A2769

An Act concerning sex offenders and amending P.L.2007, c.227.

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

1. Section 2 of P.L.2007, c.227 (C.2C:7-21) is amended to read as follows:

2. a. The [Violence Institute of the University of Medicine and Dentistry of New Jersey] Administrative Office of the Courts, in conjunction with the State Parole Board, shall [undertake] conduct a comprehensive study of the implementation and application of Megan's Law. Specifically, the [institute] study shall examine the implementation and application of P.L.1994, c.133 (C.2C:7-1 et al.), which requires registration by sex offenders and P.L.1994, c.128 (C.2C:7-6 et seq.), which requires community notification for certain sex offenders.

b. The study shall evaluate the current procedures utilized by the county prosecutors and the courts in determining a sex offender's tier designation and implementing community notification. In evaluating these procedures, the study shall examine the disposition of all sex offenders who have registered and have been assigned a tier rating since the enactment of Megan's Law, or from the earliest date permitted by the availability of reliable records. The study shall make recommendations regarding the standardization of procedures for evaluating the risk of re-offense, assigning tier designations, implementing community notification, and ensuring uniform application of the Attorney General's guidelines by law enforcement in providing community notification. In addition, the study shall examine the use of the Internet registry in providing information to the public about sex offenders. Specifically, the study shall review the implementation of P.L.2001, c.167 (C.2C:7-12 et seq.) and determine whether the Internet registry has accomplished its mission to inform the public of dangerous sex offenders, or if geographic inconsistencies have mitigated its effectiveness. Finally, the study shall examine whether a central agency should be charged with the administration of Megan's Law and the determination as to which offenders appear on the Internet registry.

c. The Administrative Office of the Courts, in conjunction with the State Parole Board, no later than 12 months after the effective date of P.L. , c. (pending before the Legislature as this bill) and biannually thereafter, shall submit a report of its findings and recommendations to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

(cf: P.L.2007, c.227, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill requires the Administrative Office of the Courts, in conjunction with the State Parole Board, to conduct a comprehensive study on Megan’s Law, P.L.1994, c.128, P.L.1994, c.133, and P.L.2001, c.167.

Under current law, the Violence Institute of the University of Medicine and Dentistry of New Jersey (UMDNJ) was tasked in or about 2007 with conducting a study on the implementation and application of Megan’s Law. However, it appears that this study was never completed or made publicly available. In 2013, UMDNJ was dissolved, and its components were mostly transferred to Rutgers University and Rowan University. This bill amends current law to place the onus on the Administrative Office of the Courts, in conjunction with the State Parole Board, to conduct this study.

Under the bill, the study is to examine the implementation and application of Megan’s Law, specifically regarding the registration of sex offenders and community notification for certain sex offenders.

In addition, the study is to evaluate the current procedures utilized by the county prosecutors and the courts in determining a sex offender’s tier designation and implementing community notification. In evaluating these procedures, the study is to examine the disposition of all sex offenders who have registered and have been assigned a tier rating since the enactment of Megan’s Law, or from the earliest date permitted by the availability of reliable records.

Additionally, the study is to make recommendations regarding the standardization of procedures for evaluating the risk of re-offense, assigning tier designations, implementing community notification, and ensuring uniform application of the Attorney General’s guidelines by law enforcement in providing community notification.

Furthermore, the study is to examine the use of the Internet registry in providing information to the public about sex offenders. Specifically, the study is to review the implementation of the Internet registry and determine whether the Internet registry has accomplished its mission to inform the public of dangerous sex offenders, or if geographic inconsistencies have mitigated its effectiveness.

Finally, the study is to examine whether a central agency should be charged with the administration of Megan’s Law and the determination as to which offenders should appear on the Internet registry.