Megan’s Law and CSL/PSL Facts and Issues – What You Need to Know

New Jersey Megan’s Law and Parole Supervision for Life Lawyer centrally located in New Brunswick, New Jersey, helping clients terminate their Megan’s and PSL obligations.

If you must register under Megan’s Law in New Jersey, you need an experienced New Jersey Megan’s Law attorney to advise you concerning termination of your obligations. If you are subject to Parole Supervision for Life or Community Supervision for Life, call a seasoned Parole Supervision for Life lawyer in New Jersey to get answers to your questions.

The Statute

Megan’s Law was enacted in New Jersey in 1994, and has been amended several times since then. The law requires adult sex offenders and juveniles adjudicated delinquent of a sex offense to register with local law enforcement and provide the community with notification of certain basic identifying information. The extent of the notification depends upon the registrant’s level of risk of re-offense.

Tier Classification

Every county prosecutor’s office in New Jersey has a Megan’s Law unit. This unit is responsible for, among other things, classifying offenders based upon their risk of re-offending. Offenders are classified in one of three tiers. A Tier 1 offender is at low risk; a Tier 2 is at moderate risk; and Tier 3 is at high risk.

The determination of the tier to which an offender will be assigned is based upon the offender’s score on a Registrant Risk Assessment Scale, or RRAS. The tier assignment is based upon the number of points the offender accumulates on the RRAS. Adult offenders who accumulate less than 37 points will be assigned to Tier 1. Adult offenders who accumulate between 37 and 73 points will be assigned to Tier 2. Adult offenders who accumulate between 74 and 111 points will be assigned to Tier 3. For juvenile offenders, a score of less than 10 points will result in a Tier 1 low risk classification, whereas between 10 and 19 points will result in a Tier 2 moderate classification, and 20 to 28 points will result in a Tier 3 high risk classification.

The prosecutor’s office will file paperwork with the Court seeking approval of its tier determination. The registrant should receive notice, and has the opportunity to challenge the prosecutor’s classification at a hearing. It is sometimes possible to have a tier classification reduced. Only an experienced New Jersey Megan’s Law lawyer can tell you if this can be done in your case.

Registration

Offenders must register with the police department in the city, township or borough where they currently live. They must be fingerprinted, photographed, and provide other identifying information including their home address, place of employment and license plate number. If the offender moves, they must notify both the police department where they currently live and then re-register with the police department in their new place of residence within 10 days before moving. Failure to register or providing false registration information can result in new criminal charges. As discussed below, a conviction for these charges can prevent the offender from successfully terminating their Megan’s Law and PSL obligations.

Community Supervision for Life and Parole Supervision for Life

Certain offenses can cause the offender to become subject to Parole Supervision for Life, previously known as Community Supervision for Life. This involves meeting a series of requirements that are much more burdensome than Megan’s Law Registration. Offenders who are sentenced to Parole Supervision for Life are supervised by a parole officer. They must report to the parole officer or be subject to home visits. They can be drug-tested upon the parole officer’s request, and their use of the Internet can be regulated or even barred. They can also be prevented from living with their children or attending functions where children are present. A New Jersey Parole Supervision for Life attorney can tell you whether it is possible to have these requirements reduced or eliminated.

How Long Do I Have To Do This?

It depends. Offenders who committed their offense when they were less than 14 years of age can apply for termination when they are 18. As part of this application, a Judge must determine whether they pose a threat to the safety of others in the community.

Offenders who committed their offense when they were 14 years of age or older must wait 15 years from the date they were sentenced or released from custody, whichever is later, to ask the Court to terminate their requirements. There are three basic requirements for termination of these requirements:

• First, if the offender was convicted of certain severe sexual offenses as defined in the State’s Criminal Code, they can be barred from termination.
• Next, the offender must be offense-free for a minimum of 15 years following the date of their conviction (the date of sentencing), or the date they were released from custody, whichever is later. This means any criminal conviction, including a conviction for another sex offense. Further, under current law, the 15-year clock does not reset from the date of the new conviction. The new criminal conviction can keep the offender on the Megan’s Law and PSL regimens for life.
• Finally, The offender must demonstrate that they are unlikely to pose a threat to the safety of others in the community. This is done by including a psychological evaluation in the formal request for termination that is filed with the Court.

Parole Violations

If the offender had a parole violation that was adjudicated by the New Jersey Parole Board, they will not necessarily be barred from having their Megan’s Law and PSL obligations terminated. Under current law, a parole violation, even if it resulted in State prison time, does not have the same effect as a Superior Court conviction.

An experienced Megan’s Law lawyer in New Jersey or New Jersey Parole Supervision for Life attorney can tell you if you are eligible to have your Megan’s or PSL obligations terminated.

Out-Of-State Offenders

Offenders who were convicted of a sex offense in New Jersey but now live in another State must apply to have their Megan’s and Parole Supervision for Life obligations terminated in New Jersey. If they are successful, they will receive a Court Order stating that their obligations were terminated. This Order must then be shown to the supervising authorities in the State where the Offender now lives.

The requirements imposed by Megan’s Law and Parole Supervision for Life can be crushing. They can prevent you from working or living in a particular place, or even living with your own kids. If you are subject to Megan’s Law, don’t put up with it any longer than necessary. Contact an experienced New Jersey Megan’s Law attorney to discuss termination of your registration requirement. If you are on PSL, contact a seasoned Parole Supervision for Life lawyer in New Jersey to find out if you can end the nightmare.

New Brunswick, New Jersey attorney James S. Friedman, Esq., has helped many clients terminate their Megan’s and PSL obligations. If you think you meet the basic requirements for termination and want out, contact Mr. Friedman today to learn whether you qualify.

---