Bill > S363

Introduced Session

This bill requires persons who have been convicted, or fled a charge, of a sex offense in a foreign country to register as a sex offender under Megan's Law under certain circumstances. In addition, contrary to a recent directive issued by the New Jersey Attorney General, the bill requires law enforcement agencies to inquire about the immigration status of a convicted sex offender and notify and cooperate with federal immigration authorities when the law enforcement agency is unable to confirm that the sex offender's presence in the United States is authorized under federal law. Under current State law, a person who is convicted, adjudicated delinquent, or acquitted by reason of insanity under the laws of the United States, this State, or another state of an offense similar to those classified as sex offenses under current law is required to register as a sex offender. This bill expands the requirement to register in this State as a sex offender to also include persons who were convicted, adjudicated delinquent; or acquitted by reason of insanity under the laws of any foreign government of an offense similar to those classified as sex offenses under current law, and persons who were charged with such offenses by a foreign government, but fled the jurisdiction prior to the adjudication of those charges. The Attorney General Directive No. 2018-6 generally prohibits State, county, and municipal law enforcement agencies from providing certain types of assistance to federal immigration authorities charged with enforcing federal civil immigration law, with certain limited exceptions. The directive also prohibits, with certain limited exceptions, a State, county, or municipal law enforcement agency from inquiring about the immigration status of any individual. Furthermore, the directive does not mandate that law enforcement officials provide assistance in any particular circumstance, even when, under the limited exceptions of the directive, they are permitted to do so. Thus, when an offender who is not authorized to be in the United States has been convicted of a Megan's Law offense, under the directive, local law enforcement is under no obligation to cooperate with federal authorities that may be seeking to enforce federal immigration laws with respect to that offender. In contrast to the directive, the bill requires every county prosecutor to notify the appropriate law enforcement agency when a person has been convicted, adjudicated delinquent, or acquitted by reason of insanity for the commission of a sex offense, as defined under current law. Upon notification, the law enforcement agency is required to inquire about the immigration status of the person who has been convicted. The bill provides that if, based upon the inquiry required by the bill, a law enforcement agency is unable to confirm that the person's presence in the United States is authorized under federal law, the law enforcement agency is to provide notification to a federal immigration authority. Under the bill, the law enforcement agency also is to cooperate with any immigration enforcement initiated by the federal immigration authority, which includes but is not limited to: (1) participating in civil immigration enforcement operations with respect to the sex offender; (2) providing any non-public personally identifying information regarding the sex offender; (3) providing access to any State, county, or local law enforcement equipment, office space, database, or property not available to the general public; (4) providing access to a detained sex offender for an interview; (5) providing notice of a detained sex offender's upcoming release from custody; and (6) continuing the detention of a sex offender past the time the sex offender would otherwise be eligible for release from custody when presented with a civil immigration detainer request. Finally, the bill requires the cooperation of a New Jersey law enforcement agency with any immigration enforcement upon an inquiry by a federal immigration authority concerning a registered sex offender convicted of a sex offense by a foreign government, or who was charged with a sex offense by a foreign government and absconded from that jurisdiction prior to the charge being adjudicated or resolved, and if the law enforcement agency is unable to confirm that the sex offender's presence in the United States is authorized under federal law. This cooperation is to include, but not be limited to, participating in civil immigration enforcement operations; providing any non-public personally identifying information regarding an individual; providing access to any State, county, or local law enforcement equipment, office space, database, or property not available to the general public; providing access to a detained individual for an interview; providing notice of a detained individual's upcoming release from custody; and continuing the detention of an individual past the time the individual would otherwise be eligible for release from custody based solely on a civil immigration detainer request. The bill further requires a law enforcement agency that registers a sex offender and has knowledge that the sex offender was (1) convicted by a foreign government, or (2) charged with a sex offense by a foreign government and absconded prior to the charges being adjudicated or resolved, to provide notification to a federal immigration authority if the agency is unable to confirm that the sex offender's presence in the United States is authorized under federal law. It is the sponsor's firmly held belief that because sex offenders pose a grave danger to public safety, especially for women and children, law enforcement officials should be required to cooperate with immigration enforcement actions initiated by a federal immigration authority, in order to ensure that dangerous predators are not permitted to find safe harbor in New Jersey.

Committee Categories

Joe Pennacchio (R)*,  Mike Testa (R)*,  Jim Holzapfel (R), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document