New Jersey’s Section 2C:47-1: What You Need to Know

New Jersey’s criminal justice system can be complex and confusing, especially when it comes to laws regarding sex offenses and treatment of sex offenders. One statute that often raises questions is Section 2C:47-1, which deals with referral of certain sex offenders to an adult diagnostic and treatment center. This article will break down the key provisions of this law in plain language, so you can understand how it works.

What does Section 2C:47-1 cover?

In a nutshell, Section 2C:47-1 allows courts to refer someone convicted of aggravated sexual assault to the Adult Diagnostic and Treatment Center (ADTC) for evaluation and potential confinement/treatment. Let’s break this down further:

• The law applies specifically to defendants convicted of aggravated sexual assault under N.J.S.A. 2C:14-2. This is the most serious sexual offense under New Jersey law.
• Upon conviction, the court may refer the defendant to the ADTC located in Avenel, NJ. This facility serves as New Jersey’s prison for sex offenders.
• At the ADTC, the defendant will undergo psychological examination to determine if their conduct was “characterized by a pattern of repetitive, compulsive behavior.” This essentially means the center evaluates whether the person has traits of a compulsive sex offender.
• Based on the results, the defendant may be confined at the ADTC for sex offender-specific treatment, instead of being sent to a regular correctional facility. Treatment can last for a period equal to the maximum sentence for the underlying offense.
• Defendants remain under confinement at the ADTC until they complete treatment or parole is granted. The ADTC has its own parole board separate from the regular state parole board.

When will Section 2C:47-1 apply?

Courts have discretion whether to invoke Section 2C:47-1 after a conviction. However, they will mainly consider it in two situations:

1. When the defendant has prior sex offense convictions. A pattern of repetitive sex crimes makes it more likely the court will find compulsive behavior warranting ADTC referral.
2. When the facts of the particular aggravated sexual assault conviction suggest potential compulsive traits. For example, an offender who stalked/targeted multiple victims could prompt an ADTC referral.

Not every aggravated sex offender will face a referral. Factors like criminal history, circumstances of the offense, and psychologist evaluations will guide the court’s decision. Defendants also have a right to a hearing before being committed to the ADTC.

What happens after an ADTC referral?

If referred to the ADTC, the offender will first undergo the psychological exam mentioned above. Mental health professionals will extensively interview the defendant and use tools like plethysmography testing to determine if they have characteristics of a compulsive sex offender.

The ADTC will issue a report back to the court confirming whether or not the defendant’s conduct was “characterized by repetitive, compulsive behavior.” If so, the court will formally commit them to the ADTC. If not, they may be sent to a regular correctional facility instead.

Once committed, the offender will be confined at the ADTC for sex offender-specific treatment. This includes group and individual therapy, medication management, and more. Unlike regular incarceration, the focus is rehabilitation rather than just punishment.

Inmates participate in treatment programs until the ADTC determines they are ready for reintegration into society. There is no set timeline. Some offenders may complete treatment in a few years, while others remain confined for decades.

When officials believe treatment is successfully completed, the inmate can be approved for parole. This allows them to reenter society under strict supervision. However, if they violate parole, it may be revoked and the offender sent back to the ADTC.

What about female offenders?

One complexity is that the ADTC historically only housed male offenders. Traditionally, courts could not refer women there under Section 2C:47-1. However, this changed in 1999 after the New Jersey Supreme Court ruled in State v. Bellamy that equal protection requires ADTC access for both genders.

Today, female aggravated sexual assault offenders can also be referred to the ADTC for evaluation and treatment. Women are housed in a separate unit from the men.

Does referral impact the sentence length?

This is a common area of confusion. Importantly, a Section 2C:47-1 referral does NOT change the length of punishment for the underlying offense. For example:

• Defendant is convicted of aggravated sexual assault, which carries a sentence of 10-20 years in prison.
• The court refers defendant to the ADTC under 2C:47-1 for evaluation and treatment.
• Defendant still faces 10-20 years confinement, but will serve out the term at the ADTC instead of a regular prison.

So in terms of sentence length, 2C:47-1 does not make a difference. The law mainly impacts the location and nature of confinement. Time spent in treatment counts toward the original prison sentence imposed.

What about constitutional challenges?

Perhaps due to the law’s potential to indefinitely confine offenders beyond their prison term, Section 2C:47-1 has faced constitutional challenges over the years. However, it has largely survived them.

In 1979, the New Jersey Supreme Court upheld the statute in State v. Clark. The court found it did not violate double jeopardy, due process, or equal protection rights. The U.S. Supreme Court also declined to overturn the law in the 1990s.

However, some procedural protections have been read into 2C:47-1 through case law:

• Defendants have a right to a hearing before being committed to the ADTC.
• Periodic review hearings must be held to continue confinement at the ADTC.
• The ADTC cannot retain offenders after they complete rehabilitation treatment.

So while the core aspects of Section 2C:47-1 remain intact, courts have added certain constraints to prevent constitutional violations.

The takeaway

At its foundation, Section 2C:47-1 allows specialized confinement and treatment for certain aggravated sex offenders. While its implications are serious, the law seeks to balance punishment with rehabilitation.

Knowing the key provisions, procedures, and constitutional considerations surrounding 2C:47-1 allows for better understanding of this unique facet of New Jersey’s criminal justice system. As with any complex statute, consulting an attorney for case-specific guidance is highly recommended as well.