbersome and resource-intensive process of hand-delivery of notification fliers. These changes are intended to continue to promote public safety by providing the public with access to relevant information about those who commit sex offenses, to enable responsible organizations and individuals to take appropriate precautions to protect themselves and those in their care from the risk posed by sex offenders, through a more efficient, uniform and fiscally prudent system of registration and notification.
e. A primary characteristic of offense-based offender classification is uniformity. In 2007, the Legislature noted questions concerning whether Megan's Law is consistently applied in the 21 counties, and expressed an intent to make the law's application more uniform and equitable. Concerns were raised that offenders would move from county to county, or relocate to a particular county, either to avoid receiving a final tier classification or to seek to obtain a lower classification, thereby delaying, avoiding, or reducing the scope of community notification or Internet publication. Basing registration obligations solely on the sex offense committed provides a uniform classification scheme that will be applied consistently, regardless of the registrant's county of residence. From a national perspective, this uniformity reflects that, in our mobile society, sex offender registration and notification can be more effective if the requirements of the law are consistent from state to state and cannot be evaded by moving between jurisdictions to take advantage of potential gaps and loopholes. The national standards established under SORNA enable jurisdictions to track registered sex offenders seamlessly, with consistent and uniform classification and treatment.
f. Accordingly, consistent with the authority provided in Article IV, Section VII, paragraph 12 of the New Jersey Constitution, this legislation revises the scope, manner, and format of the disclosure to the general public of information pertaining to the identity, specific and general whereabouts, physical characteristics, and criminal history of persons found to have committed a sex offense. The Legislature finds and declares that sex offender registration and the provision of public access to sex offender registry information in conformance with the requirements of SORNA is intended solely for the protection of the public, and is not intended to impose additional criminal punishment upon any person required to register under this act.
2. Section 2 of P.L.1994, c.133 (C.2C:7-2) is amended to read as follows:
2. a. (1) The following persons shall register as provided in subsections c. and d. of this section:
(a) A person who has been convicted [, adjudicated delinquent] or found not guilty by reason of insanity for commission of a sex offense or attempt or conspiracy to commit a sex offense as defined in subsection b. of this section [shall register as provided in subsections c. and d. of this section.];
(b) A person who has been adjudicated delinquent for commission of a sex offense or attempt or conspiracy to commit a sex offense as defined in subsection b. of this section;
(c) A person who is convicted after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) of a crime other than a sex offense and was convicted after the effective date of P.L.1994, c.133 (C.2C:7-1 et al.) of a sex offense as defined in subsection b. of this section but was not previously required to register under Megan's Law; and
(d) A person who was convicted of a sex offense as defined in subsection b. of this section after the effective date of P.L.1994, c.133 (C.2C:7-1 et al.) but prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and who was not previously required to register pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2).
(2) A person who resides in another jurisdiction [is required to register as a sex offender], meets the requirements of paragraph (1) of this subsection, and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school, or (b) is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.
(3) A person who fails to register as required under this act shall be guilty of a crime of the third degree.
(4) A person required to register under this subsection who is registered in accordance with this section on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be deemed to be in compliance with the initial registration requirements set forth in subsection c. of this section. On or before the date of the person's next required appearance at the appropriate law enforcement agency to verify registration information in accordance with subsection e. of this section, the person shall provide to the law enforcement agency any additional information not previously provided but which is required under subsection d. of section 4 of P.L.1994, c.133 (C.2C:7-4).
(5) A person who was previously required to register pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2) but whose obligation to register was terminated in accordance with subsection f. of section 2 of P.L.1994, c.133 (C.2C:7-2) shall not be required to register under P.L. , c. (C. ) (pending before the Legislature as this bill), unless that person is otherwise required to register pursuant to this subsection.
b. For the purposes of this act [a sex offense], "sex offense" shall include the following:
(1) Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;
(2) [A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated] Aggravated sexual 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; endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) or subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); luring or enticing pursuant to section 1 of P.L.2005. c.1 (C.2C:13-7); criminal sexual contact pursuant to [N.J.S.2C:14-3b] subsection b. of N.J.S.2C:14-3 if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; human trafficking involving engaging in sexual activity pursuant to paragraph (1) of subsection a. of section 1 of P.L.2005, c.77 (C.2C:13-8); lewdness pursuant to subsection b. of N.J.S.2C:14-4; invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9); and prostitution pursuant to paragraph (7) of subsection b. of N.J.S.2C:34-1, or an attempt or conspiracy to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of [this act] P.L.1994, c.133 (C.2C:7-1 et al.) or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of [this act] P.L.1994, c.133 (C.2C:7-1 et al.);
(3) [A conviction, adjudication of delinquency or acquittal by reason of insanity for an] An offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, including but not limited to each federal offense enumerated in subparagraph (b) of paragraph (1), subparagraph (b) of paragraph (2) and subparagraph (b) of paragraph (3) of subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), this State [or], another state, any foreign government, or of any federal or military offense enumerated in 42 U.S.C. s.16911(5)(A) (iii) and (iv).
c. [A] Except as otherwise provided in subsection a. of this section, a person required to register under the provisions of [this act] this section shall [do so] initially register on forms to be provided by the [designated] appropriate registering agency as follows:
(1) A person who is required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program, shall register [at the time the person is placed under supervision or] no later than [120] three business days after sentencing for the offense giving rise to the registration requirement or the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill), whichever is later, in accordance with procedures established by the Department of Corrections, the Department of Human Services, the Juvenile Justice Commission [established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170)], the State Parole Board, or the Administrative Office of the Courts, whichever is responsible for supervision and, within 48 hours of release from supervision, shall also register in person with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police department or force, the Superintendent of State Police;
(2) A person confined in a county jail or a State or county correctional or juvenile facility or involuntarily committed who is required to register shall register prior to release in accordance with procedures established by the Department of Corrections, the Department of Human Services or the Juvenile Justice Commission and, within 48 hours of release, shall also register in person with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police department or force, the Superintendent of State Police;
(3) A person who is required to register and has moved or returned or is moving to or returning to this State from another jurisdiction shall register in person with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police department or force, the Superintendent of State Police within [120] three business days of the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill) or [10 days] three business days of first residing in or returning to a municipality in this State, whichever is later;
(4) A person required to register on the basis of a conviction prior to the effective date of P.L. , c. (C. ) (pending before the Legislature of this bill) who is not confined or under supervision on the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill) shall register within [120] three business days of the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill) with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police department or force, the Superintendent of State Police;
(5) A person who resides in another jurisdiction [is required to register as a sex offender], meets the requirements of subparagraph (a) or (b) of paragraph (1) of subsection a. of this section and [who] is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school shall, within [ten] three business days of commencing attendance at such educational institution, register in person with the chief law enforcement officer of the municipality in which the educational institution is located or, if the municipality does not have a local police department or force, the Superintendent of State Police;
(6) A person who resides in another jurisdiction [is required to register as a sex offender], meets the requirements of subparagraph (a) or (b) of paragraph (1) of subsection a. of this section, and [who] is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall, within [ten] three business days after commencing such employment or vocation, register in person with the chief law enforcement officer of the municipality in which the employer is located or where the vocation is carried on, as the case may be, or, if the municipality does not have a local police department or force, the Superintendent of State Police; and
(7) In addition to any other registration requirements set forth in this section, a person required to register under this act who is enrolled at, employed by or carries on a vocation at an institution of higher education or other post-secondary school in this State shall, within [ten] three business days after commencing such attendance, employment or vocation, register in person with the law enforcement unit of the educational institution, if the institution has such a unit.
d. (1) Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and shall appear in person to re-register with the appropriate law enforcement agency [no less than 10 days before he intends to first reside] within three business days of first residing at his new address. Upon a change of employment or school enrollment status, a person shall appear in person to notify the appropriate law enforcement agency [no later than five] within three business days after any such change. A person who fails to notify the appropriate law enforcement agency of a change of address or status in accordance with this subsection is guilty of a crime of the [fourth] third degree.
(2) A person required to register under this act shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with Internet capability, and shall provide any e-mail address or identifier used by that person. A person who fails to [notify] provide the appropriate law enforcement agency [of] with such information or notify the agency of a change in the person's access to or use of a computer or other device with Internet capability or e-mail address or identifier or who provides false information concerning the person's access to or use of a computer or any other device with Internet capability or e-mail address or identifier is guilty of a crime of the [fourth] third degree.
(3) A person required to register under subsection a. of this section shall notify the law enforcement agency with which the person is registered of any international travel at least 21 days in advance of such travel. A person subject to the requirements of this paragraph who fails to notify the appropriate law enforcement agency of such information or who provides false information concerning the person's international travel as required by this paragraph is guilty of a crime of the third degree.
e. A person required to register under [paragraph (1) of] subsection b. of this section [or under paragraph (3) of subsection b. due to a sentence imposed on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b.] shall verify his address with the appropriate law enforcement agency [every 90 days in a manner prescribed by the Attorney General. A person required to register under paragraph (2) of subsection b. of this section or under paragraph (3) of subsection b. on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b. shall verify his address annually in a manner prescribed by the Attorney General. One year after the effective date of this act, the Attorney General shall review, evaluate and, if warranted, modify pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the verification requirement] and provide such other information as may be required under section 4 of P.L.1994, c.133 (C.2C:7-4) in accordance with such intervals as set forth in the provisions of subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Any person who knowingly provides false information concerning his place of residence or who fails to verify his address with the appropriate law enforcement agency or other entity, as prescribed by the Attorney General in accordance with this subsection, is guilty of a crime of the [fourth] third degree.
f. Except as provided in subsection g. of this section or paragraph (2) or (3) of subsection c. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), a person required to register under this act may make application to the Superior Court of this State to terminate the obligation [upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others] in accordance with the provisions of subsection c. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. of this section or who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section to make application to the Superior Court of this State to terminate the registration obligation.
(cf: P.L.2007, c.219, s.2)
3. Section 3 of P.L.1994, c.133 (C.2C:7-3) is amended to read as follows:
3. Notice of the obligation to register shall be provided as follows:
a. (1) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the defendant of the obligation to register pursuant to section 2 of [this act] P.L.1994, c.133 (C.2C:7-2). For any defendant convicted, adjudicated delinquent or acquitted by reason of insanity for a sex offense on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the court at the time of sentencing shall notify the defendant of his registration obligations as either a lifetime, 25-year, or 15-year registrant, in accordance with subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Any person registered under P.L.1994, c.133 (C.2C:7-1 et al.) who remains subject to that requirement on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be notified by the county prosecutor in the person's county of residence of the person's continuing obligation to register and the changes to the requirements of Megan's Law pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The county prosecutor shall also notify the person of his registration obligations as either a lifetime, 25-year or 15-year registrant in accordance with section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and inform the person of the opportunity to challenge the proposed designation, in accordance with procedures established by the Attorney General.
b. The Department of Corrections, the Administrative Office of the Courts, the Juvenile Justice Commission [established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170)], the State Parole Board and the Department of Human Services shall [(a)] (1) establish or revise, as appropriate, procedures for notifying persons under their supervision of the obligation to register pursuant to [this act] P.L. , c. (C. ) (pending before the Legislature as this bill) and [(b)] (2) establish or revise, as appropriate, procedures for registration by persons with the appropriate law enforcement agency who are under supervision in the community on probation, parole, furlough, work release or similar program outside the facility, and registration with the appropriate law enforcement agency of persons who are released from the facility in which they are confined without supervision.
[(3)] c. The [Division of Motor Vehicles in the Department of Law and Public Safety] Motor Vehicle Commission shall provide notice of the obligation to register pursuant to this section in connection with each application for a license to operate a motor vehicle and each application for an identification card issued pursuant to section 2 of P.L.1980, c.47 (C.39:3-29.3).
[(4) The Attorney General shall cause notice of the obligation to register to be published in a manner reasonably calculated to reach the general public within 30 days of the effective date of this act.]
(cf: P.L.1995, c.280, s.19)
4. Section 4 of P.L.1994, c.133 (C.2C:7-4) is amended to read as follows:
4. a. [Within 60 days of the effective date of this act, the] The Superintendent of State Police, with the approval of the Attorney General, shall prepare or revise, as appropriate, the form of registration statement as required in subsection b. of this section and shall [provide] make such forms available electronically to each organized full-time municipal police department or force, the Department of Corrections, the Administrative Office of the Courts [and], the Department of Human Services, the Juvenile Justice Commission, each county jail, and each county correctional or juvenile facility. [In addition, the Superintendent of State Police shall make such forms available to the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).]
b. The form of registration required by this act shall include:
(1) [A statement in writing signed by the person required to register acknowledging that the person has been advised of the duty to register and reregister imposed by this act and including the person's name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence, address of any current temporary residence, date and place of employment; and any anticipated or current school enrollment, including but not limited to enrollment at or employment by any institution of higher education;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(2) [Date and place of each conviction, adjudication or acquittal by reason of insanity, indictment number, fingerprints, and a brief description of the crime or crimes for which registration is required; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(3) [Any other information that the Attorney General deems necessary to assess risk of future commission of a crime, including criminal and corrections records, nonprivileged personnel, treatment, and abuse registry records, and evidentiary genetic markers when available.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(4) A statement in writing signed by the person required to register acknowledging that the person has been advised of the duty to register and reregister imposed by this act and soliciting the following information from the person required to register:
(a) the person's name, actual and any purported social security number, and actual and any purported date of birth;
(b) any aliases, nicknames, or pseudonyms used by the person or any other ethnic or tribal name by which the person is commonly known;
(c) the address of any and all residences where the person resides or will reside, including any current temporary residence or, if the person has no permanent residence, any location where the person habitually lives;
(d) the name, address, and date of any place of employment;
(e) the name and address of place of any anticipated or current school enrollment including, but not limited to, enrollment at or employment by any institution of higher education;
(f) any telephone numbers used by the person, including land lines and cell phone numbers, and any other designations used for purposes of routing or self-identification in telephonic communications;
(g) any e-mail or Internet identifier used by that person, including but not limited to e-mail addresses, instant messaging addresses or identifiers, and any other designations used for self-identification in Internet communications or postings or for purposes of routing;
(h) the license plate number and description, including color, make and model, of any motor vehicle, vessel or aircraft owned or operated by the person, and the permanent or frequent location where such vehicles are kept; and
(i) any other information required by the United States Attorney General or the Attorney General of New Jersey.
(5) The following information concerning the person required to register shall be provided in or with the registration form:
(a) a physical description of the person, including race, sex, date of birth, height, weight, hair and eye color;
(b) a current photograph of the person required to register;
(c) a set of fingerprints, palm print and DNA sample provided by the person required to register;
(d) a photocopy or digitized copy of a State-issued driver's license or other picture identification issued by the State of New Jersey;
(e) a photocopy or digitized copy of a passport or immigration documents;
(f) professional licensing information;
(g) date and place of each conviction, adjudication or acquittal by reason of insanity, indictment number, fingerprints, and a brief description of the crime or crimes for which registration is required;
(h) any other information that the Attorney General of New Jersey deems necessary; and
(i) any other information required by the United States Attorney General.
(6) The superintendent shall establish a procedure to ensure that registration information maintained as part of the registry database includes the person's criminal history, including all arrest and conviction dates, and the parole, probation or release status of the person, the person's registration status, and the status of any outstanding warrants.
c. Within three days of receipt of a registration pursuant to subsection c. of section 2 of [this act] P.L.1994, c.133 (C.2C:7-2), the registering agency shall forward the statement and any other required information to [the prosecutor who shall, as soon as practicable, transmit the form of registration to] the Superintendent of State Police [, and, if the registrant will reside in a different county, to the prosecutor of the county in which the person will reside. The] and a hard or electronic copy to the prosecutor of the county in which the person will reside [shall transmit the form of registration to the law enforcement agency responsible for the municipality in which the person will reside and other appropriate law enforcement agencies. The superintendent shall promptly transmit the conviction data and fingerprints to the Federal Bureau of Investigation].
d. The Superintendent of State Police shall maintain a central registry of registrations provided pursuant to this act. The Attorney General shall establish procedures governing the collection, transmission, updating, and sharing of the information required pursuant to this section including, but not limited to, the provision of relevant notification and registration information to appropriate agencies and transmission of registration information to the United States Attorney General for inclusion in the National Sex Offender Registry.
e. Each county prosecutor and police department or force, the Division of State Police, the Department of Corrections, and the State Parole Board shall maintain access to the federal SORNA Exchange Portal to share information about registrants who relocate among jurisdictions or are required to register in more than one jurisdiction.
(cf: P.L.2003, c.34, s.2)
5. Section 5 of P.L.1994, c.133 (C.2C:7-5) is amended to read as follows:
5. a. Records maintained pursuant to this act shall be open to the United States Department of Housing and Urban Development in accordance with federal law, any law enforcement agency in this State, the United States, or any other state, and may be released to the Division of Youth and Family Services in the Department of Children and Families for use in carrying out its responsibilities under law. Law enforcement agencies in this State shall be authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection in accordance with the provisions of P.L.1994, c.128 (C.2C:7-6 et seq.) or authorized pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.
c. Nothing in [this act] P.L.1994, c.133 (C.2C:7-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in subsection d. of this section.
d. Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any persons that pose a danger under circumstances that are not enumerated in this act.
(cf: P.L.2006, c.47, s.23)
6. Section 4 of P.L.1994, c.128 (C.2C:7-9) is amended to read as follows:
4. Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in [this act] P.L.1994, c.128 (C.2C:7-6 et seq.), P.L.1994, c.133 (C.2C:7-1 et al.), or P.L. , c. (C. ) (pending before the Legislature as this bill) 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.
(cf: P.L.1994, c.128, s.4)
7. Section 2 of P.L.2001, c.167 (C.2C:7-13) is amended to read as follows:
2. a. Pursuant to the provisions of this section, the Superintendent of State Police shall develop and maintain a system for making certain information in the central registry established pursuant to subsection d. of section 4 of P.L.1994, c.133 (C.2C:7-4) publicly available by means of electronic Internet technology.
b. The public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning all [offenders whose risk of re-offense is high or for whom the court has ordered notification in accordance with paragraph (3) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8), regardless of the age of the offender] persons required to register under subsection a. of section 2 of P.L.1994, c.133 (C:2C:7-2), except for those persons required to register under subparagraph (b) of paragraph (1) of subsection a. of section 2 of P.L.1994, c.133 (C:2C:7-2), as amended by P.L. , c. (C. ) (pending before the Legislature as this bill).
c. [Except as provided in subsection d. of this section, the public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning offenders whose risk of re-offense is moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8)] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill).
d. [The individual registration record of an offender whose risk of re-offense has been determined to be moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8) shall not be made available to the public on the Internet registry if the sole sex offense committed by the offender which renders him subject to the requirements of P.L.1994, c.133 (C.2C:7-1 et seq.) is one of the following:
(1) An adjudication of delinquency for any sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2);
(2) A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 under circumstances in which the offender was related to the victim by blood or affinity to the third degree or was a resource family parent, a guardian, or stood in loco parentis within the household; or
(3) A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 in any case in which the victim assented to the commission of the offense but by reason of age was not capable of giving lawful consent.
For purposes of this subsection, "sole sex offense" means a single conviction, adjudication of guilty or acquittal by reason of insanity, as the case may be, for a sex offense which involved no more than one victim, no more than one occurrence or, in the case of an offense which meets the criteria of paragraph (2) of this subsection, members of no more than a single household] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill.
e. [Notwithstanding the provisions of paragraph d. of this subsection, the individual registration record of an offender to whom an exception enumerated in paragraph (1), (2) or (3) of subsection d. of this section applies shall be made available to the public on the Internet registry if the State establishes by clear and convincing evidence that, given the particular facts and circumstances of the offense and the characteristics and propensities of the offender, the risk to the general public posed by the offender is substantially similar to that posed by offenders whose risk of re-offense is moderate and who do not qualify under the enumerated exceptions] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
f. [The individual registration records of offenders whose risk of re-offense is low or of offenders whose risk of re-offense is moderate but for whom the court has not ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8) shall not be available to the public on the Internet registry] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
g. The information concerning a registered offender to be made publicly available on the Internet shall include: the offender's name and any aliases the offender has used or under which the offender may be or may have been known; any sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) for which the offender was convicted, adjudicated delinquent or acquitted by reason of insanity, as the case may be; the date and location of disposition; the statutory text and a brief description of any such offense, including the victim's gender and indication of whether the victim was less than 18 years old or less than 13 years old; [a general description of the offender's modus operandi, if any; the determination of whether the risk of re-offense by the offender is moderate or high;] the offender's age, race, sex, date of birth, height, weight, hair, eye color and any distinguishing scars or tattoos; a photograph of the offender and the date on which the photograph was entered into the registry; the make, model, color, year and license plate number of any vehicle operated by the offender; [and] the street address, zip code, municipality and county in which the offender resides; and the street address, zip code, municipality and county of any place of employment or school enrollment.
h. The Internet registry established under this section shall also include information advising the public when an offender cannot be located or is in violation of the registration requirements established under this act.
i. The Internet registry system established under this section shall make available to the public the information provided in subsection g. of this section for each person required to register, which shall be accessible in response to a single query for any given zip code or geographic radius requested. The design of the system shall include all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website established pursuant to 42 U.S.C. s.16920.
j. The Superintendent of State Police is authorized to provide access to the information contained in the registry as needed to comply with the federal "Sex Offender Registration and Notification Act," 42 U.S.C. s.16901 et seq., and any guidelines issued thereunder, and shall provide such information as may be necessary for participation in the Dru Sjodin National Sex Offender Public Website established pursuant to 42 U.S.C. s.16920.
(cf: P.L.2004, c.151, s.1)
8. Section 3 of P.L.2001, c.167 (C.2C:7-14) is amended to read as follows:
3. The Attorney General shall:
a. Ensure that the Internet registry contains warnings that any person who uses the information contained therein to threaten, intimidate or harass another, or who otherwise misuses that information may be criminally prosecuted;
b. Ensure that the Internet registry contains an explanation of its limitations, including statements advising that a positive identification of an offender whose registration record has been made available may be confirmed only by fingerprints; that some information contained in the registry may be outdated or inaccurate; and that the Internet registry is not a comprehensive listing of every person who has ever committed a sex offense in New Jersey;
c. Strive to ensure the information contained in the Internet registry is accurate, and that the data therein is revised and updated as appropriate in a timely and efficient manner [;] and immediately provided to any other jurisdiction in which the offender is required to register;
d. Provide in the Internet registry information designed to inform and educate the public about sex offenders and the operation of Megan's Law, as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to relevant web sites operated by the State of New Jersey;
e. Establish procedures governing county prosecutor notification to persons registered under P.L.1994, c.133 (C.2C:7-1 et al.) who remain subject to that requirement on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the continuing obligation to register, the changes to the requirements of Megan's Law, determination of the person's registration obligations as either a lifetime, 25-year, or 15-year registrant, and opportunity to challenge the determination;
f. Develop procedures applicable to challenges to determinations of a person's registration obligations as either a lifetime, 25-year, or 15-year registrant in accordance with section 12 of P.L. , c. (C. ) (pending before the legislature as this bill) for offenders whose registration obligations arose prior to the effective date of this law; and
g. Establish procedures governing the provision of new and updated registration information to entities set forth in subsection a. of section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) and for requests for notification of new and updated registration information by organizations, companies and individuals pursuant to paragraph (7) of subsection a. of section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.167, s.3)
9. Section 4 of P.L.2001, c.167 (C.2C:7-15) is amended to read as follows:
4. No action shall be brought against any person for failure to investigate or disclose any information from the registry that is compiled or made available to the citizens of this State pursuant to P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.167, s.4)
10. Section 5 of P.L.2001, c.167 (C.2C:7-16) is amended to read as follows:
5. a. Any information disclosed pursuant to [this act] P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill) may be used in any manner by any person or by any public, governmental or private entity, organization or official, or any agent thereof, for any lawful purpose consistent with the enhancement of public safety.
b. Any person who uses information disclosed pursuant to [this act] P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill) to commit a crime shall be guilty of a crime of the third degree. Any person who uses information disclosed pursuant to [this act] P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) ( pending before the Legislature as this bill) to commit a disorderly persons or petty disorderly persons offense shall be guilty of a disorderly persons offense and shall be fined not less than $500 or more than $1,000, in addition to any other penalty or fine imposed.
c. Except as authorized under any other provision of law, use of any of the information disclosed pursuant to [this act] P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) ( pending before the Legislature as this bill) for the purpose of applying for, obtaining, or denying any of the following, is prohibited:
(1) Health insurance;
(2) Insurance;
(3) Loans;
(4) Credit;
(5) Education, scholarships, or fellowships;
(6) Benefits, privileges, or services provided by any business establishment, unless for a purpose consistent with the enhancement of public safety; or
(7) Housing or accommodations.
d. Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information disclosed pursuant to [this act] P.L.2001, c.167 (C.2C:7-12 et seq.) or P.L. , c. (C. ) (now pending before the Legislature as this bill), the Attorney General, or any county or municipal prosecutor having jurisdiction, or any person aggrieved by the misuse of that information is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of and in addition to any other remedies or procedures that may be available under other provisions of law.
e. Evidence that a person obtained information about an offender from the Internet registry within one year prior to committing a criminal offense against that offender shall give rise to an inference that the person used information in violation of subsection b. of this section.
(cf: P.L.2001, c.167, s.5)
11. Section 3 of P.L.2007, c.128 (C.30:4-123.91) is amended to read as follows:
3. a. As used in this act:
"Chairman" means the Chairman of the State Parole Board.
"Monitored subject" means:
(1) [a person whose risk of reoffense has been determined to be high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8); and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(2) a person [who] whom the chairman deems appropriate for continuous satellite-based monitoring pursuant to the provisions of this act and who:
(a) was subject to civil commitment as a "sexually violent predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.) and has been conditionally discharged or discharged pursuant to section 13 of P.L.1998, c.71 (C.30:4-27.36);
(b) has been sentenced to a term of community or parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4); [or]
(c) has been convicted of or adjudicated delinquent for a sex offense enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) and the victim of the offense was under 18 years of age or 60 years of age or older, regardless of the date of conviction; or
(d) has been convicted of or adjudicated delinquent for a sex offense enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) and who is either a lifetime or 25-year registrant pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. [In addition to those offenders whose risk of reoffense has been determined to be high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8), the] The chairman, in exercising his discretion in determining subjects to monitor through time correlated or continuous tracking of their geographic location under the program authorized by this act, shall consider the risk to the public posed by the subject, based on relevant risk factors such as the seriousness of the offense, the age of the victim or victims, the degree of force and contact, and any other factors the chairman deems appropriate. Time correlated or continuous tracking of the offender's geographic location shall not be provided during the time a monitored subject is in custody due to arrest, incarceration or civil commitment.
c. Nothing in this act shall be construed to preclude a judge from ordering time correlated or continuous tracking of the person's geographic location or other electronic monitoring as a condition of discharge of a person committed pursuant to P.L.1998, c.71 (C.30:4-27.24 et al.), or as a condition or requirement of supervision for any other person sentenced pursuant to N.J.S.2C:45-1 or sentenced to a term of community or parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4).
(cf: P.L.2007, c.128, s.3)
12. (New section) a. On or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the registration obligations of a person required to register pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2) shall be determined as follows:
(1) The person shall be a 15-year registrant if the offense giving rise to the registration obligation included:
(a) a conviction, adjudication of delinquency, or a finding of not guilty by reason of insanity for any of the following sex offenses: endangering the welfare of a child pursuant to subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); luring or enticing an adult pursuant to section 1 of P.L.2005, c.1 (C.2C:13-7); kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3, if the victim is a minor and the offender is not the parent of the victim; lewdness pursuant to subsection b. of N.J.S.2C:14-4; invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9);
(b) a conviction for any of the following federal offenses: video voyeurism of a minor pursuant to 18 U.S.C. s.1801; receipt or possession of child pornography pursuant to 18 U.S.C. s.2252; receipt or possession of child pornography pursuant to 18 U.S.C. s.2252A; misleading domain names on the internet pursuant to 18 U.S.C. s.2252B; misleading words or digital images on the internet pursuant to 18 U.S.C. s.2252C; coercion to engage in prostitution pursuant to 18 U.S.C. s.2422(a); travel with the intent to engage in illicit conduct pursuant to 18 U.S.C. s.2423(b); engaging in illicit conduct in foreign places pursuant to 18 U.S.C. s.2423(c); failure to file factual statement about an alien individual pursuant to 18 U.S.C. s.2424; or transmitting information about a minor to further criminal sexual conduct pursuant to 18 U.S.C. s.2425; or
(c) a conviction for a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119, codified at (10 U.S.C. s.951 note), that is similar to the offenses specified in this paragraph.
Notwithstanding any provision in this section, a person who had previously committed an offense which gave rise to obligations for the person to register as a 15-year registrant shall register as a 25-year registrant if that person is thereafter convicted, adjudicated delinquent, or found not guilty by reason of insanity for an offense which would otherwise obligate the person to register as a 15-year registrant.
(2) The person shall be a 25-year registrant if the offense giving rise to the registration obligation included:
(a) a conviction, adjudication of delinquency or a finding of not guilty by reason of insanity for any of the following sex offenses: endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; criminal sexual contact pursuant to subsection b. of N.J.S.2C:14-3 if the victim is a minor; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; human trafficking involving engaging in sexual activity pursuant to paragraph (1) of subsection a. of section 1 of P.L.2005, c.77 (C.2C:13-8); prostitution pursuant to paragraph (7) of subsection b. of N.J.S.2C:34-1;
(b) a conviction for any of the following federal offenses: sex trafficking by force, fraud or coercion pursuant to 18 U.S.C. s.1591; sexual abuse of a minor or ward pursuant to 18 U.S.C. s.2243; abusive sexual contact, where the victim is 13 years of age or older pursuant to 18 U.S.C. s.2244; sexual exploitation of children pursuant to 18 U.S.C. s.2251; selling or buying of children pursuant to 18 U.S.C. s.2251A; material involving the sexual exploitation of a minor pursuant to 18 U.S.C. s.2252; production or distribution of material containing child pornography pursuant to 18 U.S.C. s.2252A; production of sexually explicit depictions of a minor for import into the United States pursuant to 18 U.S.C. s.2260; transportation of a minor for illegal sexual activity pursuant to 18 U.S.C. s.2421; coercing a minor to engage in prostitution pursuant to 18 U.S.C. s.2422(b); transporting a minor to engage in illicit conduct pursuant to 18 U.S.C. s.2423 (a); or
(c) a conviction for a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119, codified at (10 U.S.C. s.951 note), that is similar to the offenses specified in this paragraph.
Notwithstanding any provision in this section, a person determined to have registration obligations as a 25-year registrant who is thereafter convicted, adjudicated delinquent or acquitted by reason of insanity of a subsequent sex offense shall be obligated to register as a lifetime registrant.
Notwithstanding any provision in this section, a person who had previously committed an offense which gave rise to obligations for the person to register as a 15-year or 25-year registrant shall be obligated to register as a lifetime registrant if that person is convicted, adjudicated delinquent, or found not guilty by reason of insanity of an offense which would otherwise obligate the person to register as a 25-year registrant.
(3) The person shall be a lifetime registrant if the offense giving rise to the registration obligation included:
(a) a conviction, adjudication of delinquency or a finding of not guilty by reason of insanity for any of the following sex offenses: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to subparagraph (a) or (b) of 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;
(b) a conviction for any of the following federal offenses: aggravated sexual abuse pursuant to 18 U.S.C. s.2241; sexual abuse pursuant to 18 U.S.C. s.2242 or, where the victim is 12 years of age or younger, abusive sexual contact pursuant to 18 U.S.C. s.2244; offenses resulting in death pursuant to 18 U.S.C. s.2245; or
(c) a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119, codified at (10 U.S.C. s.951 note), that is similar to the offenses specified in this paragraph.
b. (1) A 15-year registrant shall appear in person every 365 days after initial registration at the appropriate law enforcement agency in the registrant's place of residence, employment and school to verify the information contained in the registry, submit to having a current photograph taken and, if so requested by the law enforcement agency, provide fingerprints or palm prints.
(2) A 25-year registrant shall appear in person every 180 days after initial registration at the appropriate law enforcement agency in the registrant's place of residence, employment and school to verify the information contained in the registry, submit to having a current photograph taken and, if so requested by the law enforcement agency, provide fingerprints or palm prints.
(3) A lifetime registrant shall appear in person every 90 days after initial registration at the appropriate law enforcement agency in the registrant's place of residence, employment and school to verify the information contained in the registry, submit to having a current photograph taken and, if so requested by the law enforcement agency, provide fingerprints or palm prints.
c. Except as otherwise provided in subsection d. of this section:
(1) A 15-year registrant shall comply with the registration and verification requirements set forth in this section for a period of 15 years following initial registration, and may make application to the Superior Court of this State to terminate the obligation prior to the expiration of 15 years upon proof that the person (a) has not been convicted, adjudicated delinquent or found not guilty by reason of insanity of any crime or sex offense for a period of at least 10 years from the time of initial registration, (b) has successfully completed any periods of supervised release, probation, and parole, (c) has successfully completed an approved sex offender treatment program, and (d) is not likely to pose a threat to the safety of others;
(2) A 25-year registrant shall comply with the registration and verification requirements set forth in this section for a period of 25 years, which obligation shall not be terminated sooner, but a 25-year registrant who was adjudicated delinquent for a sex offense may make application to the Superior Court of this State to terminate the obligation upon proof that the person (a) has not been convicted, adjudicated delinquent, or found not guilty by reason of insanity of any crime or sex offense for a period of at least 15 years from the time of initial registration, (b) has successfully completed any periods of supervised release, probation, and parole, (c) has successfully completed an approved sex offender treatment program, and (d) is not likely to pose a threat to the safety of others; and
(3) A lifetime registrant shall comply with the registration and verification requirements set forth in this section for life, but a lifetime registrant who was adjudicated delinquent for a sex offense may make application to the Superior Court of this State to terminate the obligation upon proof that the person (a) has not been convicted, adjudicated delinquent, or found not guilty by reason of insanity of any crime or sex offense for a period of at least 25 years from the time of initial registration, (b) has successfully completed any periods of supervised release, probation, and parole, (c) has successfully completed an appropriate sex offender treatment program approved by the appropriate registering agency, and (d) is not likely to pose a threat to the safety of others.
d. Notwithstanding subsection c. of this section, a person required to register based upon an adjudication of delinquency for a sex offense committed when the person was under 14 years of age may upon reaching 18 years of age make application to the Superior Court of this State to terminate the obligation upon proof by clear and convincing evidence that the person is not likely to pose a threat to the safety of others.
13. (New section) a. Upon receipt of a new registration or updated registration information concerning a person registered pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2), the Superintendent of State Police shall immediately provide the information concerning a registered offender authorized to be made publicly available under subsection g. of section 2 of P.L.2001, c.167 (C.2C:7-13), to the following:
(1) the United States Attorney General;
(2) appropriate law enforcement agencies, including probation agencies if appropriate, and each school and public housing agency in each area in which the registrant resides, is an employee or is a student;
(3) each jurisdiction, including every state, the District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa, Northern Mariana Islands, and United States Virgin Islands, and any Indian tribe recognized by the federal government electing to comply with the federal "Sex Offender Registration and Notification Act," 42 U.S.C. s.16901 et seq., where a registrant resides, is an employee or is a student, and each such jurisdiction to which a change of residence, employment or student status occurs;
(4) any agency responsible for conducting employment-related background checks under section 3 of the federal "National Child Protection Act of 1993," 42 U.S.C. s.5119a;
(5) social service entities responsible for protecting minors in the child welfare system;
(6) volunteer organizations in which contact with minors or other vulnerable individuals might occur; and
(7) any organization, company, or individual who requests such notification pursuant to procedures established by the Attorney General.
b. An organization or individual described in paragraph (6) or (7) of subsection a. of this section may request to receive the notification provided under this section at least once every five business days.
c. If a registrant fails to appear for registration as required by this act, the appropriate law enforcement agency or other entity shall take or cause to be taken appropriate action to ascertain whether the registrant has absconded and take appropriate action, including investigation, revision of registry information to reflect that the registrant is an absconder or cannot be located, and issuance of such warrants and notifications as may be required.
14. (New section) Any person subject to the registration requirements set forth in subsection a. of section 2 of P.L.1994, c.133 (C.2C:7-2) on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), who has been classified as low, moderate, or high risk of re-offense pursuant to section 3 of P.L.1994, c.128, and whose registration obligation has not been terminated by order of the Superior Court of this State in accordance with subsection f. of P.L.1994, c.133 (C.2C:7-2) shall continue to be subject to the registration requirements set forth in section 2 of P.L.1994, c.133 (C.2C:7-2), as amended by P.L. , c. (C. ) (pending before the Legislature as this bill). The classification of low, moderate, or high risk of re-offense shall be nullified and of no effect for purposes of community notification pursuant to section 3 of P.L.1994, c.128 and public access to the person's individual registration record on the Internet registry pursuant to section 2 of P.L.2001, c.167 (C.2C:7-13). As soon as practicable, the county prosecutor in the person's county of residence shall determine whether such person is obligated to register as a lifetime, 25-year, or 15-year registrant, in accordance with subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), based upon the offense giving rise to the person's registration obligation, and shall provide such person with notice of the proposed designation. A person may contest the county prosecutor's determination as to his registration obligations, but only on the grounds that the information contained in the person's record is inaccurate or that the offense giving rise to the person's registration obligation has not been properly classified in accordance with section 12 of P.L. , c. , (C. ) (pending before the Legislature as this bill). A person contesting the county prosecutor's determination shall have the opportunity to seek judicial review in accordance with procedures established by the Administrative Director of the Administrative Office of the Courts, in consultation with the Attorney General and Public Defender of New Jersey.
15. Section 8 of P.L.2001, c.167 (C.2C:7-19) is amended to read as follows:
8. [This act and the] The system of registration and community notification provided pursuant to P.L.1994, c.133 [and] (C.2C:7-1 et al.), P.L.1994, c.128 [(C.2C:7-1 through 11)] (C.2C:7-6 et seq.), P.L.2001, c.167 (C.2C:7-12 et seq.), and P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as "Megan's Law."
(cf: P.L.2001, c.167, s.8)
16. The following sections are repealed:
Sections 3 and 6 of P.L.1994, c.128 (C.2C:7-8 and 2C:7-11); and
Section 7 of P.L.2001, c.167 (C.2C:7-18).
17. This act shall take effect on the first day of the sixth month following enactment, provided however that the Attorney General, Superintendent of State Police, Commissioner of Corrections, Commissioner of Human Services, Executive Director of the Juvenile Justice Commission, Chairman of the State Parole Board, Administrative Director of the Administrative Office of the Courts, county prosecutors, and chief law enforcement officers of local police departments and forces may take such anticipatory action in advance as may be necessary to effectuate the provisions of this act.
STATEMENT
This bill revises New Jersey's Megan's Law in response to requirements of the Sex Offender Registration and Notification Act (hereinafter "SORNA"), enacted as part of the federal "Adam Walsh Child Protection and Safety Act of 2006."
SORNA created standards for state sex offender registration and community notification. In response to SORNA, this bill revises the scope, manner and format of the disclosure to the general public of information pertaining to the identity, specific and general whereabouts, physical characteristics, and criminal history of persons found to have committed a sex offense.
Under the SORNA scheme, information about adult sex offenders would be made available to the public through the Internet for the duration of the person's registration obligations under the law. In consideration of the circumstances of juvenile sex offenders and the interest in their rehabilitation, this bill requires them to register but does not include their information on the Internet registry unless the juvenile was tried as an adult.
Under the bill's provisions, the offender will be classified as a 15-year, 25-year or lifetime registrant based upon the offense committed. This bill, as does current law, requires sex offenders to verify their addresses with the appropriate law enforcement agency. The SORNA verification requirements implemented under this bill are based upon the offender's classification as a 15-year, 25-year or lifetime registrant. A 15-year registrant will be required to verify his or her address with the appropriate law enforcement agency every 365 days; a 25-year registrant, every 180 days. A lifetime registrant is required to verify his or her address every 90 days.
Under current law, New Jersey uses a risk-based tier classification process. The county prosecutors conduct a risk assessment for each convicted sex offender to determine the offender's risk of committing future offenses; the offender's tier classification for purposes of registration and the type of notification to the community are based upon the risk assessment. SORNA, however, bases the offender's obligation to register upon the sex offense committed, which allows a more expedient process. This bill requires that the offender be classified at the time of sentencing, which eliminates a potential gap in time between a registrant's release from custody or relocation and actual notification while awaiting completion of the risk-based tier classification process. The bill also requires the information to be provided to the National Sex Offender Registry and to be exchanged with other states when registered sex offenders relocate to or from or travel to this State. Utilizing a system of offense-based classification also permits New Jersey to avoid a 10 percent reduction annually in the State allocated share of federal Edward Byrne law enforcement grant funding.
The Internet publication scheme envisioned by SORNA that this bill implements provides the public with information about a greater number of sex offenders than the information provided under current law. SORNA employs geographically-based Internet searches and electronic notification rather than the cumbersome and resource-intensive process of hand-delivery of notification fliers. This bill provides for a more efficient, uniform, and fiscally prudent system of registration and notification that promotes public safety by: (1) providing access to relevant information about sex offenders, and (2) enabling responsible organizations and individuals to take appropriate precautions to protect themselves and those in their care from the risk posed by sex offenders.
The bill upgrades penalties associated with sex offender registration and certain information sex offenders are required to provide from crimes of the fourth degree to crimes of the third degree: (1) failing to notify law enforcement concerning access to or use of a computer and any e-mail address or identifier; (2) knowingly providing false information regarding residence or failing to verify address information with law enforcement; and (3) failing to notify law enforcement of a change in address or status. In addition, the bill requires offenders to notify law enforcement of any international travel at least 21 days in advance. Any offender who fails to notify law enforcement or provides false information concerning international travel is guilty of a crime of the third degree.
In 2007, the Legislature noted questions concerning whether Megan's Law is consistently applied in the 21 counties. The system of registration and notification created in this bill provides for a more uniform and consistent classification scheme, regardless of the registrant's county of residence. Sex offender registration and notification will be more effective in today's mobile society if laws are consistent among the states and other jurisdictions and cannot be evaded by moving between jurisdictions to take advantage of potential time gaps and loopholes.
