In re Registrant, N.N.
In re Registrant, N.N.
Opinion of the Court
This matter comes before the court by registrant, N.N., seeking a reduction in his Tier II Classification to Tier I, pursuant to N.J.S.A. 2C:7-2 to -11. The State does not oppose registrant’s motion and has left the decision to the discretion of the court.
The court has reviewed the moving papers, engaged in colloquy with counsel and accordingly enters the following findings of facts and conclusions of law pursuant to R. 1:7-4.
I. FACTS
On May 3, 2002, registrant N.N. was arrested and charged with multiple counts of second degree sexual assault in violation of
On June 10, 2004, the Monmouth County Prosecutor’s Office served registrant with the Registrant Risk Assessment Scale and Manual Notification Letter and Application Form with notice to classify registrant as having a moderate risk of re-offense and to recommend he be classified as a Tier II offender. Because he was a Tier II offender, the State sought to notify schools and community organizations within a two (2) mile radius of registrant’s residence. The State also sought to include notification on the sex offender Internet registry. Registrant filed a notice of objection. After the initial hearing, the court entered an order for continuance to permit the registrant to obtain a psychiatric report from Dr. Silverman. By order dated September 30, 2004, the court found, by clear and convincing evidence, that registrant had a Tier II moderate level risk of re-offense based upon the Registrant Risk Assessment Scale (RRAS) score of thirty-eight (38). Registrant was assessed a moderate risk, score of three (3) under Category 7, length of time since last offense, as registrant’s last indicted offense occurred more than one year and less than five years from his assessment.
As of September 2008, six years have elapsed since registrant’s last offense. Thus, registrant now moves before this court seeking a reduction in his classification based on a “three-point” reduction in Category 7, length of time since last offense.
When the Legislature passed the registration and community notification laws, commonly referred to as Megan’s Law, it highlighted its concern about sex offenders in the statute by asserting that:
[t]he 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.
[N.J.S.A. 2C:7-1.J
The Legislature charged the Attorney General with creating guidelines and a three-level system of notification to address this concern. N.J.S.A. 2C:7-8a. The Registration Risk Assessment Scale (RRAS) is the tool created by the Attorney General to help in the assessment of a registrant’s tier. In re H.M., 343 N.J.Super. 219, 224, 778 A.2d 508 (App.Div. 2001). Although the scale is a useful tool, “[i]t does not graduate to an irrebuttable presumption simply because it is properly and accurately computed.” In re G.B., 147 N.J. 62, 80-81, 685 A.2d 1252 (1996). Instead, the Scale serves as “a guideline for the court to follow in conjunction with other relevant and reliable evidence in reaching an ultimate determination of the risk of reoffense posed by the registrant and the appropriate notification due the community.” Ibid.
The Scale calculates the registrant’s risk of recidivism by looking at four categories:
The first two categories, “Seriousness of Offense” and “Offense History,” are considered static categories because they relate to the registrant’s prior criminal conduct. The factors comprising “Seriousness of Offense” category include: degree of force, degree of contact, and age of victim. The factors comprising the “Offense History” category include: victim selection, number of offenses/vietims, duration of offensive behavior, length of time since last offense, and history of antisocial acts. The remaining two categories, “Characteristics of Offender” and “Community Support” are considered to be dynamic categories, because they are evidenced by current conditions. The factors constituting the “Characteristics of Offender” category include response to treatment and substance abuse. The final*36 category, “Community Support,” measures the registrant’s therapeutic support, residential support, and employment/educational stability.
[In re C.A., 146 N.J. 71, 103-04, 679 A.2d 1153 (1996).]
The difference between the “immutable static factors” and dynamic factors is that the dynamic factors address conditions and circumstances which may change over time, while the static factors remain constant, because they relate to the “nature and seriousness of the offense.” In re H.M., supra, 343 N.J.Super. at 223, 778 A.2d 508 (citing In re C.A., 146 N.J. 71, 103, 679 A.2d 1153 (1996)).
Once the registrant is evaluated using the RRAS and is designated in a tier, the registrant has the right to challenge his tier classification at a hearing in Superior Court. In re G.B., supra, 147 N.J. at 69, 685 A.2d 1252; Doe v. Poritz, 142 N.J. 1, 30, 662 A.2d 367 (1995). Then it is the responsibility of the trial court to determine the proper scope of notification. In re G.B., supra, 147 N.J. at 69, 685 A.2d 1252. There are only four situations which permit the trial court to reevaluate the initial designation of a registrant’s tier. First, the trial court can reassess a registrant’s notification requirements if the Appellate Division orders a reevaluation on remand. See In re H.M., supra, 343 N.J.Super. at 224, 778 A.2d 508. Second, according to N.J.S.A 2G:7-2(f), a registrant can make an application to the Superior Court to have his notification requirements terminated if “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.” Third, a juvenile registrant may also seek to terminate his notification requirements at age eighteen, if he was under age fourteen when he committed the offense, and the court “determines on the basis of clear and convincing evidence that the delinquent is not likely to pose a threat to the safety of others.” In re J.G., 169 N.J. 304, 337, 777 A.2d 891 (2001). Finally, the Attorney General Guidelines recognize the need for re-evaluation when there is “evidence of a change in circumstances.” In re H.M., supra, 343 N.J.Super. at 224, 778 A.2d 508.
Furthermore, registrant’s application to reduce his tier does not fall under one of the four situations where the Superior Court is permitted to reevaluate an initial tier classification. The Appellate Division has not ordered the Superior Court to review his initial classification on remand. Additionally, registrant’s motion does
III. CONCLUSION
Based upon the aforementioned reasons, registrant’s motion to reduce his tier II classification is hereby denied.
At oral argument, registrant notified the court that this motion for a reduction of tier classification was made in anticipation of the July 26, 2009, implementation date for the federal law, the Sex Offender Registration and Notification Act ("SORNA"), Title I of the Adam Walsh Child Protection and Safety Act of 2006, and the court should anticipate more motions of this nature. The SORNA Guidelines will apply to all past and present sex offenders, and will prevent the re-evaluation of their tier classification. The National Guidelines for Sex Offender Registration and Notification, 73 Fed.Reg. 38,030 (July 2, 2008).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.