Current Status of SORNA In NJ
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Transcript Current Status of SORNA In NJ
Current Status of SORNA
Sex Offender Registration and
Notification Act
Federal law passed in 2006 (SORNA)
Sets a floor, not a ceiling, for standards for
registration and notification
Changes:
Change from risk based to conviction based
Requires registration and notification for certain
juveniles
Creates tier system based on conviction
Broader, more explicit registration requirements
Calls for creation of a national internet registry
Juvenile
minimum standard
At least 14 years old at time of offense
Commit a “serious” sexual assault by force,
by threat of serious violence, or by rendering
unconscious or drugging the victim
Or Waived to Adult Court
SMART Office
Office
of Sex Offender Sentencing,
Monitoring, Apprehending, Registering and
Tracking
Part of the Office of Justice Programs/
USDOJ
www.smart.gov
Compliance Rate
SMART
Office says that 44 jurisdictions
are “SORNA compliant”
15 states
27 native american tribes
2 territories
Ala
Fl
Kansas
La
MD
Mich
Miss
Missouri
Nevada
Ohio
SCarolina
SDakota
Tenn
Wyo
Dru Sjodin National Sex Offender
Public Website (NSOPW)
This
is not a new, separate database
Can
use this database to search state
databases—Search Engine
www.nsopw.gov
Law Enforcement Databases
There
are other databases that only law
enforcement can access
NSOR (National Sex Offender Registry) NCIC
IAFIS (Integrated Automated Fingerprint ID)
NPPS (National Palm Print System)
CODIS (DNA)
New Jersey not yet in Compliance
Bill
Pending
A2952
Sponsored by Assemblyman Gordon Johnson
of Bergen County
A different bill sponsored by Sen Vitale is also
pending S850
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
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
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.
Created by 2001 amendment to Megan’s Law.
This registry is not accessible by the public.
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
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
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
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 unless waived)
on the internet
PSL is unaffected in A2952.
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
25 Year Registrants
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
Lifetime Registrants
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
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
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
Height, weight, physical info
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
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
No
more door-to-door notifications under
A2952
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
Who Is On the Internet?
Everybody
EXCEPT
JUVENILES ie someone who
has been adjudicated delinquent
Any
violation of registration requirements
is a third degree offense
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
S850
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
25 Year Registrant
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
Lifetime Registrant
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
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
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.
Internet: Who can see it?
Everybody
except:
NO JUVENILES ON THE INTERNET
NO STATUTORY RAPE CASES ON THE
INTERNET
Internet: What is included?
Name
Offense
Description
of offense
M.O.
Risk
of reoffense
Photo
Car information
Address
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
Sex Offender Management
Commission
Creates
Includes
multidisciplinary commission
one public member with expertise
in working with sex offenders
Parole Supervision for Life
Lists
all the offenses enumerated in 2C:72 Megan’s Law
Lists
all parole conditions
Prosecutor
restrictions
can petition court for additional