NJ: Supreme Court rules removal from registry is one strike and you are out!
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
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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.
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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.