| New
Jersey Megan's
Law and Victim's Rights
(1)The right to respect
A victim of a crime shall be treated with
fairness, compassion and respect by the criminal justice system.
(3)The right to be present
A victim of a crime shall not be denied the
right to be present at public judicial proceedings except when properly
sequestered in accordance with law or Court Rule prior to completing his or her
testimony as a witness.
Please refer to the Constitution of the State of New Jersey ARTICLE I,
PARAGRAPH 22 for further information regarding the victims' rights.
ARTICLE I, PARAGRAPH 22.
22. A victim of a crime shall be treated with fairness, compassion and
respect by the criminal justice system, shall not be denied the right to be
present at public judicial proceedings except when properly sequestered in
accordance with law or Court Rule prior to completing his or her testimony as a
witness, and shall be entitled to those rights and remedies as may be provided
by the Legislature. For the purposes of this paragraph, the phrase "victim of a
crime" shall mean: a) a person who has suffered physical or psychological injury
or has incurred loss of or damage to personal or real property as a result of a
crime or an incident involving another person operating a motor vehicle while
under the influence of drugs or alcohol, and b) the spouse, parent, legal
guardian, grandparent, child or sibling of the decedent in the case of a
criminal homicide.
| Contact Person: |
New Jersey State Police 609-882-2000. Ask for Records
Assembly.
|
| Offenders Required to Register: |
Sex offenders who have been released from custody since Megan's Law went
into effect on October 31`, 1994, are required to register with the police. In
addition, offenders who were on parole or probation on the effective date of the
law, as well as offenders who have been found to be repetitive and compulsive by
experts and the courts - regardless of the date of sentence - are required to
register. Offenses include: aggravated sexual assault; sexual assault;
aggravated criminal sexual contact; endangering the welfare of a child by
engaging in sexual conduct which would impair or debauch the morals of the
child; luring or enticing and, if the victim were a minor and the offender not a
parent, kidnapping; criminal restraint and false imprisonment. |
| Information Collected: |
Name, social security number, age, race, sex, date of birth, height, weight,
hair and eye color, address of legal residence, address of any current temporary
residence, date and place of employment. Date and place of each conviction,
adjudication or acquittal by reason of insanity, indictment number,
fingerprints, photograph and a brief description of the crime or crimes for
which registration is required; and any other information that the Attorney
General deems necessary to assess risk of future commission of a crime,
including criminal and corrections records, non privileged personnel, treatment,
and abuse registry records, and evidentiary genetic markers when
available. |
| Administrating Agency: |
Superintendent of State Police, Department of Corrections, Administrative
Office of the Courts, Department of Human Services, Division of Motor Vehicles
of the Department of Law and Public Safety, Attorney General, local law
enforcement, Division of State Police. |
| Timeframe for Registration: |
Registered prior to release; upon being placed on supervision; within 70
days of entering state; 10 days prior to changing address. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
Life, however certain offenders may apply to State Superior Court to
terminate obligation to register if no offense committed within 15 years
following conviction or release. |
| Verification of Address: |
Every 90 days for repetitive and compulsive offenders; annually for all
others. |
| Penalties for Non-Compliance: |
Crime of the fourth degree. |
| Access to Information: |
The state Departments of Corrections and Human Services are responsible for
informing county prosecutors about the anticipated release of sex offenders. In
turn, the prosecutors must determine risk to the community - the likelihood that
the offender will commit another crime. Hearings are provided to those offenders
who challenge the prosecutor's risk determination or the proposed scope of
notification. Notification can proceed when the court issues a final order
authorizing the county prosecutor to provide relevant information to the
appropriate groups of individuals. Sex offenders who reside in the community are
classified by prosecutors in one of three "tiers" based on the degree of risk
they pose to the public. The sex offender Internet registry includes information
pertaining to sex offenders determined to pose a relatively high risk of
re-offense (tier 3 offenders) and, with certain exceptions, information about
sex offenders found to pose a moderate risk of re-offense (tier 2 offenders).
The Internet registry excludes any information about offenders determined to
present a low risk of re-offense (tier 1 offenders). However, law enforcement
agencies are notified of the presence of all sex offenders. |
| Confidentiality Provision: |
It is a crime, punishable by a term of imprisonment between three and five
years and a fine of up to $15,000, to use registry information to commit a
criminal offense, and makes it a disorderly persons offense, punishable by a
fine of up to $1,000, to use registry information to commit any disorderly
persons or petty disorderly persons offense. These charges would be in addition
to any charges related to the underlying criminal act committed. |
| Number Registered: |
8,831 as of 7/29/02 (5,559 tier one; 2,386 tier two or moderate risk &
160 tier three or high risk offenders). |
| Percent Compliance: |
Not known* |
| Internet Access: |
http://www.njsp.org/info/reg_sexoffend.html | |
