Megans
Law Text
This page contains the full text of Megan's Law which was signed
into law by President Bill Clinton on May 17, 1996. To date, every
state has enacted some form of Megan's Law in order to provide
public notification of convicted sex offenders.
NJSA 2C:7-1 through 7-ll "Megan's Law"
2C:7-1. Findings, declarations
1. The Legislature finds and declares:
a. The danger of recidivism posed by sex offenders and offenders
who commit other predatory acts against children, and the dangers
posed by persons who prey on others as a result of mental illness,
require a system of registration that will permit law enforcement
officials to identify and alert the public when necessary for
the public safety.
b. A system of registration of sex offenders and offenders who
commit other predatory acts against children will provide law
enforcement with additional information critical to preventing
and promptly resolving incidents involving sexual abuse and missing
persons.
L.1994,c.133,s.1.
2C:7-2. Registration of sex offender; definition
2. a. A person who has been convicted, adjudicated delinquent
or found not guilty by reason of insanity for commission of a
sex offense as defined in subsection b. of this section shall
register as provided in subsections c. and d. of this section.
A person who fails to register as required under this act shall
be guilty of a crime of the fourth degree.
b. For the purposes of this act a sex offense shall include the
following:
(1) Aggravated sexual assault, sexual assault, aggravated criminal
sexual contact, kidnapping pursuant to paragraph (2) of subsection
c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes
if the court found that the offender's conduct was characterized
by a pattern of repetitive, compulsive behavior, regardless of
the date of the commission of the offense or the date of conviction;
(2) A conviction, adjudication of delinquency, or acquittal by
reason of insanity for aggravated sexual assault; sexual assault;
aggravated criminal sexual contact; kidnapping pursuant to paragraph
(2) of subsection c. of N.J.S.2C:13-1; endangering the welfare
of a child by engaging in sexual conduct which would impair or
debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4;
endangering the welfare of a child pursuant to paragraph (4) of
subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to
section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact
pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping
pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2,
or false imprisonment pursuant to N.J.S.2C:13-3 if the victim
is a minor and the offender is not the parent of the victim; or
an attempt to commit any of these enumerated offenses if the conviction,
adjudication of delinquency or acquittal by reason of insanity
is entered on or after the effective date of this act or the offender
is serving a sentence of incarceration, probation, parole or other
form of community supervision as a result of the offense or is
confined following acquittal by reason of insanity or as a result
of civil commitment on the effective date of this act;
(3) A conviction, adjudication of delinquency or acquittal by
reason of insanity for an offense similar to any offense enumerated
in paragraph (2) or a sentence on the basis of criteria similar
to the criteria set forth in paragraph (1) of this subsection
entered or imposed under the laws of the United States, this State
or another state.
c. A person required to register under the provisions of this
act shall do so on forms to be provided by the designated registering
agency as follows:
(1) A person who is required to register and who is under supervision
in the community on probation, parole, furlough, work release,
or a similar program, shall register at the time the person is
placed under supervision or no later than 120 days after the effective
date of this act, whichever is later, in accordance with procedures
established by the Department of Corrections, the Department of
Human Services, the Juvenile Justice Commission established pursuant
to section 2 of P.L.1995, c.284 (C.52:17B-170) or the Administrative
Office of the Courts, whichever is responsible for supervision;
(2) A person confined in a correctional or juvenile facility
or involuntarily committed who is required to register shall register
prior to release in accordance with procedures established by
the Department of Corrections, the Department of Human Services
or the Juvenile Justice Commission;
(3) A person moving to or returning to this State from another
jurisdiction shall register with the chief law enforcement officer
of the municipality in which the person will reside or, if the
municipality does not have a local police force, the Superintendent
of State Police within 120 days of the effective date of this
act or 70 days of first residing in or returning to a municipality
in this State, whichever is later;
(4) A person required to register on the basis of a conviction
prior to the effective date who is not confined or under supervision
on the effective date of this act shall register within 120 days
of the effective date of this act with the chief law enforcement
officer of the municipality in which the person will reside or,
if the municipality does not have a local police force, the Superintendent
of State Police.
d. Upon a change of address, a person shall notify the law enforcement
agency with which the person is registered and must re-register
with the appropriate law enforcement agency no less than 10 days
before he intends to first reside at his new address.
e. A person required to register under paragraph (1) of subsection
b. of this section or under paragraph (3) of subsection b. due
to a sentence imposed on the basis of criteria similar to the
criteria set forth in paragraph (1) of subsection b. shall verify
his address with the appropriate law enforcement agency every
90 days in a manner prescribed by the Attorney General. A person
required to register under paragraph (2) of subsection b. of this
section or under paragraph (3) of subsection b. on the basis of
a conviction for an offense similar to an offense enumerated in
paragraph (2) of subsection b. shall verify his address annually
in a manner prescribed by the Attorney General. One year after
the effective date of this act, the Attorney General shall review,
evaluate and, if warranted, modify pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the
verification requirement.
f. A person required to register under this act may make application
to the Superior Court of this State to terminate the obligation
upon proof that the person has not committed an offense within
15 years following conviction or release from a correctional facility
for any term of imprisonment imposed, whichever is later, and
is not likely to pose a threat to the safety of others.
L.1994,c.133,s.2; amended 1995,c.280,s.18.
2C:7-3. Notice of obligation to register
3. Notice of the obligation to register shall be provided as
follows:
(1) A court imposing a sentence, disposition or order of commitment
following acquittal by reason of insanity shall notify the defendant
of the obligation to register pursuant to section 2 of this act.
(2) The Department of Corrections, the Administrative Office
of the Courts, the Juvenile Justice Commission established pursuant
to section 2 of P.L.1995, c.284 (C.52:17B-170) and the Department
of Human Services shall (a) establish procedures for notifying
persons under their supervision of the obligation to register
pursuant to this act and (b) establish procedures for registration
by persons with the appropriate law enforcement agency who are
under supervision in the community on probation, parole, furlough,
work release or similar program outside the facility, and registration
with the appropriate law enforcement agency of persons who are
released from the facility in which they are confined without
supervision.
(3) The Division of Motor Vehicles in the Department of Law and
Public Safety shall provide notice of the obligation to register
pursuant to this section in connection with each application for
a license to operate a motor vehicle and each application for
an identification card issued pursuant to section 2 of P.L.1980,
c.47 (C.39:3-29.3).
(4) The Attorney General shall cause notice of the obligation
to register to be published in a manner reasonably calculated
to reach the general public within 30 days of the effective date
of this act.
L.1994,c.133,s.3; amended 1995,c.280,s.19.
2C:7-4. Forms of registration
4. a. Within 60 days of the effective date of this act, the Superintendent
of State Police, with the approval of the Attorney General, shall
prepare the form of registration statement as required in subsection
b. of this section and shall provide such forms to each organized
full-time municipal police department, the Department of Corrections,
the Administrative Office of the Courts and the Department of
Human Services. In addition, the Superintendent of State Police
shall make such forms available to the Juvenile Justice Commission
established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).
b. The form of registration required by this act shall include:
(1) A statement in writing signed by the person required to register
acknowledging that the person has been advised of the duty to
register and reregister imposed by this act and including the
person's 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;
(2) Date and place of each conviction, adjudication or acquittal
by reason of insanity, indictment number, fingerprints, and a
brief description of the crime or crimes for which registration
is required; and
(3) Any other information that the Attorney General deems necessary
to assess risk of future commission of a crime, including criminal
and corrections records, nonprivileged personnel, treatment, and
abuse registry records, and evidentiary genetic markers when available.
2C:7-4. Forms of registration 4. a. Within 60 days of the effective
date of this act, the Superintendent of State Police, with the
approval of the Attorney General, shall prepare the form of registration
statement as required in subsection b. of this section and shall
provide such forms to each organized full-time municipal police
department, the Department of Corrections, the Administrative
Office of the Courts and the Department of Human Services. In
addition, the Superintendent of State Police shall make such forms
available to the Juvenile Justice Commission established pursuant
to section 2 of P.L.1995, c.284 (C.52:17B-170).
b. The form of registration required by this act shall include:
(1) A statement in writing signed by the person required to register
acknowledging that the person has been advised of the duty to
register and reregister imposed by this act and including the
person's 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;
(2) Date and place of each conviction, adjudication or acquittal
by reason of insanity, indictment number, fingerprints, and a
brief description of the crime or crimes for which registration
is required; and
(3) Any other information that the Attorney General deems necessary
to assess risk of future commission of a crime, including criminal
and corrections records, nonprivileged personnel, treatment, and
abuse registry records, and evidentiary genetic markers when available.
c. Within three days of receipt of a registration pursuant to
subsection c. of section 2 of this act, the registering agency
shall forward the statement and any other required information
to the prosecutor who shall, as soon as practicable, transmit
the form of registration to the Superintendent of State Police,
and, if the registrant will reside in a different county, to the
prosecutor of the county in which the person will reside. The
prosecutor of the county in which the person will reside shall
transmit the form of registration to the law enforcement agency
responsible for the municipality in which the person will reside
and other appropriate law enforcement agencies. The superintendent
shall promptly transmit the conviction data and fingerprints to
the Federal Bureau of Investigation.
d. The Superintendent of State Police shall maintain a central
registry of registrations provided pursuant to this act.
L.1994,c.133,s.4; amended 1995,c.280,s.20.
2C:7-5. Records; immunity
5. a. Records maintained pursuant to this act shall be open to
any law enforcement agency in this State, the United States or
any other state. Law enforcement agencies in this State shall
be authorized to release relevant and necessary information regarding
sex offenders to the public when the release of the information
is necessary for public protection in accordance with the provisions
of P.L.1994, c.128 (C.2C:7-6 et seq.).
b. An elected public official, public employee, or public agency
is immune from civil liability for damages for any discretionary
decision to release relevant and necessary information, unless
it is shown that the official, employee, or agency acted with
gross negligence or in bad faith. The immunity provided under
this section applies to the release of relevant information to
other employees or officials or to the general public.
c. Nothing in this act shall be deemed to impose any liability
upon or to give rise to a cause of action against any public official,
public employee, or public agency for failing to release information
as authorized in subsection d. of this section.
d. Nothing in this section shall be construed to prevent law
enforcement officers from notifying members of the public exposed
to danger of any persons that pose a danger under circumstances
that are not enumerated in this act.
L.1994,c.133,s.5.
2C:7-6. Community notified of release of sex offender
1. Within 45 days after receiving notification pursuant to section
1 of P.L.1994, c.135 (C.30:4-123.53a et seq.) that an inmate convicted
of or adjudicated delinquent for a sex offense as defined in section
2 of P.L.1994, c.133 (C.2C:7-1 et al.) is to be released from
incarceration and after receipt of registration as required therein,
the chief law enforcement officer of the municipality where the
inmate intends to reside shall provide notification in accordance
with the provisions of section 3 of this act of that inmate's
release to the community. If the municipality does not have a
police force, the Superintendent of State Police shall provide
notification.
L.1994,c.128,s.1.
2C:7-7. Notification of community to which sex offender moves
2. After receipt of notification and registration pursuant to
P.L.1994, c.133 (C.2C:7-1 et al.) that a person required to register
pursuant to that act intends to change his address, the chief
law enforcement officer of the municipality to which the person
is relocating shall provide notification of that relocation to
the community pursuant to section 3 of this act. If the municipality
does not have a police force, the Superintendent of State Police
shall provide notification.
L.1994,c.128,s.2.
2C:7-8. Guidelines, procedures for notification
3. a. After consultation with members of the advisory council
established pursuant to section 6 of this act and within 60 days
of the effective date, the Attorney General shall promulgate guidelines
and procedures for the notification required pursuant to the provisions
of this act. The guidelines shall identify factors relevant to
risk of re-offense and shall provide for three levels of notification
depending upon the degree of the risk of re-offense.
b. Factors relevant to risk of re-offense shall include, but
not be limited to, the following:
(1) Conditions of release that minimize risk of re-offense, including
but not limited to whether the offender is under supervision of
probation or parole; receiving counseling, therapy or treatment;
or residing in a home situation that provides guidance and supervision;
(2) Physical conditions that minimize risk of re-offense, including
but not limited to advanced age or debilitating illness;
(3) Criminal history factors indicative of high risk of re-offense,
including:
(a) Whether the offender's conduct was found to be characterized
by repetitive and compulsive behavior;
(b) Whether the offender served the maximum term;
(c) Whether the offender committed the sex offense against a
child;
(4) Other criminal history factors to be considered in determining
risk, including:
(a) The relationship between the offender and the victim;
(b) Whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury;
(c) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a
risk of recidivism;
(6) The offender's response to treatment;
(7) Recent behavior, including behavior while confined or while
under supervision in the community as well as behavior in the
community following service of sentence; and
(8) Recent threats against persons or expressions of intent to
commit additional crimes.
c. The regulations shall provide for three levels of notification
depending upon the risk of re-offense by the offender as follows:
(1) If risk of re-offense is low, law enforcement agencies likely
to encounter the person registered shall be notified;
(2) If risk of re-offense is moderate, organizations in the community
including schools, religious and youth organizations shall be
notified in accordance with the Attorney General's guidelines,
in addition to the notice required by paragraph (1) of this subsection;
(3) If risk of re-offense is high, the public shall be notified
through means in accordance with the Attorney General's guidelines
designed to reach members of the public likely to encounter the
person registered, in addition to the notice required by paragraphs
(1) and (2) of this subsection.
d. In order to promote uniform application of the notification
guidelines required by this section, the Attorney General shall
develop procedures for evaluation of the risk of re-offense and
implementation of community notification. These procedures shall
require, but not be limited to, the following:
(1) The county prosecutor of the county where the person was
convicted and the county prosecutor of the county where the registered
person will reside, together with any law enforcement officials
that either deems appropriate, shall assess the risk of re-offense
by the registered person;
(2) The county prosecutor of the county in which the registered
person will reside, after consultation with local law enforcement
officials, shall determine the means of providing notification.
e. The Attorney General's guidelines shall provide for the manner
in which records of notification provided pursuant to this act
shall be maintained and disclosed.
L.1994,c.128,s.3.
2C:7-9. Notification immunity
4. Notwithstanding any other provision of law to the contrary,
any person who provides or fails to provide information relevant
to the procedures set forth in this act shall not be liable in
any civil or criminal action. Nothing herein shall be deemed to
grant any such immunity to any person for his willful or wanton
act of commission or omission.
L.1994,c.128,s.4.
2C:7-10. Other notification not limited by act 5. Nothing in
this act shall be construed to prevent law enforcement officers
from providing community notification concerning any person who
poses a danger under circumstances that are not provided for in
this act.
L.1994,c.128,s.5.
2C:7-11. Notification advisory council established; review of
guidelines
6. A notification advisory council is established to consult
with and provide recommendations to the Attorney General concerning
the guidelines to be promulgated pursuant to section 3 of this
act. The council shall consist of 12 persons who, by experience
or training, have a personal interest or professional expertise
in law enforcement, crime prevention, victim advocacy, criminology,
psychology, parole, public education or community relations. The
members of the council shall be appointed in the following manner:
four shall be appointed by the Governor, of whom no more than
two shall be of the same political party; four shall be appointed
by the President of the Senate, of whom no more than two shall
be of the same political party; and four shall be appointed by
the Speaker of the General Assembly, of whom no more than two
shall be of the same political party. Any vacancies occurring
in the membership shall be filled in the same manner as the original
appointments.
One year after the effective date of this act, the Attorney General
and the council shall conduct a comprehensive review of the guidelines
to determine whether any changes or revisions should be promulgated.
Upon completion of that review and the submission of any recommendations
thereon, the council shall expire.
L.1994,c.128,s.6.
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