New Jersey Law Network (sm) ~ Megan's Law

Megan's Law

Title 2C:7-1 - 7-11 also known as "Megan's law"
The law.

A Citizen's Guide to Megan's Law and Megan's Law: A Guide for Community Organizations, Schools and Day Care Centers
From the Division of Law and Public Safety

What is Megan's Law?
By Assistant Gloucester County Prosecutor Steven Sand

Information on similar laws in other States

Sexual Predator Commitment laws From the Washington State Institute for Public Policy

New Jersey Supreme Court Cases

John Doe, etc. v. Deborah Poritz, Attorney General, etc.
Decided July 25, 1995. The Court ruled on the constitutionality of "Megan's Law" and held that "The Registration and Community Notification Laws do not violate the Ex Post Facto , Double Jeopardy, Cruel and Unusual Punishment, or Bill of Attainder Clauses of the federal constitution or analogous state constitution provisions. In addition, the acts do not deprive sex offenders of the right to equal protection under the laws or to their constitutional right to privacy. Subject to limited modifications in respect of judicial review of Tier Two or Tier Three classifications, the Guidelines promulgated by the Attorney General pursuant to the legislation are valid and effective immediately.

IN THE MATTER OF THE REGISTRANT, C.A.
Decided July 31, 1996. The Court ruled that a nonconviction offense may be considered in determining a convicted sex offender's tier classification and that the state may use documentary hearsay evidence to prove that alleged offense without offending procedural due process and the doctrine of fundamental fairness.
The Court also found that the risk assessment Scale to be a reliable and useful tool for the State to establish its prima facie case concerning a registrant's tier classification and manner of notification. The procedures provided in a civil hearing concerning a registrant's tier classification and manner of notification together with the requirement for judicial review of those decisions adequately protected the registrant's rights to procedural due process and to fundamental fairness.

In the Matter of Registrant G.B.: Application for Judicial Review of Notification and Tier Designation
Decided July 31, 1996. In limited circumstances, a registrant may introduce expert testimony at the judicial hearing in order to establish the existence of unique aspects of his or her offense or character that render the Scale score assigned under the Registrant Community Notification Law suspect.

Appellate Cases

IN THE MATTER OF REGISTRANT R.F.
December 28, 1998. The Court affirmed the designation of R.F. as a Tier II sex offender.

IN THE MATTER OF THE CIVIL COMMITMENT OF J.G.
Decided June 24, 1999. This appeal involved the interpretation of the Megan's Law to the civil commitment statute, N.J.S.A. 30:4-27.1 to -27.23.

I/M/O REGISTRANT A.I.: APPLICATION FOR JUDICIAL REVIEW OF NOTIFICATION & TIER DESIGNATION
Decided July 8, 1997 The Court found that the reviewing judge did not abuse his discretion or make an arbitrary analysis when he failed to take into account reports of favorable progress in therapy and denied to reclassify the registrant's tier 3 designation.

In the Matter of E.I. Sexual Offender Classification
Decided May 7, 1997 The Court reversed and direct that an order be entered placing the registrant in a Tier One classification. The defendant was convicted of one incidence of statutory rape

IN THE MATTER OF REGISTRANT E.D.: APPLICATION FOR JUDICIAL REVIEW OF NOTIFICATION AND TIER DESIGNATION
Decided February 9, 1996 Jurisdiction and notification is not controlled by continued residency but by the more expansive concept of the persons the registrant is likely to continue to encounter. "Likely to encounter" environs, then, encompass not only the geographic areas around a registrant's residency but also the geographic areas around a registrant's work place. See Doe v. Poritz , supra , 142 N.J. at 37; In re Registrant E.A. , 285 N.J. Super. 554, 557 (App. Div. 1995)."

IN THE MATTER OF REGISTRANT G.B.
Decided: January 18, 1996 Remanded to trial court to allow registrant to present expert evidence on his likelihood of reoffending.

IN THE MATTER OF REGISTRANT E.A.: APPLICATION FOR JUDICIAL REVIEW OF NOTIFICATION AND TIER DESIGNATION
Decided December 1, 1995 A challenge as to the scope of registration where notice did not specifically identify the community organizations to be notified and where no organizations had registered pursuant to the Attorney General's Guidelines.

IN THE MATTER OF REGISTRANT C.A.: APPLICATION FOR JUDICIAL REVIEW OF NOTIFICATION AND TIER DESIGNATION
Decided November 20, 1995. Reversed and remanded. Where the defendant agreed to a plea bargain for sexual assault with an acquaintance, he was entitled to a hearing to determine whether or not a weapon was used during the assault and the registrant was entitled to call a victim witness to participate in a tier classification hearing as the principles of fundamental fairness required an evidentiary hearing.

STATE OF NEW JERSEY IN THE INTEREST OF B.G.
Decided April 10, 1996 B.G., a juvenile, appealed his conviction for delinquency for conduct that would have constituted second degree sexual assault if committed by an adult in violation of N.J.S.A. 2C:14-2b. The assault consisted of B.G.'s sexual contact, when he was 12 years old, with his stepbrother, J.B., who was four years and seven days younger than he. B.G.'s defense was that the assault was not committed with the conscious intent to gain sexual gratification or to degrade the victim. The court ruled that "Megan's Law" was intended to protect society and the juvenile status of the defendant was not an impediment to invoking the provisions of NJSA Title 2:C 7-1 - 7-11.