Bill > S1174

Introduced Session

This bill revises New Jersey's Megan's Law in response to requirements of the Sex Offender Registration and Notification Act (SORNA), enacted as part of the federal "Adam Walsh Child Protection and Safety Act of 2006." SORNA created standards for state sex offender registration and community notification. In response to SORNA, this bill revises the scope, manner, and format of the disclosure to the general public of information pertaining to the identity, specific and general whereabouts, physical characteristics, and criminal history of persons found to have committed a sex offense. Under the SORNA scheme, information about adult sex offenders would be made available to the public through the Internet for the duration of the person's registration obligations under the law. In consideration of the circumstances of juvenile sex offenders and the interest in their rehabilitation, this bill requires them to register but does not include their information on the Internet registry unless the juvenile was tried as an adult. Under the bill's provisions, the offender will be classified as a 15-year, 25-year, or lifetime registrant based upon the offense committed. This bill, as does current law, requires sex offenders to verify their addresses with the appropriate law enforcement agency. The SORNA verification requirements implemented under this bill are based upon the offender's classification as a 15-year, 25-year, or lifetime registrant. A 15-year registrant will be required to verify his or her address with the appropriate law enforcement agency every 365 days; a 25-year registrant, every 180 days. A lifetime registrant is required to verify his or her address every 90 days. Under current law, New Jersey uses a risk-based tier classification process. The county prosecutors conduct a risk assessment for each convicted sex offender to determine the offender's risk of committing future offenses; the offender's tier classification for purposes of registration and the type of notification to the community are based upon the risk assessment. SORNA, however, bases the offender's obligation to register upon the sex offense committed, which allows a more expedient process. This bill requires that the offender be classified at the time of sentencing, which eliminates a potential gap in time between a registrant's release from custody or relocation and actual notification while awaiting completion of the risk-based tier classification process. The bill also requires the information to be provided to the National Sex Offender Registry and to be exchanged with other states when registered sex offenders relocate to or from or travel to this State. Utilizing a system of offense-based classification also permits New Jersey to avoid a 10 percent reduction annually in the State allocated share of federal Edward Byrne law enforcement grant funding. The Internet publication scheme envisioned by SORNA, which this bill implements, provides the public with information about a greater number of sex offenders than the information provided under current law. SORNA employs geographically-based Internet searches and electronic notification rather than the cumbersome and resource-intensive process of hand-delivery of notification fliers. This bill provides for a more efficient, uniform, and fiscally prudent system of registration and notification that promotes public safety by: (1) providing access to relevant information about sex offenders, and (2) enabling responsible organizations and individuals to take appropriate precautions to protect themselves and those in their care from the risk posed by sex offenders. The bill upgrades penalties associated with sex offender registration and certain information sex offenders are required to provide from crimes of the fourth degree to crimes of the third degree: (1) failing to notify law enforcement concerning access to or use of a computer and any e-mail address or identifier; (2) knowingly providing false information regarding residence or failing to verify address information with law enforcement; and (3) failing to notify law enforcement of a change in address or status. In addition, the bill requires offenders to notify law enforcement of any international travel at least 21 days in advance. Any offender who fails to notify law enforcement or provides false information concerning international travel is guilty of a crime of the third degree. In 2007, the Legislature noted questions concerning whether Megan's Law is consistently applied in the 21 counties. The system of registration and notification created in this bill provides for a more uniform and consistent classification scheme, regardless of the registrant's county of residence. Sex offender registration and notification will be more effective in today's mobile society if laws are consistent among the states and other jurisdictions and cannot be evaded by moving between jurisdictions to take advantage of potential time gaps and loopholes.

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Joe Vitale (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/25/2018)