ASSEMBLY, No. 2761

STATE OF NEW JERSEY

222nd LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

 


 

Sponsored by:

Assemblywoman ANDREA KATZ

District 8 (Atlantic and Burlington)

Assemblywoman LISA SWAIN

District 38 (Bergen)

Assemblywoman HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Requires Division of Parole to establish residency restrictions for certain sex offenders.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning sex offenders and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  For purposes of this section:

     “Child care center” shall have the same meaning as set forth in section 3 of P.L.1983, c.492 (C.30:5B-3).

     “Playground” shall have the same meaning as set forth in section 1 of P.L.1999, c.50 (C.52:27D-123.9).

     “Sex offender” means a person sentenced to a special sentence of parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4) for the commission of a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) which involves a victim under 18 years of age and who has been designated as high-risk of reoffending pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8).

     b.    The Director of the Division of Parole in the State Parole Board shall establish Statewide residency restrictions for sex offenders.  The residency restrictions required pursuant to this subsection shall include, but not be limited to, prohibiting sex offenders from residing within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground unless:

     (1)  the sex offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility which is

located within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground;

     (2)  the sex offender is receiving treatment at a mental health facility located within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground;

     (3)  the sex offender established the residence prior to the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

     (4)  an elementary or secondary school, child care center, or playground is built or established within 500 feet of the sex offender’s existing residence;

     (5)  the parole board, after considering a sex offender’s housing

options, determines that a needs based exception is required; or

     (6)  a court that discharges the sex offender from a psychiatric facility with conditions pursuant to section 15 of P.L.1987, c.116 (C.30:4-27.15) determines that an exemption is appropriate.

     c.    The parole officer who is assigned to supervise a sex offender shall utilize the residency requirements established pursuant to subsection b. of this section when approving the residence or change of residence of a sex offender.

     2.    This act shall take effect on the first day of the fourth month after enactment, except that the Director of the Division of Parole may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

      This bill requires the Division of Parole to establish residency restrictions for certain sex offenders.

      The bill defines “sex offender” as a person sentenced to a special sentence of parole supervision for life for the commission of a sex offense which involves a victim under 18 years of age and who has been designated as high-risk of reoffending.

      Under the provisions of this bill, the Director of the Division of Parole in the State Parole Board is required to establish Statewide residency restrictions for sex offenders.  The residency restrictions are required to include, but are not limited to, prohibiting the sex offender from residing within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground.

      The restrictions would not apply if: 1) the sex offender is serving a sentence at a jail, prison, juvenile facility, or other correctional institution or facility which is located within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground; 2) the sex offender is receiving treatment at a mental health facility located within 500 feet of the real property comprising an elementary or secondary school, child care center, or playground; 3) the sex offender established the residence prior to the bill’s effective date; 4) an elementary or secondary school, child care center, or playground is built or established within 500 feet of the sex offender’s existing residence; 5) the Parole Board, after considering a sex offender’s housing options, determines that a needs-based exception is required; or 6) a court that discharges the sex offender from a psychiatric facility determines that an exemption is appropriate.

      Finally, the bill provides that the parole officer who is assigned to supervise a sex offender is required to utilize the residency requirements established by the Division of Parole when approving the residence or change of residence of a sex offender.