New Jersey Section 2C:7-8 – Guidelines, procedures for notification
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New Jersey Section 2C:7-8 – Guidelines, procedures for notification
New Jersey Section 2C:7-8 is part of the state’s Megan’s Law, which establishes guidelines and procedures for the notification of communities when convicted sex offenders are released into those communities. The law was passed in 1994 in response to public concern over sex crimes against children.
Background of Megan’s Law
Megan’s Law was named after 7-year-old Megan Kanka, who was sexually assaulted and murdered in 1994 by a neighbor in New Jersey who had prior convictions for sex offenses against children. The public was outraged to learn that communities were not being notified when convicted sex offenders were released into their neighborhoods. In response, the New Jersey Legislature passed a set of bills later that year requiring convicted sex offenders to register with law enforcement upon release and also establishing procedures for notifying communities about the presence of those offenders, depending on their risk of re-offending.
The notification system was intended to help protect public safety by increasing awareness. It also aimed to deter future crimes by registered offenders, who would know their identities and locations were known to law enforcement and community members.
Key Provisions of Section 2C:7-8
Section 2C:7-8 requires the state Attorney General to develop guidelines on how to implement the community notification system consistently across the state. The guidelines must:
- Identify factors relevant to an offender’s risk of re-offense
- Establish three levels of notification depending on the offender’s degree of risk
- Provide guidance on the scope of notification for each risk level
The law also requires that the guidelines promote uniform application of community notification laws and reasonably limit the disclosure of information to those entitled to receive it.
Risk Assessment and Tier Levels
Under the guidelines, each offender is assigned a tier level based on a risk assessment:
- Tier 1 (low risk): Only law enforcement is notified
- Tier 2 (moderate risk): Schools, daycares, community organizations are also notified
- Tier 3 (high risk): Members of the public likely to encounter the offender are notified
Higher risk offenders have wider community notification. The risk assessment uses factors like criminal history, age, relationship to victim, and treatment history to determine the offender’s risk of re-offense.
Community Notification Methods
For Tier 2 and 3 offenders, the guidelines provide direction on appropriate methods of community notification, which may include:
- Flyers to residents
- Information shared at community meetings
- Notice in local newspapers
- Door-to-door warnings by police
The internet was not widely used when Megan’s Law was passed, so online registries were not part of the original law. However, the law has since been amended to require an online sex offender registry.
Judicial Review Procedures
The guidelines establish a judicial review process for community notification decisions. Offenders can challenge their tier level and notification plan in court. The judge then makes a final determination on proper tier level and scope of notification. This provides an avenue to contest any errors in risk assessment or excessive community notification.
Effects and Controversies
Megan’s Law has faced criticism on several fronts. Some argue the public registries and community notifications go too far and infringe on offender privacy rights. The laws can also lead to harassment or vigilantism against released offenders trying to rebuild their lives. Additionally, research on the policy’s effectiveness at reducing recidivism has been mixed.
However, the notification system continues to have strong public support, particularly from parents of young children concerned about sex crimes. But there is still debate around properly balancing public safety and offender rights in the implementation of Megan’s Law. The judicial review process aims to provide appropriate checks against unnecessary disclosure of offender information.
Conclusion
In summary, New Jersey Section 2C:7-8 establishes procedural guidelines for the tiered community notification system under Megan’s Law. By providing direction on risk assessment, notification methods, and judicial review, the law attempts to promote consistent statewide implementation and reasonable limitations on public disclosure. However, controversy persists around the policy’s impacts on both community safety and the rights of convicted offenders. The notification system represents an effort to balance these competing concerns through regulated, tiered notification based on assessed risk levels.