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New Jersey Section 2C:7-11 – Notification advisory council established; review of guidelines

New Jersey Section 2C:7-11 – Notification Advisory Council Established; Review of Guidelines

New Jersey’s Megan’s Law, which is contained in Sections 2C:7-1 through 2C:7-11 of the New Jersey Code of Criminal Justice, requires sex offenders to register with local law enforcement and establishes procedures for notifying communities when certain sex offenders move into the area. Section 2C:7-11 originally established a Notification Advisory Council to consult with and provide recommendations to the Attorney General concerning the guidelines for community notification under the law. However, this section was repealed in 2007.

Overview of Megan’s Law in New Jersey

Megan’s Law was enacted in New Jersey in 1994 after 7-year-old Megan Kanka was sexually assaulted and murdered by a neighbor who was a convicted sex offender. The key components of the law include:

• Requiring convicted sex offenders to register with local law enforcement upon release from prison or when moving into a new jurisdiction. Offenders must provide information such as name, address, place of employment, etc.
• Establishing a sex offender registry maintained by the New Jersey State Police. This allows law enforcement agencies to share information on registrants.
• Requiring notification to communities when certain sex offenders move into the area. The level of notification depends on the risk of re-offense by the sex offender.

Megan’s Law has undergone revisions since its enactment. One of the most significant changes was establishing an online registry in 1995 to allow the public to access information on registered sex offenders.

The Notification Advisory Council

Section 2C:7-11 originally established a Notification Advisory Council to consult with and provide recommendations to the Attorney General regarding the guidelines for notification under Megan’s Law.

The Council was comprised of 12 members appointed by the Governor, including members of law enforcement, victims’ rights organizations, and other stakeholders. The role of the Council was to:

• Review the guidelines for law enforcement for notification to communities about released sex offenders moving into the area
• Provide recommendations to enhance the guidelines and procedures for notification
• Ensure notification guidelines were in accordance with the intent of the law in protecting public safety

The Notification Advisory Council was required to review the notification guidelines at least annually and update them as needed based on their recommendations. This provided civilian oversight and input into the implementation of community notification under the law.

Repeal of 2C:7-11

In 2007, the New Jersey Legislature repealed Section 2C:7-11 which had established the Notification Advisory Council.

The reasons cited for repealing this section included:

• The notification guidelines had already been established and implemented, so the role of the Council to consult on their development was less critical.
• Input from stakeholders could be obtained through other means rather than a formal Council.
• Eliminating the Council provided cost savings and efficiency in administration of the law.

While Section 2C:7-11 was repealed, the requirement under the law for the Attorney General to develop and update guidelines for community notification remained intact under Section 2C:7-8.

Implications of the Repeal

The repeal of Section 2C:7-11 in 2007 eliminated the Notification Advisory Council that had been tasked with reviewing community notification guidelines under Megan’s Law in New Jersey. This had several implications:

• Oversight of notification procedures by a civilian council was eliminated. However, law enforcement is still required to follow notification guidelines.
• Cost savings were achieved by eliminating the Council, but some felt this reduced external input into notification policies.
• Responsibility for developing notification guidelines rests solely with law enforcement, specifically the Attorney General.
• External stakeholders can still provide input on notification procedures, but not through a formal advisory council.

While the repeal streamlined administration of Megan’s Law, some felt it reduced civilian oversight over the law’s implementation. However, law enforcement maintains it has implemented notification procedures fairly by following the guidelines. The repeal also reflected that the guidelines had already been established and did not require ongoing review by an advisory council.

Conclusion

The Notification Advisory Council established under Section 2C:7-11 of New Jersey’s Megan’s Law was repealed in 2007. This council had been tasked with reviewing and providing recommendations on the guidelines for community notification when sex offenders moved into local areas. The repeal eliminated formal civilian oversight of notification procedures but also achieved cost savings. While input from external stakeholders is still possible, the responsibility for developing notification guidelines now rests solely with law enforcement. The repeal reflected that guidelines had already been established and ongoing review by an advisory council was less critical over ten years after the law’s enactment. However, some argue external input is still important for fair administration of Megan’s Law’s notification requirements that can have a lasting impact on the lives of convicted sex offenders.