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:

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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”
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15 states
27 native american tribes
2 territories
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Ala
Fl
Kansas
La
MD
Mich
Miss

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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

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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

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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

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
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

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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

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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
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