In re H.D.
In re H.D.
Opinion of the Court
*208We consolidate these two appeals that were argued back-to-back to issue a single opinion because they involve only one common legal issue.
Appellants J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant to the provisions of Megan's Law, N.J.S.A. 2C:7-1 to 11, both were sentenced to community supervision for life (CSL) as required by N.J.S.A. 2C:43-6.4(a), the *209Violent Predator Incapacitation Act (VPIA), "enacted as a 'component' of Megan's Law at the time of its passage in 1994." In re G.H.,
In 2001, J.M. was convicted of computer-related theft, N.J.S.A. 2C:20-29, a disorderly persons offense, and sentenced to one year of probation.
Pursuant to N.J.S.A. 2C:7-2(f) (subsection (f) ), any registrant may apply "to the Superior Court ... to terminate the [registration] obligation upon proof that the *1010person has not committed an offense within [fifteen] 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." In 2017, J.M. moved to be relieved of his registration obligations.
H.D. sought the same relief in 2017, and additionally moved to terminate CSL pursuant to N.J.S.A. 2C:43-6.4(c), which states:
[A] judge may grant a petition for release from a special sentence of [community] supervision for life only upon proof by clear and convincing evidence that the person has not committed a crime for [fifteen] years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from [community] supervision.
[ (Emphasis added).]
The provision "mirrors [subsection (f) ]." G.H.,
Following oral argument, the Law Division judge denied J.M.'s motion to terminate his registration requirements, reasoning J.M. was "precluded from being relieved from his Megan's Law obligations because of [his subsequent] disorderly persons conviction."
In support of his motion before a different Law Division judge, H.D. provided the report of Dr. James Reynolds, a psychologist, who opined that H.D. did "not present a risk of harm to members of the community." In his thoughtful written opinion, citing Doe v. Poritz,
The judge quoted our opinion in In re A.D.,
However, the judge reached a different result regarding termination of CSL. He concluded that N.J.S.A. 2C:43-6.4(c) was "unlike the statute that governs Megan's Law registration." He reasoned, "CSL may be terminated after a showing that a registrant has not committed an offense for a period of [fifteen] years. This [fifteen]-year period is measured from the date of the registrant's *211last conviction, not [his] underlying conviction under Megan's Law." He entered an order terminating CSL for H.D., and subsequently denied H.D.'s motion for reconsideration of the denial of the termination of his registration obligations.
I.
Before us, appellants argue subsection (f)'s clear and unambiguous language permits relief from their registration obligations *1011because they remained offense free for fifteen years following their last conviction. They note that subsection (f)'s reference to the "conviction" that starts the fifteen-year clock is not limited to the sex-offense conviction that triggered Megan's Law's registration in the first instance.
The State also argues that subsection (f) is clear and unambiguous. However, the State argues a conviction for any offense forever bars relief when it occurs within fifteen years following a "conviction or release from a correctional facility" for the sex offense. The State contends this interpretation is consistent with the Legislature's intent in enacting Megan's Law. Additionally, the State argues the Legislature's use of different language in N.J.S.A. 2C:43-6.4(c), specifically, that the applicant remain offense free for fifteen years from "the last conviction or release from incarceration," evidences an intention to treat CSL differently *212from registration, because registration is remedial, while CSL is penal in nature. Compare Doe,
II.
Because we confront a "question ... of statutory interpretation, ... we are 'neither bound by, nor required to defer to, the legal conclusions of a trial ... court.' " In re N.B.,
However, "[i]f the language does not lead to a single, clear meaning, we can look to extrinsic evidence, including legislative history, for guidance."
*1012State v. O'Driscoll,
*213The statute's purpose and context provide sources of extrinsic evidence of legislative intent, J.S.,
A.
Recall, subsection (f) permits relief from registration obligations if "the person has not committed an offense within [fifteen] 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." N.J.S.A. 2C:7-2(f) (emphasis added). We conclude that the emphasized portion of subsection (f) is ambiguous, not as to when the fifteen-year-offense-free clock starts, but rather, more accurately, whether the clock may ever reset.
Only those "convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense" are required to register. N.J.S.A. 2C:7-2(a)(1). Subsection (f), in turn, only applies to "person[s] required to register" under Megan's Law. N.J.S.A. 2C:7-2(f). "The registration requirements of Megan's Law, as well as related legislation adopted at the same time, including CSL, are imposed at sentencing." J.S.,
*214Appellants' argument is also reasonable. The Legislature could have specified that the only "conviction" that commenced the fifteen-year clock was the underlying sex offense conviction that required registration in the first instance. However, it did not do so. We presume that the Legislature knows how to express its intention, and "a court may not rewrite a statute or add language that the Legislature omitted." State v. Munafo,
In short, because subsection (f)'s plain language lacks "a single, clear meaning," we must consider other interpretive aids. O'Driscoll,
B.
The limited legislative history surrounding passage of subsection (f) provides *1013little assistance in discerning the Legislature's intent. When introduced, subsection (f) stated:
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 [fifteen] years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to commit an offense in the future.
[Assemb. B. 84, Gen. Assemb., Reg. Sess. (N.J. 1994) (as introduced to Assembly, August 15, 1994) (emphasis added).]
*215Thereafter, the Legislature replaced the emphasized language with "and is not likely to pose a threat to the safety of others." L. 1994, c. 133, § 2. The original version, which focused on predicting the likelihood of any re-offense, arguably lends support to the State's position that subsection (f) was intended to permanently bar any relief to a sex offender who commits another offense. However, the Legislature did not adopt that version of subsection (f), choosing instead to focus on the predictability of a registrant's likely threat to public safety.
The State argues that registration is a presumptive lifetime obligation under Megan's Law which the Court found was permissible as part of a comprehensive remedial design. Doe,
We need not reiterate in detail the Court's rationale supporting its initial conclusion that Megan's Law was " 'clearly and totally remedial in purpose' and 'designed simply and solely to enable the public to protect itself from the danger posed by sex offenders.' " G.H.,
It follows that permanently denying relief to a registrant who has led a law-abiding life for fifteen years after conviction and otherwise meets the requirements of subsection (f) serves no remedial purpose. One need only consider that the State's interpretation *216would permanently deny relief to an offender who: 1) lives offense free for 14 years and 364 days after his conviction for a sex offense; 2) then commits a petty disorderly persons offense; and 3) lives another 15 offense-free years thereafter. That result does not serve any of Megan's Law remedial purposes and demonstrates the State's construction of subsection (f) leads to illogical and absurd outcomes that the Legislature never intended. See State v. Harper,
Appellants' construction of subsection (f), on the other hand, is entirely consistent with the Legislature's determination that registrants who have lived fifteen offense-free years and no longer "pose a threat to the safety of others" should be permitted *1014to ask a court to terminate their registration obligations. Appellants' interpretation requires no alteration of the language in subsection (f). They recognize that, despite the relatively minor nature of the offenses, subsection (f)'s fifteen-year period began anew because of their 2001 convictions. See A.D.,
As noted, although the judge would not relieve H.D. of his registration requirements, he nonetheless terminated H.D.'s CSL under N.J.S.A. 2C:43-6.4(c), finding that he had remained offense free for fifteen years since his last conviction and clearly and convincingly demonstrated he no longer posed a threat to public safety.
*217The State seeks to explain this away by arguing CSL is part of the sentencing provisions of the Criminal Code, reflecting its penal nature, while registration is remedial. Undoubtedly, that is what the Court has held. Schubert,
In J.S., we were asked to decide if subsection (f)'s fifteen-year period commenced upon entry of a guilty plea or entry of a judgment of conviction.
We specifically found support for our conclusion in the language of N.J.S.A. 2C:43-6.4(c), "adopted contemporaneously with Megan's Law."
We recognize that J.S. resolved a different issue. Nevertheless, in that case, we harmonized the Legislature's use of different language to avoid an interpretation inconsistent with legislative intent. So, too, the construction urged by appellants here harmonizes the different verbiage employed by the Legislature in subsection (f) and N.J.S.A. 2C:43-6.4(c). It does not result in two different time frames for potential relief from the consequences of conviction for one singular sex offense: one period that permits *218permanent relief from CSL and another that permanently denies relief from registration obligations.
We are convinced that the Legislature never intended to forever bar relief from Megan's Law's registration requirements to every person who commits an offense, however minor, within the first fifteen years following conviction of a sex offense or release from custody after that conviction. We therefore reverse in A-5321-16 and A-5322-16 and remand the matters to *1015the Law Division. The respective courts shall consider whether H.D. and J.M. have remained offense free since their 2001 convictions and are "not likely to pose a threat to the safety of others." N.J.S.A. 2C:7-2(f).
Reversed and remanded. We do not retain jurisdiction.
"The Legislature subsequently amended the statute, replacing CSL with parole supervision for life (PSL)." G.H.,
In 2003, the Legislature comprehensively revised the statute involving computer-related offenses, repealing N.J.S.A. 2C:20-29. See L. 2003, c. 39, § 9.
Because of the facts presented, we need not address the "permanent [and] irrevocable" "lifetime registration requirements" imposed by N.J.S.A. 2C:7-2(g) on those convicted of aggravated sexual assault, N.J.S.A. 2C:14-2(a), sexual assault, N.J.S.A. 2C:14-2(c)(1), or more than one sex offense. G.H.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.