New Jersey Section 2C:47-3 – Disposition

New Jersey’s Law on Disposition of Sex Offenders Under Section 2C:47-3

New Jersey has a specific law dealing with the disposition of sex offenders who have been convicted of certain crimes. This law is found in Section 2C:47-3 of the New Jersey Code of Criminal Justice. Let’s break it down and see what it says.

When Does This Law Apply?

Section 2C:47-3 applies when all of the following are true:

• The offender has been convicted of a sex offense like sexual assault, child molestation, etc.
• A mental health expert has examined the offender and found a “pattern of repetitive, compulsive behavior.”
• The court believes the offender can be helped with specialized sex offender treatment.

So this law only kicks in if an expert says the offender has an ongoing problem controlling their behavior. The court also has to think treatment could work.

What’s the Process?

If those conditions are met, here is the process:

1. The court orders the Department of Corrections to complete a presentence investigation. This looks at the offender’s background and mental health to help determine sentencing.
2. The court may commit the offender to a facility like the Adult Diagnostic and Treatment Center. This is a secured institution and hospital for sex offenders.
3. The offender undergoes a program of specialized treatment for their mental condition. This aims to help control compulsive sexual behavior.
4. After the offender completes treatment, the court holds a hearing. Experts present reports on whether the treatment worked.
5. If the court is satisfied the offender has made progress, they determine an appropriate sentence. This could involve probation, parole, community supervision, or further treatment.

So the goal is rehabilitation through mental health treatment, not just punishment. But public safety is also considered when deciding what supervision is needed after release.

What About Controversies and Criticisms?

Like any law dealing with sex offenders, Section 2C:47-3 has its controversies. Some argue it violates rights by allowing indefinite civil commitment after a criminal sentence ends. Others say it doesn’t do enough to protect the public from repeat sex crimes.

There are also concerns about the effectiveness of sex offender treatment programs. Some experts believe better community support and stability may work better than attempts to “cure” sexual disorders.

But the intent behind Section 2C:47-3 is to balance punishment with efforts to improve public safety through rehabilitation. It aims to treat sex offenders with mental illness while still imposing appropriate sentences.

The Takeaway

Section 2C:47-3 provides for specialized mental health treatment, instead of just prison, for sex offenders with diagnosed conditions causing criminal sexual behavior. But critics debate whether it works well or fairly. It tries to balance punishment with rehabilitation that could improve public safety. But managing sex offenders remains a complex challenge under any law.

I hope this overview helps explain New Jersey’s law on disposition of certain sex offenders after conviction. Let me know if you have any other questions!