New Jersey Section 2C:7-19 – Citation of acts, system as
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New Jersey’s Sex Offender Registration and Notification Laws
New Jersey has some of the strictest sex offender registration and community notification laws in the United States. These laws, known as “Megan’s Law,” were enacted in 1994 after the brutal rape and murder of 7-year-old Megan Kanka by a convicted sex offender living across the street from her family in Hamilton Township, New Jersey. The crime shocked the nation and led to demands for improved tracking and monitoring of released sex offenders in communities across the country.
Overview of Megan’s Law in New Jersey
In New Jersey, convicted sex offenders are required to register with local law enforcement and notify them of any changes to their name, residence, employment, or student status. The specific requirements depend on whether the offender is categorized as a Tier 1, Tier 2, or Tier 3 offender:
- Tier 1 Offenders: Low risk of re-offense. Required to register for 15 years. Verification every year.
- Tier 2 Offenders: Moderate risk of re-offense. Required to register for 25 years. Verification every 6 months.
- Tier 3 Offenders: High risk of re-offense. Required to register for life. Verification every 3 months.
The risk tier is determined by the sentencing court based on the type of sex crime committed. Tier 1 offenses include non-violent crimes like certain cases of statutory rape. Tier 3 offenses include violent crimes like aggravated sexual assault and repeat sex offenses.
In addition to offender registration, New Jersey also has community notification laws. Schools, youth groups, and other organizations are notified when a moderate or high-risk sex offender moves into the area. And the public has access to a sex offender registry website with information on local offenders.
The Citation System Under Megan’s Law
An important component of Megan’s Law is the requirement for certain offenders to remain subject to parole supervision for life (PSL). Offenders sentenced to PSL can be cited for violations of their parole conditions at any time after their initial sentence is complete.
This citation system allows authorities to quickly sanction sex offenders who break rules like failing to register or living too close to a school. According to New Jersey statute 2C:7-19, citations are handled through an expedited process overseen by the county prosecutor’s office rather than requiring a full court hearing each time.
After a citation is issued, the county prosecutor reviews the allegations and determines if there is probable cause to proceed. If so, a hearing is scheduled before a superior court judge where the offender can contest the charges. But the burden is on the offender to prove they did not commit the violation.
If the judge determines a violation occurred, they can order a wide range of sanctions including fines, probation, community service, counseling, or even jail time. The ability to quickly punish offenders for infractions is intended to improve compliance and enhance public safety.
Controversies and Criticisms of Megan’s Law
While Megan’s Law has strong public support in New Jersey, it has also generated controversy. Civil rights groups argue the registration and notification requirements are overly harsh and infringe on offenders’ rights. The ACLU has challenged aspects of the law like the tier system and internet registries as unconstitutional.
One hotly debated issue is whether Megan’s Law is effective at reducing re-offense rates. Some research has found sex offender registries and notification laws have little impact on recidivism. One study by the New Jersey Department of Corrections concluded the state’s Megan’s Law had “no demonstrated effect” on the rate of sex crimes.
However, other studies have found substantial deterrent effects from stronger registration and monitoring. One academic analysis of Megan’s Law estimated a 13-24% reduction in first-time sex offense rates after the law was enacted. But the impact on repeat offenders was uncertain.
Overall, research to date on Megan’s Law has been mixed and inconclusive according to a review by Princeton University. Additional study on the nuanced effects of different state laws is needed.
Ongoing Legal Challenges to Megan’s Law
Megan’s Law has withstood multiple legal challenges since taking effect in 1994. However, controversies continue over specific provisions.
In 2015, the New Jersey Supreme Court ruled the law’s requirement for certain sex offenders to register life was unconstitutional for those who committed offenses prior to the law passing. The court found retroactive application violated the state ban on ex post facto laws.
Another issue is whether the law violates the U.S. Constitution’s ban on double jeopardy – being punished twice for the same crime. In 2019, a state appellate court said it was unconstitutional to prosecute an offender for the same Megan’s Law violation after already facing parole revocation over it. But the state Supreme Court has yet to rule definitively whether this amounts to double jeopardy.
Going forward, legal challenges and debates over Megan’s Law are likely to continue. But major changes face substantial public opposition given the law’s namesake and original purpose – to prevent failures in monitoring convicted sex offenders after their release.
Conclusion
New Jersey’s Megan’s Law has some of the strictest post-release supervision of sex offenders in the country. While the law has public support, aspects like lifetime registration requirements and community notification still generate controversy. But the underlying goal of improving public safety and reducing re-offense remains politically popular.
The citation system for parole violations provides a mechanism to quickly sanction non-compliant offenders outside of a lengthy court process. However, critics argue it undermines due process rights. And some provisions, like retroactive registry requirements, have been struck down as unconstitutional. As with any far-reaching law, Megan’s Law continues to evolve through legal challenges and revisions.