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New Jersey Section 2C:7-2.1 – Verification of residence prior to release from confinement of certain offenders.

New Jersey Section 2C:7-2.1 – Verification of residence prior to release from confinement of certain offenders

In New Jersey, section 2C:7-2.1 of the criminal code deals with verifying the residence of certain sex offenders before they are released from confinement. This law was passed to help monitor sex offenders after their release and prevent them from living near schools or other places where children gather. Here’s an overview of what the law covers:

Who does the law apply to?

Section 2C:7-2.1 applies to people convicted of certain sex crimes in New Jersey. This includes convictions for things like aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, criminal sexual contact, luring or enticing a child, and more. It applies to juveniles who were adjudicated delinquent for these offenses too. Basically, if someone has to register as a sex offender in NJ, this law about verifying their address will apply to them before release.

When does the address verification happen?

The address verification takes place prior to the sex offender’s release from incarceration, parole, or probation. The specific timing depends on the situation:

• For inmates being released from prison, verification happens shortly before their scheduled release date.
• For people on probation or parole, it happens shortly before the probation or parole term is finished.
• For juveniles, it happens before release from a facility or termination of supervision.

The address verification aims to confirm where the sex offender plans to live after their confinement ends. This gives officials a chance to assess if the address is suitable.

What is the process for verification?

Here are the steps involved in verifying a registered sex offender’s address under 2C:7-2.1:

1. The offender provides an address where they intend to reside after release.
2. Law enforcement officials investigate the address and surrounding area.
3. They check if the address is near any schools, parks, playgrounds, daycare centers, or other places where children gather.
4. Officials try to confirm that the offender will actually be residing at that address after release.
5. If the address doesn’t check out or is too close to places children frequent, the offender will be required to provide a different address.
6. This continues until the offender provides an acceptable address that can be verified.

Officials have the right to conduct in-person visits to the address to confirm suitability. They can also consult mapping programs and databases showing proximity to schools, parks, etc. The address verification aims to find a residence that complies with all legal requirements.

What happens if no suitable address can be verified?

If officials are unable to verify any appropriate address for the sex offender, further confinement may be ordered. Specifically:

• The court may order incarcerated inmates to be detained past their original release date.
• Probation or parole terms may be extended for those supervised in the community.
• Juveniles may be kept in a facility until suitable housing is arranged.

This continued confinement happens until either A) the offender provides a verifiable address, or B) maximum confinement periods are reached. The address verification requirement aims to prevent homelessness and increase compliance with residency restrictions.

Are there any exceptions or special cases?

There are a few scenarios where the address verification process may be handled differently:

• If the sex offender is homeless, they must provide a list of places they frequent instead of a residence address.
• For severely disabled offenders who require specialized long-term care, the address of a family member or facility may be used.
• If a suitable residence truly can’t be found despite best efforts, the prosecutor can allow confinement to end once the maximum term is reached.

Officials have some discretion when absolutely no compliant housing can be located. But in general, confinement will be extended until verification or maximum terms are reached.

What is the purpose and impact of this law?

New Jersey’s address verification law has a few main goals and effects:

• It aims to increase public safety by preventing registered sex offenders from living near schools, parks, and other places where children gather.
• It helps ensure sex offenders comply with residency restriction laws after their release from confinement.
• It reduces the chances of offenders becoming homeless, which can make them harder to track and increase recidivism risks.
• However, some argue the law is too restrictive and prevents offenders from reintegrating into society by limiting housing options.

On one hand, strict address verification protects children and gives communities notice of nearby offenders. But it also makes reentry harder for those trying to build stable lives after serving their sentences. There are pros and cons to this law that continue being debated.

Conclusion

Section 2C:7-2.1 is an important New Jersey law that aims to monitor where registered sex offenders live after release from incarceration or supervision. While well-intentioned for public safety, it can also create barriers to reintegration. The address verification process requires coordination between corrections officials, law enforcement, probation officers, and the courts. There are still ongoing discussions about how effective and fair laws like 2C:7-2.1 are. But for now, verifying an approved residence remains a mandatory step for certain offenders prior to release in New Jersey.

References

State of New Jersey. (n.d.). Homeless Sex Offender Placement. https://www.nj.gov/corrections/pages/community_supervision/SexOffenderMngtUnit.html

Levenson, J. S., & Cotter, L. P. (2005). The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?. International Journal of Offender Therapy and Comparative Criminology, 49(2), 168–178. https://doi.org/10.1177/0306624X04271304

New Jersey State Legislature. (2009). New Jersey Permanent Statutes. Title 2C, Section 7-2.

Caldwell, M. F., Ziemke, M., & Vitacco, M. J. (2008). An examination of the sex offender registration and notification act as applied to juveniles: Evaluating the ability to predict sexual recidivism. Psychology, Public Policy, and Law, 14(2), 89–114. https://doi.org/10.1037/a0013241

Levenson, J. S., & Hern, A. L. (2007). Sex offender residence restrictions: Unintended consequences and community reentry. Justice Research and Policy, 9(1), 59-73. https://doi.org/10.3818/JRP.9.1.2007.59

Levenson, J. S., & Cotter, L. P. (2005). The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?. International Journal of Offender Therapy and Comparative Criminology, 49(2), 168–178. https://doi.org/10.1177/0306624X04271304

Chajewski, M., & Mercado, C. C. (2008). An Evaluation of Sex Offender Residency Restriction Functioning in Town, County, and City-Wide Jurisdictions. Criminal Justice Policy Review, 20(1), 44–61. https://doi.org/10.1177/0887403408323762