On appeal from the Superior Court of New Jersey, Law Division.
Approved for Publication November 17, 1995.
Judges Shebell, Long and Wallace. The opinion of the court was delivered by Shebell, P.j.a.d.
The opinion of the court was delivered by: Shebell
The opinion of the court was delivered by SHEBELL, P.J.A.D.
On August 1, 1995, the registrant pleaded guilty to endangering the welfare of a minor (N.J.S.A. 2C:24-4a). Pursuant to a plea agreement, a sentence of two years of probation and a fine were imposed. On or about October 3, 1995, the registrant was personally served with a letter of notification that stated "You will be classified in TIER 2." The notice informed the registrant that the decision had been made by the County Prosecutor's Office that his presence in the community poses a moderate risk and that the Tier 2 evaluation was based upon the Sex Offender Risk Assessment Scale attached to the notice.
The notice further attempted to convey to the registrant that unless he made application to the designated Judge of the vicinage involved on or before October 17, 1995, that notification would proceed in the manner described in the notice. It was stated on the second page of the letter that "[if] application is made by you, there will be no notification unless authorized by the court." The letter continued by stating the following:
If you wish to apply for judicial review of this determination, the following must be done immediately:
1. READ AND IMMEDIATELY SEND a completed copy of the attached Application Form to:
[designated Judge and location of courthouse were set forth]
A copy of this form must also be sent to the Prosecutor's Office in the enclosed envelope.
2. If you wish to hire a lawyer, but can not afford one, please include that information on the attached Form.
3. If you decide to apply for judicial review, a conference will be scheduled before [designated Judge] for the following date:
Tuesday, October 24, 1995 at 9:00 a.m.
Failure to appear on this date shall result in the dismissal of your application. Should you decide not to contest the Prosecutor's decision, then ...