CRIMINAL LAW IN NEW JERSEY: THE NEW PROCEDURAL CHANGES TO MEGAN’S LAW

New Jersey’s Megan’s law allows the government to closely monitor sex offenders convicted of certain offenses. The government’s right to maintain vigilance over a convicted  sex offenders is influenced by a risk assessment scale which considers, among other things, the likelihood of a sex offender’s recidivism. Categorically, that assessment is grounded upon three tiers: Tier 3(high risk); Tier 2( moderate risk); and, Tier 1(low risk).

 Last month New Jersey’s Supreme Court implemented a new instruction manual for trial judges that identifies the procedure to be followed when addressing tier designation, tier modification or tier termination. The most innovative aspects of the procedure is an in camera proceeding  where the defendant, his/her counsel and the prosecutor can discuses with the judge in his chambers sensitive issues that may influence the judge’s decision making. Notably, at this in camera hearing, the defendant has the right to personally address the court.