IN THE MATTER OF REGISTRANT H.D. IN THE MATTER OF REGISTRANT J.M. (ML-98-07-0091 AND ML-98-17-0002, ESSEX COUNTY, SALEM COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) (A-5321-16T1/A-5322-16T1)
Within fifteen years of having been convicted of "sex offenses," see N.J.S.A. 2C:7-2(b), and sentenced to probation, each registrant was convicted of another offense. After fifteen offense-free years following those convictions, registrants moved to be relieved of their registration obligations pursuant to N.J.S.A. 2C:7-2(f), which provides in relevant part:
[A] person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.
The Law Division judges denied relief, concluding essentially that conviction for any offense within fifteen years of the conviction of or release from imprisonment for the underlying sex offense permanently barred relief.
The court reversed, concluding that although the statute was ambiguous, permanently barring relief was 1) contrary to the Legislature's intent and the remedial purposes of Megan's Law; and 2) inconsistent with N.J.S.A. 2C:43-6.4(c), which permits termination of community/parole supervision for life "upon proof . . . that the person has not committed a crime for [fifteen] years since the last conviction or release from incarceration, . . . and . . . is not likely to pose a threat to the safety of others if released from parole supervision."
