Superior Court of New Jersey, Law Division, Bergen
Approved for Publication March 26, 2015.
Karen Gwynn, Assistant Prosecutor, for the State of New Jersey ( John L. Molinelli, Bergen County Prosecutor, attorney).
James V. Pomaco, attorney for registrant J.M.
[440 N.J.Super. 109] GUIDA, J.S.C.
This is a motion to terminate registrant's obligations pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -23, and Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(c). The court addresses the novel issue as to whether a convicted sex offender, who is subject to a lifetime bar to termination of Megan's Law registration may nevertheless be eligible for termination from the requirements of CSL and PSL.
The State opposes the motion on the ground that the registrant is statutorily barred from termination of registration obligations pursuant to N.J.S.A. 2C:7-2(g), but is silent as to whether registrant is also barred to seek relief from the CSL obligations of N.J.S.A. 2C:43-6.4.
Registrant, now age forty-two, argues that N.J.S.A. 2C:7-2(g), enacted seven years after he entered a guilty plea, should not be applied retroactively, and he should therefore be eligible for termination of his registration and CSL obligations.
On May 22, 1995, registrant, then twenty-three years old, pled guilty to aggravated sexual assault upon a thirteen-year-old victim,
a first-degree crime, in violation of N.J.S.A. 2C:14-2, pertaining [440 N.J.Super. 110] to an incident which occurred between October 1991 and August 1993.
Registrant was sentenced as a second-degree offender to a term of imprisonment of seven years. He was released from custody in 1997.
On September 17, 1998, registrant was designated a Tier 2 offender, with the scope of notification to schools and daycare facilities located within one-half mile of his residence and place of employment.
On March 14, 2002, after an updated review of the Registrant Risk Assessment Scale (RRAS), an order was entered directing that information pertaining to registrant be included on the sex offender internet web site.
Registrant changed his residence, and on July 26, 2012, an order was entered affirming his Tier 2 designation and notification obligations for his new address.
From 1997 to the present date, registrant has been offense-free and has been gainfully employed without interruption. Registrant was evaluated by a psychologist in November 2013, who ...