New Jersey Section 2C:7-13 – Development, maintenance of system on the Internet registry.
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New Jersey Law Requires Sex Offender Registry on the Internet
New Jersey has a law called Megan’s Law that requires convicted sex offenders to register with law enforcement and for that information to be made available to the public. One part of the law, Section 2C:7-13, specifically covers the development and maintenance of an online sex offender registry.
Background on Megan’s Law
Megan’s Law was passed in New Jersey in 1994 after the tragic rape and murder of 7-year-old Megan Kanka by a convicted sex offender living across the street from her family. The public was outraged that they were not aware such a dangerous person was living nearby. So the New Jersey Legislature passed a set of bills aimed at increasing community awareness about convicted sex offenders.
The key components of Megan’s Law included:
- Requiring convicted sex offenders to register with local law enforcement upon release from prison or when moving to a new town
- Authorizing law enforcement to notify schools, community organizations, and residents about high-risk sex offenders in the area
- Establishing an online public registry of convicted sex offenders
Megan’s Law has since been adopted by all 50 states and the federal government. The federal law is referred to as the Sex Offender Registration and Notification Act (SORNA).
What Section 2C:7-13 Covers
Section 2C:7-13 specifically covers the requirement for the New Jersey State Police to develop and maintain an online sex offender registry that is available to the public on the internet.
Some key aspects of this section include:
- The internet registry must include offenders’ names, photographs, physical descriptions, criminal offenses, addresses, and other relevant information
- It must be searchable by offender’s name, county, and municipality at a minimum
- The registry must prominently warn users that the information should not be used to commit crimes against any individual
- The registry should include links to relevant laws and policies regarding its use
- The system must allow state, county, and local law enforcement to access additional non-public information
The online registry can be found at www.njsp.org/sex-offender-registry. It currently provides the ability to search for offenders by name, county, city/town, or zip code.
Implementation and Maintenance
The New Jersey State Police are responsible for the ongoing development and maintenance of the online sex offender registry. They work with county prosecutors’ offices and local police departments who handle the initial registration of offenders when they are released from incarceration or move into the state.
The State Police oversee the technology and infrastructure that powers the registry website. This includes hosting the site on secure servers and ensuring the database is accurate and up-to-date. They also handle adding new registrants and updating information on current registrants as needed.
The online registry pulls information directly from the state’s central sex offender database. So anytime an offender’s status changes, such as moving residences, that should be reflected on the public website within a matter of days.
Oversight and Funding
The New Jersey Attorney General’s office provides oversight and guidance for the implementation of Megan’s Law, including the online registry. They issue directives to law enforcement agencies on complying with the law’s provisions.
The State Police receive funding from both state budget appropriations and federal grants to maintain the sex offender registry. Costs include IT infrastructure, software, personnel, and training. In recent years, total funding has been around $3 million annually.
Limitations and Criticisms
While Megan’s Law has strong public support, especially from parents, some aspects are controversial. Critics argue the online registry leads to harassment of former offenders, even after they have served their sentences. And there are concerns it creates a false sense of security since strangers commit only a small portion of sex crimes.
There are also limitations in the registry data itself. It is dependent on offenders properly registering and updating their information. And it mainly includes those convicted since the law was passed in 1994, not older offenses.
Ongoing Legal Challenges
Certain aspects of Megan’s Law have faced legal challenges over the years, leading to modifications in the law. In the late 1990s, the ACLU sued over the lack of a process for individuals to appeal their registry status. This led to the creation of a Registrant Risk Assessment Scale and hearing process.
More recently, offenders have challenged registration requirements for crimes committed as juveniles or low-level offenses. In 2021, the NJ Supreme Court ruled mandatory lifetime registration unconstitutional in some juvenile cases. Additional lawsuits over the public registry are ongoing.
Recent Changes and Proposed Legislation
In response to court rulings and other concerns, there have been various proposed updates to Megan’s Law in recent years. However, most bills have stalled due to lack of consensus on specifics.
Some changes that have been debated include:
- Allowing shorter registration periods or appeals for removal from the registry
- Excluding low-level offenses like public urination or juvenile crimes
- Only posting certain offenders online versus all registrants
- Limiting which private information is available to the public
It remains to be seen if the NJ Legislature will enact any reforms to Megan’s Law and the online sex offender registry requirements. But Section 2C:7-13 will likely remain a key part of the law’s framework given the public expectation for transparency around sex crimes.
Conclusion
While not without controversy, New Jersey’s Megan’s Law has brought increased public awareness about convicted sex offenders living in communities statewide for over 25 years now. Section 2C:7-13 specifically mandates an online, publicly searchable registry operated by the State Police. This online database provides access to information about offenders for concerned parents and community members. However, critics argue it goes too far in limiting former offenders’ rights even after serving their time. The legal landscape continues to evolve, so changes to the public registry system may occur in the future. But it remains a centerpiece of sex crime legislation that all states now have in some form.