Current Status of SORNA In NJ

1. Current Status of SORNA In NJ

2. Two Bills Pending • S 2993 and A 4225 • Sponsored in the Senate by Vitale • Sponsored in the Assembly by Barnes • Referred to Senate Law and Public Safety • Supported by the OAG

3. S 2873 and A 4065 • Sponsored by Vitale in Senate • Sponsored by DeAngelo and Benson in Assembly • Referred to Senate Law and Public Safety • No committee hearings scheduled yet

4. Current Law • Approximately 11 statutes passed October 31, 1994 • One is 2C:7-2 Megan’s Law • Registration of offenders convicted of enumerated offenses • Community Notification based on Tier classification

5. Offenses in 2C:7-2 • Aggravated sexual assault • Sexual Assault • Aggravated Criminal Sexual Contact • Kidnapping • Endangering the welfare of a child by sexual conduct • Endangering the welfare of a child-pornography • False imp. if victim a minor and def. not a parent • Luring or enticing • Criminal sexual contact if victim a minor • Criminal restraint if victim a minor and def. not a parent • Federal versions of these offenses • Other state’s versions of these offenses

6. Registration • Persons convicted, adjudicated delinquent or found NGRI of all of those offenses have to register. • There is a state registry kept by NJSP which feeds into a federal database. • This registry is not accessible by the public.

7. Registration Obligations • Must register upon release from custody • Repetitive and Compulsive must verify address every 90 days • All other registrants verify annually • Must re-register every time you move to a new location • Failure to comply can result in 3rd or 4th degree criminal charges brought by law enforcement

8. Community Notification • Registrants divided into categories of Tier 1 (low), Tier 2 (moderate) and Tier 3 (high) risk to reoffend using risk assessment tool • Who in community is notified is based upon the tier. • Tier 3 and some Tier 2 on the internet

9. CSL/PSL • Also on Oct 31 1994 the sentencing portion of 2C was amended to add a mandatory sentence of parole supervision for life to certain offenders. • 2C:43-6.4 • Imposed on defendants convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, endangering for sexual conduct, endangering with pornography, luring

10. Differences between current law and SORNA-compliance • Longer list of offenses • Community Notification no longer based on a risk assessment determination • All offenders (but no juveniles) on the internet • PSL is unaffected in AG bill.

11. 15 Year Registrants Endangering (pornography) Luring (child or adult) Kidnapping Criminal restraint and false imprisonment if vic a minor/no parent Lewdness (new) Invasion of privacy (new) Enumerated Federal offenses ie Mann Act violations, video voyeurism of minor Verify Address ANNUALLY Termination of Registration: Can apply to court after 10 years if: offense free; completed probation; not a public safety risk and have completed an approved sex offender treatment program Convicted, adjudicated delinquent, found NGRI S2993/A4225 AG Bill

12. Endangering (selling and distributing child porn) Criminal sexual contact if victim a minor Promoting underage prostitution Human trafficking (new) Having sex with an underage prostitute (new) Specific federal offenses: trafficking, sex abuse of minor, sex exploitation Verify address every 180 days Termination of Registration: Can apply after 15 years if completed probation, completed an approved sex offender treatment program, not likely to pose safety threat Convicted, adjudicated delinquent, found NGRI 25 Year Registrants

13. Aggravated Sexual Assault Sexual Assault Aggravated criminal sexual contact Kidnapping Endangering welfare of child with sexual activity Enumerated federal offenses ie sexual abuse Verify Address every 90 days Termination of Registration: Can apply after 25 years Convicted adjudicated delinquent, found NGRI Lifetime Registrants

14. Codified J.G. Motion • Person adjudicated delinquent for a sex offense when under the age of 14 at the time of the offense may make application to end obligation to register upon reaching age 18 • Clear and convincing evidence that not likely to pose a threat to safety

15. Registration Includes • Name • Address including any and all residences including current temporary residence or any location habitually lived in (homeless) • Place of employment • School • Phone numbers including cell • Email addresses used • Car info including where car kept • Photo • Professional licensing info • Arrest info

16. Time Frame for Registering • Within 48 hours of release • Placed on probation, within 3 days of sentencing • Change of address: have 3 days to re-register after moving • Must inform law enforcement agency about international travel at least 21 days before

17. Registrants Include • Person residing in another jurisdiction but enrolled on full or part time basis in any educational institution shall register within 3 days of attendance • Person residing in another jurisdiction but working here full or part time for 2 consecutive weeks or 30 calendar days registers within 3 days of starting job

18. What will be Available on the Internet • Name • Offense: specific statutory cite and brief description of offense including victim gender and age (no M.O.) • Address • Place of Employment or school • Specific indication of registrant can’t currently be located

19. Who Is On the Internet? • Everybody • EXCEPT JUVENILES ie someone who has been adjudicated delinquent

20. Any violation of registration requirements is a third degree offense

21. Electronic Bracelet • Parole statute amended to allow for bracelet for anyone deemed appropriate by Parole Board and: • SVP • CSL/PSL • Victim is a minor • Lifetime or 25 year registrant

22. 15 Year Registrants Lewdness Invasion of Privacy if victim a minor Sexual assault (statutory rape) Endangering the welfare of a child (pornography) Called Tier 1 Verify Address annually Can terminate by motion after 10 years if no sex offense occurs within the time S 2873 and A 4065 Vitale

23. Criminal coercion Luring Human trafficking Crim sex contact if vic a minor Obscenity for persons under 18 Endangering with sexual conduct Kidnapping Criminal restraint/false imprisonment if vic a minor, no parent Promoting child prostitution Called Tier 2 Verify address every 180 days 25 Year Registrant

24. Aggravated sexual assault Sex assault (except statutory rape) Agg crim sex contact Kidnapping Called Tier 3 Verify address every 90 days A tier 3 juvenile can get off registry after 25 years Lifetime Registrant

25. Door to Door Notification • Risk Assessment conducted by Commission set up by this legislation • Tier 2 and Tier 3 subject to notification to members of the public likely to encounter the offender and a list of community organizations created by the AG • Conducted by local law enforcement under the direction of the Commission • First time, notification is conducted door to door. Thereafter, members of the public can request future notification of relocation of an offender by phone, email or regular mail

26. Provision for Hearing • Has a provision for hearing to modify tier determination after two years has passed. • Burden of proof on offender; no standard in statute.

27. Internet: Who can see it? • Everybody except: • NO JUVENILES ON THE INTERNET • NO STATUTORY RAPE CASES IN THE INTERNET

28. Internet: What is included? • Name • Offense • Description of offense • M.O. • Risk of reoffense • Photo • Car information • Address

29. Statute sets up an email notification system so that members of the public who want it register to receive information • Can register for up to 3 counties/zip codes

30. Sex Offender Management Commission • Creates multidisciplinary commission • Includes one public member with expertise in working with sex offenders

31. Parole Supervision for Life • Lists all the offenses enumerated in 2C:7-2 Megan’s Law • Lists all parole conditions • Prosecutor can petition court for additional restrictions