NJ Sex Offenders Can Be Removed from Megan’s Law Monitoring
Megan’s Law was named for Megan Kanka, a New Jersey child who was raped and murdered by her neighbor. The law requires anyone convicted of a sex offense, or found not guilty of a sex offense by reason of insanity, to register their whereabouts with the police and to be subject to community supervision for the rest of their life. However, Megan’s Law also allows an offender to be removed from the registration and supervision requirements if they have not committed another offense within 15 years and can offer proof that they no longer pose a threat. A person who was younger than 14 when they committed an offense can also apply to be removed from restrictions once they turn 18.
Motion to be Removed from Megan’s Law
N.J.S.A. 2C:7-2(f)
The statute, N.J.S.A. 2C:7-2(f), provides:
f. Except as provided in subsection g. of this section, 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.
Essentially there are two (2) elements a registrant must establish in order to convince the Judge they are a good candidate to be removed from sex offender registration in NJ:
- No offenses committed in last fifteen (15) years since their conviction or since they were released from jail
- They are not likely to pose a threat to the safety of others
In addition, the underlying conviction can not be one of the crimes enumerated in section (g) or the registrant is never eligible to be removed from Megan’s Law. These crimes are aggravated sexual assault or sexual assault or if they have multiple convictions for sex offenses.
We typically recommend the registrant obtain a psychosexual evaluation from an expert who will evaluate them and provide an expert report for the Judge to show that they are not a danger to the community.
What Is the Procedure for Megan’s Law Removal?
An attorney files a motion with a Superior Court Judge. The prosecutor’s office may oppose the application. The Judge may hold a hearing, which is closed to the public. Often the Judge takes testimony from psychologists or other experts who have evaluated the offender and state their opinions as to the risk of threatening behavior. Factors taken into account include:
- The nature of the crime and degree of force used
- The age of the victim and the victim’s relationship to the offender
- The number of offenses committed
- Treatment undertaken by the offender
- Resolution of substance abuse problems
- The offender’s age and lifestyle
- The length of time the since the offender has committed the offense
Megan’s Law’s Removal: Success or Failure?
As of 2010, there were 13,612 sex offenders registered in New Jersey. The Public Defender’s Office was able to remove 18 offenders from the registry and two from community supervision; there were 19 unsuccessful attempts to get restrictions removed. Private attorneys have been successful in removing over 12 offenders from restrictions. Regarding such offenders, one attorney commented, “They are people who do something stupid without the proper forethought. People make mistakes.”
The Human Rights Watch group has stated that Megan’s Law is too broad and that the duration of time spent on the registry is too long. It noted that registered juveniles pose little or no risk of recidivism and that the law may leave them in an unstable and nonfunctioning position within the community.
Some, however, have been upset by the removal provisions. Maureen Kanka, Megan’s mother, has commented: “They should be on it for the rest of their lives. They cannot be rehabilitated.” Timothy Foley, a psychologist who has evaluated sex offenders, says that is a misconception. “Research has shown that if a sex offender goes for 10 years without reoffending, he poses a negligible risk. There are a small number who do it repetitively.”
Frequently Asked Questions (FAQ) Regarding Megan’s Law Removal in Bergen County NJ
FAQ: Where do I file the motion to be removed from Megan’s Law? In the county in which you are required to register.
FAQ: How do I know if I am eligible to file a motion to be removed from sex offender registration? Consult with an attorney. We can look at your original convictions, how long it has been, and if you are eligible to file a motion.
FAQ: Should I get a psychosexual evaluation? Speak to an attorney about it but we usually recommend it because it shows the Judge you are not a danger to the community and allows them to feel comfortable granting the motion to be removed from Megan’s Law.
Speak with an Experienced NJ Sex Crimes Lawyer about Megan’s Law Removal
Whether you believe that Megan’s Law is overbroad to begin with, or that some people who fall under its restrictions are entitled to prove that they have rehabilitated themselves, the law should (and does) offer a solution: narrow restrictions that provide procedures whereby those who are not the “worst of the worst” can, in fact, prove that they are not dangerous. If you believe you fall in this category, it is important to contact an experienced criminal defense attorney to investigate your situation and to provide you with the legal relief to which you are entitled. Contact Travis J. Tormey by calling his Paramus or Morristown offices at (201)-330-4979, or use his online contact form to schedule a free consultation.
