Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark
14-2-9253 In the Matter of Registrant J.S. , App. Div. (Lihotz,, P.J.A.D. ) (14 pp.) The issue in this case deals with when the 15 year clock starts to run for all the Megan’s Law defendant’s who want to NOW petition the court to get off of Megan’s Law. There are several factors which need to be addressed. The most important one is that a Megan’s Law defendant can not have any crimes or offenses once put on Community Supervision for Life! That is hurdle No. 1! Then, once that is satisfied the date of the Motion to get off of Megan’s Law comes into play. This published decision now determines the clock starts running once the Judgement of Conviction is actually issued by the court. Presumably that would mean once it is actually filed with the Clerk of the Court. In this case that is the difference between January of 2000 and November 2000; some 11 months. Although it is a technical difference, it is additional time! In this case of first impression, As well, this decision has now set that as a firm start date. So, look for your Judgement of Conviction paperwork or go to the Clerk of the Criminal Court in the county where you were sentenced to obtain the exact date the Judgement of Conviction was filed with the court!
Court Opinion of Megan’s Law Registration Termination
The court opined: We interpret N.J.S.A. 2C:7-2(f), which allows termination from the registration requirements of the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -11, also known as Megan’s Law, and the related requirements for Community Supervision for Life “upon proof that the person has not committed an offense within 15 years following conviction.” The judge adopted petitioner’s position he was “convicted” on January 14, 2000, the date he entered his guilty plea. The State disagreed and asserted petitioner was “convicted” on November 13, 2000, the date the judgment of conviction was imposed. Following our review, we reverse and conclude the import of the statutory language requires, as a prerequisite for requesting termination from the registration requirements, an offender demonstrate a fifteen-year period of being offense-free and Megan’s Law compliant, following the date the judgment of conviction is issued. (Approved for Publication)