Megan's Law
In light of the brutal rape and murder of Megan Kanka by a twice-convicted sex offender who was living across the street from his 7-year-old victim, the New Jersey Legislature passed several statutes that require the registration of certain convicted sexual offenders and notification about their presence in the community.
The statutes, commonly referred to as Megan's Law, mandate three levels (tiers) of notification depending upon an offender's likelihood to re-offend: Tier One - low risk: Tier Two - moderate risk; Tier Three - high risk. Classification of registered sexual offenders in Atlantic County is done by the Prosecutor's Office and is subject to judicial review in all Tier Two and Tier Three cases.
All sex offenders who have been released from custody since October 31, 1994, the effective date of the statutes, must register with police. Also, sex offenders who were on parole or probation at that time are required to register. Additionally, all offenders who have been found by the court to be compulsive and repetitive sexual offenders, regardless of the date of their sentence, are required to register. Compulsive and repetitive sexual offenders are required to re-register every 90 days. All other offenders must re-register annually.
Offenses that require registration include: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; sexual contact if the victim was a juvenile; 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 is a minor and offender is not a parent, kidnapping, criminal restraint and false imprisonment.
In determining an offender's tier classification, an assistant prosecutor completes a scale known as the "Sex Offender Risk Assessment Scale" used throughout the State which considers certain factors, such as status of therapy and counseling, criminal background, facts of the offense, and the offender's psychological or psychiatric profile.
If a sex offender has been classified in Tier One, only local police departments likely to encounter the registrant are informed of his presence in the area. This information, contained on a Confidential Sexual Offender Notice, may not be disclosed to anyone outside of law enforcement.
The notice contains the same information for all three levels of offenders. The notification form includes a photograph of the sex offender, a description of his physical characteristics, information concerning his place of residence, employment and motor vehicle and the charge of which he was convicted.
Once a Tier Two or Tier Three assessment is made,the offender is sent a notice detailing his classification and which agencies the Prosecutor proposes to notify of his presence in the community. The offender then has the option to appeal before a Superior Court judge. In all cases a judge will determine the final tier designation and the scope of notification. In addition, the court's order will provide that all Tier 3 sex offenders, and many Tier 2, will have their personal information, including addresses, available for the public to view on the Internet. This information may be accessed at the N.J. Sex Offender Registry at www.njsp.org.
In the case of Tier Two sexual offenders, notification is made to law enforcement, schools, child-care centers, summer camps and registered community organizations likely to encounter the registrant. (For more on Community Organization registration, see below). Again, this information is confidential. It may not be shared with anyone other than those specified in the notice.
In the case of Tier Three offenders, members of the community likely to encounter the registrant receive notification. Tier Three notifications to residents are distributed personally by members of the Atlantic County Prosecutor's Office and law enforcement officers. These notices are not to be shared with anyone other than members of the immediate household that receive the notice.
It is important to note that any actions taken against an individual named in a notification, including vandalism to property, verbal or written threats of harm, or physical violence against the offender, his or her family or employer will result in the arrest and prosecution of those involved.
Community Organizations
Groups and organizations that supervise, care or minister to children and/or women, including, but not limited to, Girls Scouts, Boy Scouts, Little League, Athletic Associations, Swim Clubs, Sunday School and Recreation Associations, may apply for notification of the presence of sexual offenders in their communities.
Each organization seeking such information is required to fill out an application form and send it to the Prosecutor's Office for review. The group's contact person will then be notified by telephone whether or not the organization qualifies for notification under the law.
A copy of the Organization Application Form can be obtained from this site. However, you will need Adobe Acrobat Reader 4.0, in order to obtain the application form. If you don't have Acrobat Reader, you can obtain it from Adobe Acrobat Reader Website