The New Jersey Supreme Court ruled this week that the provision of their registration statute that allows those on the registry to apply for removal if they haven’t committed a crime within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed is a one strike and you are out deal.
Two NJ registrants filed a lawsuit seeking their removal from the registry after remaining crime free for 15 years. Even though their crimes were in the 1990’s, they both had arrests in 2001 – one for a computer-related theft and one for failure to register as a sex offender, Since 15 years had passed since their 2001 theft and FTR, they sought removal, but the State argued that the Statute says if you commit a crime within 15 years of your sex offense you’ve blown your chance to ever get off the registry.
Sadly, their Supreme Court agreed. The opinion can be read here: https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_73_74_18.pdf?c=bWo
This sounds like a preemptive recapture law. Recapture laws state if you get off the registry or (like TN) supervision and catch another charge, even a non-sexual charge, you go right back under sex offender supervision.
Bottom line is that state and federal law makers are stuck making terrible laws that are backed by fear of big business. The even bigger problem is that DOJ is a big business. We pay taxes to keep the courts running but large corporations with invested privatized prison systems are running those courts. Until greed and fear are running the lobby campaigns we will not be able to get a fair voice in the matter.
People like Janice Bellucci do take their cases as far up as possible including the SCOTUS. BEcome a voice and just don’t take the crap. Join organizations like WAR and ACSOL to become a larger voice. There is a movement.
What about FAC?
People convicted in NJ of a sex crime don’t do a set time of probation/parole or community supervision as they call it. Earlier cases were put on CSL (community supervision for life) and after a certain date, that was changed to PSL (parol supervision for life). It’s called “for life” but there is a way to get relief depending on your tier level. This CSL/PSL is not just registering a few times a year. It is “as if on parole”. All the usual parole conditions under a different name.
Talk about BS violations. We were given these new ” improved ” monitors in florida your supposed to plug them in for at least 6 consecutive hours. Well I plug mine in right around 10:00 and dont take it off till 6: 00 that’s 8 hour. Well last night it goes off saying low batterie I get a phone call from the monitering center ( I’ve never been called before due to a low batt. ) I get the typical where were you , why is your batt. Low. Then today my PO calls to inform me to put it on charge at 10:00 and not to take it off till 5:30. And if it happens again he will file a violation !! I’ve been on this crap for 3 years never had an issue with the old boxes it goes to low batt you put it on charge asap. But never been called nor even had a PO say anything about it these new monitors I think are set up to give them even more chances to violate you
This is the kind of issue that needs to be sued. Come to think of it – tell your P.O. to put it in writing and give you a copy of it that if your battery runs low you’ll be violated.
Watch how quickly your P.O. changes his attitude. But ask for it in writing anyway. You’re not doing anything worthy of a violation.
Funny thing maestro I called him and asked him if the power goes out what am I to do then. He didn’t say anything really but then sent me a message on my monitor telling me to plug it in at 10: 30 . Mamma didn’t raise no fool he was on speaker so everything he said was witnessed then I took a picture of what he sent to my box. At 10:30 as I was plugging it in it went off saying ” in charger violation ” I took a picture of that as well as the fact it was plugged in. I then called and left him a voice mail and sent him an email telling him worded. Following your instructions At 10:30 as i was plugging my box in it went off saying charger violation. Just to be sure it was documented that i waited till 10:30 to plug it in since that was his instructions. He emailed me back saying it needs to be prior to 10:30 I took pictures of both emails and sent copies to a trusted source. Just in case if you know what i mean. we have to be sure to document everything to protect ourselves the law sure as heck wont
I know judges, probation, law enforcement, courts and the public cannot stand us. Having said that, to break the law and lie to get us violated, how in God’s name does that make them any better than us?
They will ( And have ) lie on the stand to cover their butts which also can carry a jail time.
When I was on probation, a neighbor lied and said there was porn on my computer. Cops showed up with probation and did a “Knock and raid” entry. They tore my house apart, then searched my computer. The only thing they found in my apartment was a flyer from a strip club with a slightly dressed pole dancer.
Probation officer took that and said it was porn. When I went in to her office the next day by her order ( thought I was getting locked up ) she told me one of the neighbors had called in a tip.
She said to watch my ass and that was the last I heard of it. Although they never did pay me for all the damage they did to my house when they tore it apart and kicked in my door.
Either the battery or the charger is bad. Things that continue to be re-charged lose power over time to the point they do not hold a charge. Most likely the battery and not the charger but could be either.
Ask them to swap it out.
I’m convinced that in order to be a probation officer, the only requirement is that you lack common sense.
Hey maestro it’s kind of like the DOC joke app I saw it has a question of have you ever had incestuous relations with a family member or a farm animal if you say no your not qualified to work for DOC. ! 🤣
Not entirely accurate. There are a few DOC employees who are probation officers that are surprisingly decent people. Refreshingly so even.
Sc
I agree. My officer covered my butt at least 3 times. Not that I did anything wrong just neighbors lying and saying I showed my junk to them so they could make me move. Of course no charges were ever filed on the false reporters. Non registered people seem to get a pass.
Additionally, my PO looked out so much for the people that she looked after, it ended up getting her fired. Only know that because I saw it a few years ago on the news. They gave her such a high work load she could not be at every house ever waking minute. One of the people violated majorly and she did not know and it cost her, her job.
After that all the PO’s in that county became 10000000% by the book plus 100 with ZERO tolerance. Glad I was done with probation when they happened.
Is there an advocate in NJ to help fight this?
i say we finishing these funds and have a new challenge fund set up to challenge the time frame to be able to petition to get off of it … It is nothing but continuous servitude salvery to the federal and state goverement
I delt with this same thing in Florida recently. I was 16 years old. It’s been 30 years. I had one techinal violation 18 years ago. They told me to have a nice day….It’s not much better down here. They Do Not want people off this thing. If they violate me again it will have to be on some made up techinal B.S. If that happens they may as well shoot me on sight because I’m not going back alive. I’ll have to be dead.
At least it a 15 year window in Jersey!!!Florida is 20 years and AZ is life! I got 12 and 1/2 yrs to go if I don’t die from the new bug virus, old age, get jam up on some fail to register bullcrap and some false arrest charges. I hope this Ex post fact case gets a big win!!! Please GOD Let it be a win!
Florida is 25 years
To be more clear, Florida is 20/25/Life.
You might be 20 I am 25. Some will never get off unless law changes.
And that is once you are off paper. My charges are from 30 years ago but didn’t get released from paper until after the cut off.
Registry when I was charged meant wedding registry at Target.
LIfe? wow I wonder if a person can ever get out from the “Club Membership” now I have my answer. $hit most of us took plea bargains in the early 90’s with a chance of escaping life in prison because the point systems or sentence guidelines. You might as well say some of us are doing life sentences anyway. I might as well took it to trial and face 12 jury members,1 judge and having 1/2 chance of not doing life in prison. (13 1/2 ) either way most of us got F@ck over!!!
But even if you refused the plea and got a harsher sentence, you’d still come out on to lifetime registration. Going to trial doesn’t exclude registration when released so why does it even matter if you took a plea or not? I’m not getting why everyone is always on the “I should not have taken a plea” kick in here.
And in e again, the courts refuse to see the registration as punishment!
Also knowing they cant come off if they commit a crime during the 15 years what is to stop the law enforcement that already doesn’t like RSO’S from violating them for something petty just so they have to stay on for life. The sheriff in Georgia that is putting the signs on lawns during Halloween would do it the sheriff in pasco county who is open about his dislike for RSO’s would do it
Wait, so one of the guys could not get off because he forgot to register one time? i thought that the registry was not punitive. If it causes more punishment or fails to relieve you of punishment is that not punitive? I have to say i almost forgot this year until the second to the last day of the month. luckily for me it was not a weekend and i could still go down, but imagine if it was a weekend or holiday i would be in jail right now. they should treat it like marijuana convictions if they are going to keep the registry. The lower the amount of crime you are charged with the less you have to stay on the registry. I know some states do that but it should be federal. Give some of us some hope in the time of crime reform
I looked at adult women on the internet. Now I’m screwed. Not even a ftr.
I am in the same boat as the two in this case. Convicted in NJ for a sex crime. Level 1 so I could have petitioned to get off the registry in 15 years but I got a technical violation in 2008. That technical violation is considered a felony offense. I got 1 year probation from that (on top of the community supervision I was already on). I THOUGHT I could then apply in 2023. The NJ supreme court says nope.
THIS REALLY SUCKS BIG TIME.
Is this where the court case ends or can it possibly go to the US supreme court?
I have spoken to a very well known and knowledgeable attorney firm in NJ about this. While the 15 year clock does NOT reset (thanks to this case above) to be able to not register, the clock DOES reset to get relief from CSL/PSL. So, in 2 years (15 from 2008) I can petition to get off of CSL. Yay. I still will have to register but will no longer be on “as if on parole” supervision.
There is also a different case pending that will (again) fight this clock not resetting to get off registering.
WTF!? The Po-po can jam anyone up with some absurd FTR “infraction” because those statutes are so convoluted and incomprehensible! 😠
It’s just a state’s way of reassuring people never get off the registry. I mean, what does having committed another crime that isn’t a sex crime, have anything to do with the possibility of having a chance for removal? It doesn’t, they just want you to be good little boys and girls, and do exactly what they want to the letter.
This is proof that the Registry is extended probation/punishment. Ya gotta watch your p’s and q’s, dot your i’s and cross your t’s if you happen to be in the wrong place at the wrong time when a crime happens and you get arrested thats it for ya!.
You done violated your “probation” even though you accually finished probation 20 years ago. Soon it’ll be a traffic ticket will be the reason you can’t get off the registry for life. Im really sick of it too!!.
AND even if you make it to the time to go before a judge say 20 to 25 years with no additional charges, you pay the lawyer all that money and the judge can still say NO! It is not a guarantee and do not think you can appeal it if ruled against. Although the judge may say something like ” Come back and see me in about 5 more years and we can see what we can do”.
Game of cat and mouse.
As we all knew, they trap us in B.S no win situations to catch a charge and never be able to get off the registry. Since they (Big government) are aware of groups like F.A.C and lawyers trying to knock down the registries, they will try every trick in the book to not let that happen.
We are set up to fail from the get go. I am basically a prisoner in my parents house even though not on probation because I basically fear going anywhere there is contact with people.
At least New Jersey requires a conviction or so it would seem. In Florida, and the rest is all that it takes But seriously, those Jersey laws are weird. At least some people can get off the registry now. My recollection is before the only thing you could hope for would be to get off the website.