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