New Jersey Section 2C:47-4.1 – Transfer out of Adult Diagnostic and Treatment Center

New Jersey Law Allows Some Sex Offenders to Transfer Out of Treatment Center

New Jersey has a law, Section 2C:47-4.1, that allows certain sex offenders who were sentenced to the Adult Diagnostic and Treatment Center (ADTC) to petition for transfer out of the facility. This law, which was enacted in 1998, provides an opportunity for sex offenders who have made progress in treatment to continue their rehabilitation in a less restrictive setting.

The ADTC, located in Avenel, NJ, is a secure facility run by the New Jersey Department of Corrections that provides sex offender-specific treatment and rehabilitation services. Offenders sentenced there under New Jersey’s Sex Offender Act (SOA) can spend many years confined in the ADTC before being released.

Section 2C:47-4.1 provides a mechanism for some of these offenders to transfer out of the ADTC once they have made sufficient progress in treatment and are deemed ready for a lower level of custody. This allows them to complete their rehabilitation and work towards successful community reintegration.

Who is Eligible for Transfer Out of the ADTC?

Not all sex offenders sentenced to the ADTC under the SOA are eligible for transfer out under 2C:47-4.1. The law only applies to those serving definite sentences, meaning they have a set release date in the future. Offenders sentenced to life terms without parole at the ADTC cannot transfer out.

Specifically, 2C:47-4.1 allows the Commissioner of the Department of Corrections to order the transfer of any ADTC inmate serving a definite sentence who meets these criteria:

• They have served at least one-third of their sentence term (or 25 years, whichever is less).
• The Special Classification Review Board determines they are not likely to pose a threat to the community if transferred to another facility.
• A medical or clinical professional determines they have sufficiently progressed in sex offender treatment such that transfer will not interrupt their rehabilitation.

The law provides fairly wide discretion for the Commissioner to decide if and when an inmate has met these standards and can safely transfer out of the ADTC. Victims are also notified prior to any transfer decision.

Where Do Offenders Go After Transferring Out of the ADTC?

Offenders who are approved for transfer out of the ADTC under 2C:47-4.1 are not simply released into the community. The law requires they be transferred to another secure Department of Corrections facility to continue serving their sentence.

This allows them to finish their sentence in a lower security prison that may offer more privileges, programs, and freedom of movement. But they remain confined and are not paroled or released early.

Some advocates have argued that transferring to a lower security prison can better prepare certain sex offenders for eventual release, as the ADTC is an unusually restrictive environment. This gradual transition may promote successful re-entry when their sentence is complete.

What Happens After Release from Prison?

Importantly, all sex offenders sentenced under New Jersey’s SOA face a period of parole supervision for life after being released from confinement, whether they were held at the ADTC or another facility. This means they will be closely monitored in the community by parole officers for the rest of their lives.

Parole supervision for life was enacted to provide ongoing oversight of convicted sex offenders after their release. Depending on the details of their offense, parolees may be subject to conditions like GPS monitoring, restrictions on internet access, counseling requirements, and more. Violating these parole conditions can result in re-incarceration.

How Often is 2C:47-4.1 Used to Transfer Offenders Out of the ADTC?

According to official reports, Section 2C:47-4.1 has not been used extensively to date. In 2012, the Department of Corrections noted that only 4 inmates had been transferred from the ADTC under the law in the previous five years.

However, more recent statistics on the frequency of transfers do not appear to be publicly available. Some attorneys who work with ADTC inmates report submitting multiple petitions for transfer on behalf of clients in recent years.

The strict eligibility criteria likely limit how often 2C:47-4.1 can be applied. And the Commissioner has full discretion in deciding transfer petitions, which introduces further uncertainty into the process.

But for at least some sex offenders sentenced to the ADTC, Section 2C:47-4.1 represents a chance to continue their rehabilitation in a less restrictive setting. How often this law is utilized will remain an important issue given the ADTC houses over 600 inmates as of 2022.

Looking Ahead

The debate over transferring rehabilitated sex offenders from the ADTC seems unlikely to disappear. Victims’ advocates will continue pushing for the strictest possible monitoring of these inmates, while civil liberties groups will argue for recognizing rehabilitation.

The New Jersey Legislature could revisit Section 2C:47-4.1 in the future to clarify procedures, eligibility criteria, and how frequently it should be applied. But for now, the Commissioner of Corrections retains broad discretion in weighing transfer petitions on a case-by-case basis.