Adult Diagnostic and Treatment Center (N.J.S.A. 2C:47-1)

 

Referral to Adult Diagnostic and Treatment Center:  Whenever a person is convicted of certain sexual offenses (aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping a child under 16 with sexual assault, endangering the welfare of a child by engaging in sexual conduct, leader of a child pornography network, or an attempt to commit any of these crimes) the Court must order a psychological examination of the defendant.  The examination must include a determination of whether the defendant’s conduct “was characterized by a pattern of repetitive, compulsive behavior and, if it was, a further determination of the defendant’s amenability to sex offender treatment and willingness to participate in such treatment.  The evaluator must provide a copy of his report documenting his findings in this regard.  See N.J.S.A. 2C:47-1 and 2C:47-2.

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“A Pattern of Repetitive and Compulsive Behavior”:  If the report of the examination reveals that the offender’s conduct was characterized by a pattern of repetitive, compulsive behavior and the defendant is amenable to sex offender treatment then the Court must sentence the offender to a term of incarceration to be served at the Adult Diagnostic and Treatment Center for sex offender treatment OR place the defendant on probation with the requirement (as a condition of probation) that the defendant receive outpatient psychological or psychiatric treatment.

 

New Jersey Megan’s Law (AKA Sex Offender Registration) (N.J.S.A. 2C:7-2)

 

Sex Offender Registration (AKA “Megan’s Law”):  Pursuant to N.J.S.A. 2C:7-2, a person convicted of a sex offense shall be required to register as a sex offender.

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Timing of Registration:  If the person is being released from custody then he must register as a sex offender in the municipality where he plans to reside within 48 hours of release from custody.  See N.J.S.A. 2C:7-2(c)(2).  If the person is moving to a new municipality then he must register as a sex offender in that municipality within 10 days of first residing there.  See N.J.S.A. 2C:7-2(c)(3).  Upon change of address the person must notify the municipality where he is registered of the change of address within 10 days before moving.  Upon a change of employment or school enrollment status, the person must notify the appropriate law enforcement agency within 5 days of such change.

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Failure to Register:  Pursuant to N.J.S.A. 2C:7-2(a)(3), a person who fails to register as a sex offender will be charged with a 3rd degree offense, which is punishable by up to 5 years in New Jersey State Prison.

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Termination of Megan’s Law Requirements:  Pursuant to N.J.S.A. 2C:7-2(f), a person required to register as a sex offender may make application to the Superior Court to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from custody, whichever is later, and is not likely to pose a threat to the safety of others.

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*NOTE:  A person convicted of more than one sex offense is not eligible for termination of Megan’s Law registration requirements.

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Parole Supervision for Life (N.J.S.A. 2C:43-6.4 &-6.6)

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Parole Supervision for Life:  Pursuant to N.J.S.A. 2C:43-6.4, individuals convicted of certain sexual offenses are, once released from custody, subject to a special sentence of “Parole Supervision for Life.” 

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The offenses that trigger a sentence of “Parole Supervision for Life” are:

• Aggravated Sexual Assault;

• Sexual Assault;

• Kidnapping;

• Endangering the Welfare of a Child By Engaging in Sexual Conduct Which Would Impair or Debauch the Morals of the Child;

• Creating Child Pornography (N.J.S.A. 2C:24-4(3));

• Distributing Child Pornography (N.J.S.A. 2C:24-4(b)(5)(i) or (ii));

• Luring;

• Leader of a Child Pornography Network;

• Violating a condition of a special sentence of community supervision for life;

• An attempt to commit any of the above offenses.

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The terms of an individual’s “Parole Supervision for Life” may include the following restrictions:

• Limitations on internet access;

• Periodic unannounced examination of any devices with internet access;

• Installation of software to monitor internet activity;

• Daily curfews;

• Meetings with the parole officer;

• Unannounced visits by the parole officer:

• Searches of residence, vehicle, or personal belongings;

• Prohibition from contacting the victim(s) of the offense;

• Prohibition from owning, possessing, or controlling weapons;

• Required permission to travel outside of the State;

• Required treatment.

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What are the penalties for failing to comply with the terms of Parole Supervision for Life?

 

Violations of Parole Supervision for Life:  Pursuant to N.J.S.A. 2C:43-6.4(d), a person who violates the terms of Parole Supervision for Life without good cause is guilty of a crime in the 3rd degree.  A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.  The individual must be sentenced to a term of imprisonment “unless the court is clearly convinced that the interests of justice so far outweigh the need to deter this conduct and the interest in public safety that a sentence to imprisonment would be a manifest injustice.”

 

Can someone be released from Parole Supervision for Life?

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Yes.  Parole Supervision for Life may be terminated after 15 years upon proof that the individual has not had any further convictions of any kind.  The individual also must show that he is not likely to pose a threat to the safety of others if released from Parole Supervision for Life.

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Contact a New Jersey Sex Offense

Lawyer for a Free Consultation

 

The consequences of a criminal conviction for a sex offense can be severe and can have a long-lasting impact on an individual's life.  It can impact employment, housing, finances, education, reputation, and relationships.  Sex offense cases are also very complex and highly specialized.  If you or a loved one are facing sex offense charges, it is crucial to hire an experienced criminal defense attorney. 

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.