Last year around this time, we shared information concerning how offenders actually find their way onto the internet registry. Without question, inclusion is a black mark and create long-lasting consequences.
The process actually begins after the defendant’s conviction and becomes part of the Pre-Sentencing report. Meanwhile, there’s a huge chance that those included are actually innocent of all charges. The long-term effects highly suggest the need for an attorney with experience in criminal defense. As bad as it is to serve time in jail, the requirements promulgated by Megan’s Law could absolutely make matters worse.
That said, it pays to get a basic understanding of how inclusion on Megan’s Law works. In the first place, you should know that there are three tiers accounted for on the sex offender’s list.
Sex Offender List: Three Tiers
NJSA 2C:44-6 offers the guidelines as far as what happens before the judge sentences a defendant in New Jersey. Upon directive from the court, the State routinely conducts a presentence investigation which is summed up in a presentence report.
Megan’s Law’s Three Tier system represents a few things. First, the tiers are divided as follows:
- Tier One: Low-Risk Offenders
- Tier Two: Moderate Risk Offenders
- Tier Three: High-Risk Offenders
Wonder how the tiers are determined? As part of the presentence report, investigators complete a form tallying a Registrant Risk Assessment Scale. You can see a copy of it here.
Registrant Risk Assessment Scale
As you will note, a score under 36 represents a Low range offender. Moderate range falls between 37 and 73, whereas High Range is between 74 and 111 points. Meanwhile, the manual used to compute scores also provides some critical pointers.
As noted, the assessment assigns points in various categories. For example, a Tier 1 offender would not use any type of physical force when enticing his or her victim. He or she might sweet talk the victim or even offer some candy as a means of interaction. This would not add any points to the scaling form. However, if the victim is under the age of 13, the behavior is considered high risk. Three points would then be added to the scoring system.
The Offender’s History is also considered in the assessment. Have there been prior offenses? If so, how many? When was the last time that the individual faced sexual abuse charges? The list of questions continues with inquiries as far as response to treatment and issues with substance abuse. Community support is also evaluated.
What the Different Tiers Mean to Offenders
First, New Jersey requires registration from anyone convicted of “aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact if the victim is minor, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, endangering the welfare of a child through acts involving pornography featuring a child, promoting prostitution of a child, luring or enticing, kidnapping, criminal restraint, and false imprisonment if the victim is a minor and the offender is not a parent of the victim.”
The mandate also obliges offenders to report changes of addresses. Those without of state sex abuse convictions must also submit their names to the state within ten days of residence.
In the meantime, tier levels mean something when it comes to notifications regarding offenders. Truth be told, Tier 1 offenders are excluded from the internet database of sex offenders, which is absolutely critical when it comes to applying for housing and jobs. Only law enforcement officials are notified of their location.
In the case of Tier 2 offenders, the list expands to other places that may attract pedophiles and sex offenders. This includes camps, daycare centers, and schools. Notification is available to the general public for Tier 3 offenders
Contact Us
The Law Offices of Anthony Carbone is experienced in representing those accused of sexual violence. Inclusion in the sex offender’s registry is a serious matter. Contact us to discuss how we can assist you.