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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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