Man shot dead in Trenton was a registered sex offender

8-5-17 New Jersey:

TRENTON -- The man shot dead in North Trenton Friday night was a 21-year-old Somerset County resident.

Jerome J. Thomas, 21, was from the Somerset neighborhood of Franklin Township.

He was shot multiple times while sitting in his vehicle on the 600 block of Southard Street at about 7:50 p.m., the Mercer County Prosecutor's Office said Saturday. He died a short time later at a city hospital.

Thomas was a registered sex offender. He's listed on the New Jersey sex offender registry as a Tier 2 offender with 2013 conviction for sexual assault.

The registry says his victims were girls, ages, 13, 15 and 17.

The prosecutor's office did not report any arrests or charges filed in Thomas' killing, not any other details of the crime. The prosecutor's Homicide Task Force is investigating.

The killing is the second this week in Trenton.

On Monday night, Jermaine Austin, 37, was shot multiple times in the 1100 block of East State Street, near North Olden Avenue. He also died a short time later at a city hospital.

No arrests or charges have been reported in that case. ..Source..

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Kyleigh’s Law: Should we protect NJ teens from learner’s permit decals?

More importantly we need a law to protect society from stupid thinkers!

9-16-15 New Jersey:

Are the red decals young drivers have to put on their license plates an invitation to potential sex offenders? Are they advertising that there’s probably a teenager in the car?

Some people think so, while others say they’re a valuable tool for law enforcement.

Kyleigh’s Law has been controversial since it was first enacted in the Garden State in 2009. There is now another move to repeal the decal requirement and hold parents and guardians responsible if their kids don’t obey the Graduated Drivers License law.

“These decals identify youthful drivers to the public and while most of the public is rational and sane there are people who have nefarious thoughts for youthful drivers, youthful people in general and have sinister thoughts with regard to interacting with them,” said Assemblyman Robert Auth (R-Cresskill).

Legislation (A-822), introduced by Auth, would repeal the requirement that the holders of GDLs display a decal on the car they are driving and require parents and guardians of graduated driver licensees under the age of 21 to enforce restrictions that apply to these young drivers.

“There’s no empirical evidence that any of the problems they seek to correct in this legislation are real. I see no point in entertaining legislation that accomplishes nothing,” said Assembly Transportation Committee chairman John Wisniewski (D-Sayreville), who sponsored Kyleigh’s Law.

Under New Jersey’s GDL program, drivers under the age of 21 are allowed to have one passenger allowed with the exception of a parent, cannot use of cell phones even if they’re hands-free devices and they have a nighttime curfew of 11 p.m. Under Kyleigh’s Law, they must also display a red decal so that law enforcement can easily identify them.

Under Auth’s bill, a young potential driver would not get a permit or license unless their parent or guardian pledges, in writing, to accept responsibility for enforcing the GDL laws and conditions. The measure would increase the penalties for GDL drivers who violate the restrictions and also impose penalties on the parents or guardians of these drivers.

“How will anyone figure out whether or not kids did not abide by the law? Will the parents turn them in so that the parents themselves could then be penalized,” Wisniewski asked.

The GDL law is valuable and important, Auth said and he pointed that that he has no problem with the statute itself. The decals were his only concern.

On Aug. 6, 2012, the New Jersey Supreme Court unanimously upheld Kyleigh’s Law in a ruling that said the statute did not make young drivers vulnerable to pedophiles which meant it did not run afoul of the federal Driver’s Privacy Protection Act. (See HERE and HERE)

“The young drivers subject to (Kyleigh’s Law) have no reasonable expectation of privacy in their age group because a driver’s age group can generally be determined by his or her physical appearance,” the court wrote.

According to Paul Loriquet, communications director for the Attorney General, Highway Traffic Safety is aware of only one reported incident in which a teen driver was stopped by someone who was not a police officer. The incident, Loriquet said, happened within the first year that the law went into effect.

“It involved an individual impersonating a police officer who stopped a vehicle with a teenage driver. No details were provided,” he said. “Apparently the teenage driver drove away without any further incident.” ..Source.. by Kevin McArdle

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Toms River Woman Accused Of Trying To Frame Husband With Lewd Photos Of Children

8-4-15 New Jersey:

TOMS RIVER, N.J. (CBSNewYork/AP) — A Toms River, New Jersey woman has been on charges that she took lewd photographs of children in an attempt to frame her husband.

The Asbury Park Press reports that 35-year-old Jeana Ganun, of Toms River, faces two counts of child endangerment and single counts of false incrimination and invasion of privacy. The indictment was handed up on July 20 by an Ocean County grand jury.

Authorities have not said why Ganun allegedly tried to frame her husband.

Ganun remains in the county jail, where she has been held for several months on other charges. Among those counts are allegations that she provided prescription drugs to a man who later died from a “negative reaction” to the medication.

The newspaper reported Ganun was also indicted in December in the drug-induced death of Eric Mills, 27, who overdosed in 2013 on Oxycodone that allegedly came from Ganun. ..Source.. by CBS New York

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Measure to Revise Megan's Law Released by Assembly Panel

1-18-2015 New Jersey:

Legislation Assemblymen Timothy Eustace and Joseph Lagana sponsored to make a state law requiring convicted sex offenders to register with local police more effective was advanced Thursday by an Assembly committee.

The bill (A-3832) would revise New Jersey’s Megan’s Law to bring the state into compliance with the requirements of the federal “Sex Offender Registration and Notification Act” (SORNA). Under the bill, as per SORNA, information about all registered adult sex offenders would be publicly available online in a database searchable by zip code or geographic region for the duration of the offender’s legal registration obligation. Current New Jersey law only requires information for high- and moderate-risk registrants to be published online.

In addition, the measure would add the full address of an offender’s place of employment or school enrollment to the list of publicly available information and require public notification whenever an offender cannot be located or is in violation of registration requirements.

“At present, the cumbersome, resource-intensive nature of the classification process for which Megan’s Law currently calls can significantly delay community notification, thus detracting from the law’s overall intent,” said Eustace (D-Bergen/Passaic). “This measure will strengthen the law by closing gaps in the statute and making it easier for parents and law enforcement agencies to protect communities across New Jersey.”

Currently, New Jersey law calls for a risk-based tier classification system to categorize sex offenders. Upon receiving a sex offender’s registration form from local law enforcement, county prosecutors assess the offender’s risk of committing another sex crime in the future. Prosecutors then classify offenders as either Tier 1 (low risk), Tier 2 (moderate risk) or Tier 3 (high risk).

The offender’s tier classification determines which parties receive notification of his or her presence in the community, with local police receiving notification of Tier 1 offenders; local police, schools, day care centers and certain community organizations receiving notification of Tier 2 offenders; and those living in close proximity to the offender – in addition to the aforementioned parties – receiving notification of Tier 3 offenders. Only information regarding Tier 3 offenders and some Tier 2 offenders is available to the public online.

Under the bill’s provisions, offenders would instead be classified as either 15-year (e.g. convicted of lewdness, invasion of privacy, luring or enticing a child, receipt or transmission of child pornography), 25-year (e.g. convicted of sex trafficking, production or distribution of child pornography, knowingly promoting child prostitution) or lifetime (e.g. convicted of aggravated sexual assault, sexual assault) registrants, linking classification solely to the offense committed rather than the perceived risk of the offender. Offenders would be required to verify an address with the appropriate law enforcement agency regularly according to the following schedule:

15-year registrants – once every 365 days

25-year registrants – once every 180 days

Lifetime registrants – once every 90 days

The bill would require an offender to register with the chief law enforcement officer of the municipality in which he or she resides and be classified upon sentencing, thus eliminating the lapse in notification time possible under the current risk-based tier classification process.

The bill also would require the state to provide its information to the National Sex Offender Registry and exchange it with other states when registered sex offenders relocate to or from, or travel to, New Jersey. In addition, the bill would require offenders to give law enforcement three weeks’ notice prior to any international travel.

As compliance with SORNA is required for federal Edward J. Byrne Justice Assistance Grant eligibility, transitioning to the offense-based classification process would allow New Jersey to avoid a 10 percent reduction annually in its allocation of these funds, Lagana said.

“Implementing SORNA in New Jersey will save time and money while maintaining a focus on public safety,” said Lagana (D-Bergen/Passaic). “Furthermore, in addition to ensuring that New Jersey residents have access to the information they need to keep their families and communities safe, this legislation will enable our state to continue receiving federal dollars that help supply vital equipment and training for local police departments.”

According to the U.S. Department of Justice, 17 states have substantially implemented SORNA, which was enacted as part of the federal “Adam Walsh Child Protection and Safety Act of 2006.”

Originally enacted in 1994, Megan’s Law established a system of registration to permit law enforcement officials to identify and make the public aware of sex offenders and offenders who commit other predatory acts against children. A 2001 law authorized the establishment of an Internet registry.

The measure was advanced by the Assembly Judiciary Committee. ..Source.. by Paul Nichols

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Prosecutors block DNA test that could clear man's name

1-11-2015 New Jersey:

A Long Branch man, convicted decades ago of sexually assaulting a 17-year-old girl in the city, has always maintained his innocence. Although Dion Harrell, 48, has been out of prison for about 17 years, after serving four years of an eight-year prison term, he still wants to clear his name.

But the Monmouth County Prosecutor's Office is blocking Harrell's attempt to have DNA from the 1988 crime analyzed to prove one way or another whether he is the man who committed the sexual assault.

An attorney for the New York-based Innocence Project plans to go before a judge on Monday in an attempt to force the state to test the DNA.

Attorney Vanessa Potkin said she hopes to convince Superior Court Judge Ronald L. Reisner to order testing done on the DNA collected from the victim of the sexual assault, which occurred on Broadway in Long Branch, late at night on Sept. 18, 1988. The crime occurred before DNA testing was available in New Jersey, Potkin said.

According to court papers filed in the case, Assistant Monmouth County Prosecutor Mary Juliano plans to oppose the DNA testing. In the filing, Juliano cites a state law that allows for DNA testing on evidence in the cases of convicted defendants currently imprisoned who are seeking exoneration. Harrell's case, Juliano said, does not meet the criteria because he has been freed.

Despite that, Potkin says Harrell's conviction on the sexual assault charge has thrown up roadblocks to his finding housing and employment because he is on the state's sex offender registry. His address is readily displayed on the Internet on the sex offender registry, she points out. And Harrell has twice been incarcerated since serving his sentence because he failed to register his whereabouts with police, a requirement for certain sex offenders under Megan's Law, Potkin said.

"It's a huge impediment to where you can live and where you can work,'' Potkin said of the sex-offender registry.

Harrell was 22 years old when he was accused of committing the sexual assault on the teenage girl, who worked at the McDonald's fast-food eatery on Broadway in Long Branch, across the street from where Harrell resided at the time, Potkin said.

The attack occurred sometime after 10 p.m., after the victim had finished working, Potkin said. As the girl was walking home on Broadway, she passed a man who made a lewd comment to her, and she told the man to leave her alone, according to Potkin. Instead, the man grabbed her from behind by the neck and dragged her 70 feet to an empty park lot, where he raped her. When the victim told her assailant that her father was across the street, the man grabbed her purse and fled, Potkin said.

The girl went home and told her mother, who called the police. She was taken to Monmouth Medical Center in Long Branch, where a rape kit with slides of evidence was collected, according to Potkin.

The victim told police she did not know her assailant, but she had seen him once before, about three weeks earlier in the McDonald's, Potkin said.

Three days later, the victim saw Harrell in the parking lot of the McDonald's and called police, according to Potkin. When officers arrived, Harrell was cooperative and went with them to police headquarters, where the victim identified him as the man who had raped her, Potkin said.

When Harrell stood trial in Superior Court in Monmouth County in 1992, he presented alibi witnesses who testified he was playing basketball with them that night and later went to a friend's house, according to the court papers that Potkin filed in the case. Despite that, Harrell was convicted of second-degree sexual assault, although he was acquitted of a robbery charge related to the purse snatching, she said.

Harrell's conviction rested on the victim's eyewitness identification of him and expert testimony that he could not be excluded as the rapist because of his blood type, Potkin said.

"Put simply, Mr. Harrell's conviction rests entirely on a single eyewitness identification and rudimentary, outdated forensic testing which has been completely replaced by DNA analysis,'' Potkin wrote in her court papers. "DNA testing is capable of excluding Mr. Harrell from the semen evidence and thereby providing unprecedented scientific proof of his innocence.''

Harrell has steadfastly maintained his innocence, even at his parole hearing, Potkin said. He first contacted the Innocence Project for help in 2002.

The Innocence Project, founded in 1992, is a non-profit legal clinic affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University in New York that provides free representation to convicts seeking to prove their innocence through DNA testing.

Since 1989, there have been 325 exonerations nationwide as a result of DNA testing, according to the Innocence Project's website. Of those, the Innocence Project has been involved in 173.

Five of the eight exonerations in New Jersey were of defendants who were convicted of rape based on mistaken eyewitness identification by the victims, according to the website.

Potkin says mistaken eyewitness identification is the leading cause of wrongful convictions, representing 72 percent of all exoneration cases.

While cross-racial identifications have long been considered problematic, that was not the case here, according to Potkin. However, she said, a documented phenomenon known as unconscious transference could apply, she said. Unconscious transference is said to occur when an eyewitness confuses a familiar but innocent person with an actual assailant, she said. Harrell was a frequent customer at the McDonald's where the victim worked, she said.

Harrell remained on the Innocence Project's waiting list for years. In November 2013, Potkin contacted the Monmouth County Prosecutor's Office requesting assistance in locating evidence from his case.

"For a year, we were told, 'There is no evidence, that it's lost or destroyed,''' she said.

Then, in October 2014, she was told the rape kit with slides of sperm had been located and was sent to the New Jersey State Police crime lab, but the prosecutor's office would not agree for DNA testing to be performed on the slides, Potkin said.

"It's incomprehensible that in 2014 in New Jersey, you have a prosecutor who refuses to have slides with sperm tested to determine if there is a wrongful conviction,'' Potkin said. "I'm dumbfounded.''

Telephone calls to the prosecutor's office were not returned.

Juliano, in her court filing, noted Harrell's conviction is almost 22 years old and has been consistently upheld by appellate courts.

"The State believes the conviction is entitled to finality,'' Juliano wrote.

Meanwhile, Potkin argues that if Harrell didn't commit the rape, DNA testing of the evidence could lead to the identification of the person who did.

"Isn't there a public interest in finding out if Dion Harrell is innocent, and if so, finding the right perpetrator?'' she asks. ..Source.. by Kathleen Hopkins

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Seven teens charged in Sayreville High School assaults

10-13-2014 New Jersey:

Six teenage football players accused of hazing and sexual assault at a New Jersey high school were taken into custody Friday evening, according to the Middlesex County Prosecutors office.

Upperclassmen howled as they flipped off the lights then sexually abused their younger classmates at Sayreville High School, parents and players say.

The identities of the teens, ranging in age from 15 to 17, are being withheld because of their ages, but the Middlesex County Prosecutor's Office released details of the charges in a statement Friday. A seventh teen also has been charged.

"Three of the juvenile defendants are charged with aggravated sexual assault, aggravated criminal sexual contact, conspiracy to commit aggravated criminal sexual contact, criminal restraint, and hazing for engaging in an act of sexual penetration upon one of the juvenile victims," the release stated. "One of those juvenile defendants and the remaining four juvenile defendants were charged with various counts including aggravated assault, conspiracy, aggravated criminal sexual contact, hazing and riot by participating in the attack of the remaining victims."

A family court will decide whether the six teens will be held at a detention facility pending a court hearing or will be released to the custody of their parents or guardians pending the hearing, the prosecutor's office also said in the press release.

The coach and officials would not comment on details of the abuse, but it may have gone on for a year. A Sports Illustrated article indicated that it likely did not involve intercourse.

"There were incidents of harassment, intimidation that took place on a pervasive level, in which the players knew, tolerated and in general accepted," says Superintendent Richard Labbe, who has canceled the successful team's football season.

The Sayreville Bombers took the state championship three out of the last four years. Now parents used to watching their sons' spirited team reign victorious on the gridiron are upset the season won't continue. ..Continued.. by Azadeh Ansari

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Parents Should Check Sex Offender Registry Before Halloween Trick or Treat

10-9-2014 New Jersey:

TOMS RIVER-Halloween is coming to Ocean County and children will eagerly go door to door, knocking for tricks and treats, but as parents, we may not know who or what lies beyond those doors.

Luckily in the digital age, parents can research and prepare prior to the big night.

While the best course of action is to participate in the affair with your children, not everyone does, but you can offer your unchaperoned teens and tweens a list of houses to avoid thanks to Megan’s Law and the Sex Offender Registry.

The Ocean County Board of Freeholders agree. In a statement today, the board stated, “It’s important to know what dangers a child may encounter when they are alone and out of the house. It’s also essential that they learn to avoid strangers and how to react if they are approached by an adult they do not know.”

The database lists up-to-date information on all convicted sex offenders who are residents of the Garden State.

Towns, counties, zip codes and even individual streets can be easily reviewed.

More advanced checks allow users to input the names of convicted sex offenders or check only newer records.

“This only takes a few minutes and can make a big difference in keeping a child safe,” Vicari said.

Vicari also suggested periodically checking the Megan’s Law database throughout the year. ..Source.. by Phil Stilton

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LETTER: Criticism of Megan’s Law unwarranted

8-28-2014 New Jersey:

One of Bob Ingle’s recent columns, an inquiry into the effectiveness of Megan’s Law, while mercifully unrelated to Gov. Christie, stands for a newer, more unfortunate trend taking hold of journalism: the misrepresentation — or willful ignorance of — the facts.

Criticizing the law as having been “rushed through” for political gain, Mr. Ingle states that defenders of Megan’s Law — a law requiring the registration and monitoring of convicted sex offenders — insist that the purpose of the law “was not to end child abuse but to give communities information about where convicted sex offenders reside.” But Ingle says supporters have long misled the public with the impression that the law could and would do more.

Mr. Ingle also states that after its passage, Megan’s Law was “tied up in court for years.”

This is revisionist history. Megan’s Law was passed in late 1994, its constitutionality was challenged, considered and upheld by the state’s Supreme Court months later in 1995. The next few years saw only residual challenges respecting the specifics of implementation (disclosure of what information and to whom) but to say that the law was “tied up in court for years” is at best disingenuous.

Further, the Legislature, as they often do, express their “intent” in passing a law within the first few lines of the statutory language. With respect to Megan’s Law, that bit reads: “The danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children ... require a system of registration that will permit law enforcement officials to identify and alert the public when necessary for the public safety.”

It continues by adding: “A system of registration of sex offenders and offenders who commit other predatory acts against children will provide law enforcement with additional information critical to preventing and promptly resolving incidents involving sexual abuse and missing persons.”

Mr. Ingle, despite this, condemns the law as absent a “clearly stated goal”, a “memorial” and “fuel for someone’s political career.” What about this purpose is unclear, or misleading? Any inference that the law would do more than what is stated above is a reflection on the citizen, who, like Mr. Ingle, did not feel it necessary to do their homework.

There is enough of our state’s real legislative evils to go around; our journalists should not be devoting their energies to the imaginary ones. ..Source.. by John Hart

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Twenty years later, has Megan’s Law delivered?

8-28-2014 New Jersey:

It has been 20 years since New Jersey’s Legislature passed Megan’s Law. The two decades since have been filled with legal challenges and disappointment that the law didn’t accomplish what many thought it would. It’s what happens when politics and emotion team to shortcut the legislative process.

The law is named for Megan Kanka, who was raped and killed in 1994 when she was 7 after being lured into the home of a twice-convicted sex offender, Jesse Timmendequas, who lived across the street from the child.

Her parents, Maureen and Richard Kanka, lobbied the Legislature for a law to require registration of sex offenders; it was named after their daughter. It went into effect just months after her horrible death.

Typical of legislation rushed through, New Jersey’s version has been much challenged. Other states and the federal government took their time and did it better. In New Jersey, there is a back story involving Republican Garabed “Chuck” Haytaian, who was Assembly speaker and wanted to replace Frank Lautenberg in the U.S. Senate. His colleagues saw the law as an opportunity.

In his campaign ads, Haytaian bragged he “fast-tracked Megan’s Law.” Both houses of the Legislature were controlled by Republicans and so was the Governor’s Office. They wanted to see Lautenberg, a Democrat, beaten. Haytaian came within 3 percentage points of winning.

Emotion and political ambition are not a good combination for strong, effective legislation — the usual vetting and debate got lost. After its passage, Megan’s Law was tied up in court for years, mainly because of unforeseen problems. As much as we hate it, there is a reason the legislative process is slow and deliberate by design.

In 2009, a study by the state Department of Corrections and Rutgers University concluded Megan’s Law doesn’t deter sex offenders in New Jersey. The report says it makes it easier to find them because of registration, but you don’t need a report to tell us that. It also said the cost of carrying out the law — the report used $5.1 million, the cost in 2007 — may not be justified.

After Gov. Christie Whitman signed the bill into law, Maureen Kanka hit the road, talking to groups about the dangers of pedophiles, and then worked in a foundation named for her daughter that used federal grant money to do background checks on volunteers who work with children. That money has dried up. The house where the crime occurred was razed and the lot is now a park named for the child. Timmendequas is serving a life sentence without a chance of parole.

The debate about Megan’s Law’s usefulness remains active.

Fletcher Duddy, an attorney in the state’s public defender’s office, told the Star-Ledger the law is “the product of good intentions” but does more harm than good. “Megan’s Law is just putting a scarlet letter on someone, making them a pariah in modern-day society so they can’t function in that society. It really has a counterproductive effect.”

“Are there problems with the way it’s implemented in places? Yes,” former Gov. Whitman told the paper. “Do we have to carefully remind parents to know where their children are and to watch? Yes. But this is one instance where it’s better to be safe than sorry.”

The Department of Corrections says about 7,000 people have registered under Megan’s Law in New Jersey and another 2,600 will have to when released from prison.

Nowadays, when asked about success in cutting down on child molestation, Megan’s Law defenders are quick to point out that the purpose was not to end child abuse, but to give communities information about where convicted sex offenders reside so they can protect themselves and the children in the neighborhood.

That’s what the much-challenged law does. But that wasn’t the impression of its intent given by supporters when it was rushed through. The public was allowed to be misled into thinking it would do more. Had lawmakers taken enough time, they might have created legislation that stood the test of time and afforded people a realistic understanding of what it could accomplish. Much more needs to be done.

There have been other laws named for individuals, and it seems that many are flawed. Laws should be about achieving a clearly stated goal, not as a memorial, or fuel for someone’s political career. ..Source.. by Bob Ingle

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Mandatory life sentence for NJ child molesters proposed again

8-18-2014 New Jersey:

Convicted child predators could face a mandatory life sentence under legislation one New Jersey lawmaker continues to push.

In August of 1994, just days after 7-year-old Megan Kanka was brutally raped and murdered by a two-time convicted sex offender, State Sen. Shirley Turner (D-Trenton) introduced a bill to toughen the penalty for child molesters by having them spend the rest of their lives in jail. The legislation has never gained traction, but Turner continues to re-introduce it every year.

“My bill would require that any person who sexually assaults a minor – they would go to prison and they would go there for life without the opportunity for parole,” said Turner. “Many studies have shown that people who have a proclivity for assaulting children continue to do so.”

The prison term would be mandatory, and it would apply to anyone who sexually assaults a child under the age of 16. Turner said she isn’t sure why the measure has never passed the Legislature, but she is hopeful it will get serious consideration this year because it is the 20th anniversary of Megan Kanka’s murder.

“We know that we have these registration programs that don’t seem to be working because many of the people who are released from prison for sexually assaulting a minor don’t register, and they continue to prey upon our youth – and this one way we can certainly protect our young people,” Turner said.

Many pedophiles know they have a sickness and they can’t help themselves, and that is why they must be locked up behind bars for the rest of the lives, Turner said. ..Source.. by Kevin McArdle

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Christie signs sex offender bill into law

Lawmakers replacing Judges? A separation of powers issue?

6-3-2014 New Jersey:

TRENTON, N.J. (AP) - New Jersey has become the 46th state to enact a law toughening penalties for sex offenders who prey on children.

Gov. Chris Christie signed the law known as the "Jessica Lunsford Act," which imposes mandatory 25-year terms without parole for anyone convicted of assaulting a child younger than 13.

Prosecutors would be permitted to negotiate a 15-year sentence to keep some victims from having to testify.

The bill is named after a 9-year-old Florida girl who was kidnapped, raped and buried alive by a convicted sex offender in 2005. Similar laws around the country are intended to keep child sex offenders locked up longer to reduce their ability to re-offend.

The girl's father, Mark Lunsford, has pushed hard for such laws.

He flew to Trenton to attend Monday's bill signing. ..Source.. by ABC27.com

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Christie signs bill to increase penalties for some NJ sex offenders

5-16-2014 New Jersey:

Sexual predators who target children will now face long mandatory prison sentences. Gov. Chris Christie today signed the Jessica Lunsford Act (A892), his office said.

The law, which takes effect immediately, will require judges to sentence those convicted of aggravated sexual assault against children under the age of 13 to at least 25 years in prison without parole.

The bill — which had 72 sponsors and co-sponsors — is named for a nine-year-old Florida girl who was raped and murdered by a sex offender.

Jessica Lunsford’s father, Mark, came to Trenton in 2011 to push for passage of the bill, which was modeled after a 2005 Florida law.

The law does include a way for such sex offenders to reduce their sentences. Prosecutors could, “in consideration of the interests of the victim,” offer plea deals to defendants in which they’d be sentenced to no less than 15 years without parole. ..Source.. by NJ.com

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Legislators Want Sexual Offenders’ Re-offense Risk Determined Prior to Prison Release

There is no doubt Lawmakers proposal will FALSELY force EVERY released offender into a HIGH RISK level for many years down the road (No residence or employment). Such will automatically increase law enforcement's workload and the courts' as well. All this because a small FEW fail to register who would automatically be put into a HIGH RISK without this bad law. Talk about short-sighted this is a prime example of vindictive, bad law!

3-22-2014 New Jersey:

To address what they see as a flaw in the state’s current sexual offender laws, Sen. Christopher J. Connors, Assemblyman Brian E. Rumpf and Assemblywoman DiAnne C. Gove have reintroduced legislation to require county prosecutors to determine sexual offenders’ risk of re-offense – or tier – prior to their release from incarceration.

Prosecutors classify sex offenders in one of three tiers based on the degree of risk they pose to the public: low risk/tier 1, moderate risk/tier 2, or high risk/tier 3.

“Current law prevents sex offenders from being tiered until they have been released into the community because the offender’s residence status is a factor that is considered in determining risk of re-offense,” the three members of the 9th District delegation said in a joint statement. “To address this glaring defect in the current law, our legislation would remove the residency from the factors used in the determination process so that sexual offenders are tiered before they are released into the community.

The introduction of this legislation, the lawmakers explained, followed conversations with local law enforcement personnel, including county prosecutors, “who warned about the inherent problems created by tiering convicted sex offenders after they have been released from incarceration. Given the transient nature of sexual offenders, it is not uncommon for these individuals to flee before ever being tiered.

“As a consequence, in these situations law enforcement and the public do not have a complete picture as to the offender’s likelihood of re-offending. Tiering classifications determine the level of community notification, which includes such information as an offender’s name, description and photograph, address, place of employment or school if applicable, a description of the offender’s vehicle and license plate number, and a brief description of the offense.”

Throughout the past several legislative sessions, Connors, Rumpf and Gove have called for the state’s existing sexual offender statutes to be strengthened to better protect children and communities.

“While there are those that would argue that the residency factor allows for better determination of a sexual offender’s risk of re-offending, we strongly feel that it actually serves to the detriment of public safety and only complicates the responsibilities of law enforcement in tracking persons required to register under Megan’s Law,” they noted.

Upon reintroduction, the measures were referred to the Senate Law and Public Safety Committee and the Assembly Judiciary Committee. Both companion measures have bipartisan sponsorship. ..Source.. by SandPapaer.net

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Jessica Lunsford Bill Clears Assembly Judiciary Committee

Given NJ is a Civil Commitment state and the costs to keep someone in CC is far higher than prison, was this bill approved for public safety reasons or to cut civil commitment costs?

2-26-2014 New Jersey:

Assemblywoman Alison McHose announces the Jessica Lunsford Act, which she has co-sponsored with Assembly Republican Deputy Conference Leader Mary Pat Angelini, has cleared the Assembly Judiciary committee.

Named for 9 year-old Florida resident who was abducted, raped and murdered by a registered sex offender nine years ago.

The prime sponsor of the bill is Assemblywoman Nancy Munoz, following the death of her husband Eric Munoz, the bill's original sponsor.

“New Jersey is one of the few remaining states in the nation that has not yet enacted Jessica’s Law,” said McHose, R-Sussex,Warren and Morris. “We must take a stand against sexual crimes against children and against those criminals who specifically target children. Children are among the most vulnerable members of society. The physical and emotional harm done them, as well as the trauma suffered by their families and communities, deserves the strongest possible response by the justice system."

According to McHose's office, "The measure, A-892, imposes a mandatory prison term of 25 years to life without possibility of parole for at least 25 years for persons convicted of aggravated sexual assault against a child under the age of 13. Parole ineligibility may be extended beyond the minimum 25 years if the convicted sex offender has been convicted of other crimes. In addition, if a victim is unable to testify, a prosecutor would be permitted to negotiate a plea agreement for a prison term of at least 15 years without parole.”

The Senate Law and Public Safety Committee last month unanimously approved S-215, which is identical to the Assembly version. ..Source.. by The Alternative Press Staff

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Allen wants tougher penalties for child sex offenders

1-31-2014 New Jersey:

TRENTON — State Sen. Diane Allen first introduced New Jersey’s Jessica Lunsford Act in June 2005, a few months after the 9-year-old Florida girl was kidnapped, raped and murdered by a twice-convicted sex offender.

In the ensuing years, Allen has reintroduced the measure every two years at the kickoff of a new legislative session, only to see it fall short of being signed into law.

This January marked the sixth time she has introduced the bill. She’s hoping it will be the last time.

“As you all know, Jessica was kidnapped, raped and buried alive back in 2005. Since then, I’ve had a bill in (the Legislature) to change many aspects of our law so we can make sure this kind of thing cannot happen to any children in New Jersey,” Allen said Thursday during a hearing on the latest version of the bill before the Senate Law and Public Safety Committee.

“Unfortunately, we’re now one of only five states that haven’t passed any Lunsford laws,” she said during the hearing, the first by the panel of the new legislative session.

The new version of the bill seeks to impose a mandatory sentence of 25 years to life in prison for anyone convicted of aggravated sexual assault of a child under age 13, except in certain circumstances of a negotiated plea agreement.

Current law permits a 10- to 20-year prison sentence for the crime.

Allen said the plea agreement clause was added at the behest of state prosecutors, who argued that there are some occasions when it’s in the best interest of the victims to permit a negotiated plea deal. In those cases, the bill allows an offender to be sentenced to a minimum of 15 years in prison.

The new bill also excludes previous language mandating that anyone found guilty of harboring an offender or hindering the arrest or conviction of a sex offender would face a mandatory sentence of six months in prison without the possibility of parole. Allen plans to introduce a separate bill with that penalty.

“Frankly, it’s a watered-down version. It is not the one the committee chairman (Donald Norcross, D-5th of Camden) was looking for or what I was looking for. But it is a start,” Allen said during the hearing.

Also testifying in favor of the measure was Gregory Quinlan of the New Jersey Family Policy Council. He pointed to a recent state auditor’s report that said many New Jersey parole officers were failing to maintain regular contact with sex offenders they are assigned to supervise, including some convicts marked for mandatory parole supervision.

“This is why this (bill) is so important,” Quinlan said. “I just want to see this passed.”

There has been some progress in moving the measure forward. During the last session, two versions of the bill were approved by the Senate and Assembly, but the chambers failed to approve a single bill with the same language.

The Senate Law and Public Safety Committee voted 5-0 on Thursday to release the measure from the committee. Norcross said he hoped it could be fast-tracked through the Senate.

“This is why we put this bill No. 1 on our 216th legislative agenda,” he said.

Allen, who hosted Jessica’s father, Mark Lunsford, during a Statehouse news conference in 2011 to advocate for the bill, said New Jersey has waited too long to put the bill’s child protection measures into law.

“There is little as heinous as the sexual assault of a child, and it’s time we send a message that those types of monstrous actions are going to be punished severely,” she said. “Those vile enough to commit this type of a crime once should never be afforded the opportunity to put a second child and family through a similar tragedy.” ..Source.. by David Levinsky Staff writer

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Trying to Ban Sex Offenders from Social Media Is a Waste of Time

"Sneaky and despicable," lets see what words can we come up with to describe lawmakers who have no idea what they are talking about? The defense of impossibility to comply seems to apply here, but lawmakers don't give a hoot about such things, they act on "sounds good" premises not real public safety.

1-30-2014 New Jersey:

New Jersey has become the latest state to try to regulate how (and if) sex offenders can use social media, an increasingly tricky problem facing legislators around the country. But privacy experts say the laws are problematic, and probably unconstitutional.

The proposed bill would require all sex offenders in New Jersey to disclose the fact on all of their social media accounts.

A similar measure was introduced, but not passed, last year. The measure has been pre-filed for the 2014 legislative session. Donna Simon, an assemblywoman who sponsored the bill, said anyone caught violating the law, if passed, could face a $10,000 fine and 18 months in prison.

“Sex offenders are very sneaky and despicable,” she said. “What they will do is they will have a myriad of screen names and other identities to use for communicating to children.”

Of course, stopping even a small number of sexual assaults is a laudable goal, but in many cases, laws that limit social media access are quickly struck down in court, making the whole exercise nothing more than a waste of time and money. A year ago, a federal appeals judge ruled that an Indiana law that banned sex offenders from using instant messaging, social networking sites, and chat programs was unconstitutional. In that decision, a federal judge wrote that the law “targets substantially more activity than the evil it seeks to redress.”

Nathan Wessler, an attorney with the ACLU, says that New Jersey’s proposed law is a similar overreach. The law would require sex offenders to disclose all of their online accounts to law enforcement, including E-mail addresses, screen names, social media accounts, message board handles, and more. Similar provisions in laws passed in Indiana, Nebraska, Georgia, Utah, California, and Louisiana have been struck down. A law banning sex offenders from social media was struck down in North Carolina last year, but a New Jersey ban on social media for sex offenders that are out on parole was upheld.

“The reporting requirement is particularly problematic, because you have a right to engage in anonymous debate online,” Wessler said. “You have the right to ask about embarrassing medical matters online to write on the Facebook page of the Mayo Clinic or post on message boards. The government is requiring people to turn over these anonymous identities so they can watch what they’re doing online even when it’s protected anonymous political speech.”

Wessler says that besides being unconstitutional, the requirement is “onerous and impractical,” because it requires disclosure of things such as randomly-generated email addresses from Craiglist and disclosure of accounts that may have long-since been forgotten about.

The New Jersey law is modeled on a law passed in 2012 in Louisiana and goes a step further, too. It “requires person who are required to register as a sex offender to provide notification of that fact on social networking sites” and also has to include “notice of the crime for which he was convicted, the jurisdiction of conviction, a description of his physical characteristics, and his residential address.” The offender must also link to their sex offender profile on a social networking site.

That’s a lot of information, and a lot of it is impossible, logistically, to follow through with, Wessler says.

“It is literally impossible to include all that information in 140 characters, so anyone on the registry who wanted to use Twitter would be automatically violating the law,” he said, forcing people to “choose between complying with this restriction or giving up the ability to engage in conversation in what has become the new town square.”

Some social media networks, such as Facebook and Match.com, already ask that sex offenders not register for their sites in their terms of service.

All of this may sound overly sympathetic towards sex offenders, but laws that do mainly superficial things such as trying to ban sex offenders from social media run the risk of diverting attention from other prevention efforts. The stereotypical image of a creepy old man preying on unknowing children is a popular—and certainly scary—one, but in reality, few sex offenders use social media to perpetrate their crimes.

“Numbers suggest that Internet-initiated sex crimes account for a salient but small proportion of all statutory rape offenses and a relatively low number of sexual offenses committed against minors overall,” according to a 2008 study published in American Psychologist.

More than 90 percent of sex offenders personally know their child victims, and in over 50 percent of cases, the perpetrator is a family member—far from a creepy stranger they met online.

“These laws end up being counterproductive,” Wessler said. “They’re not tailored at all to addressing the harm the state should be concerned about. Anytime a legislature relies on inaccurate stereotypes of the problem, they’re diverting attention away from ways to address the real problem. It can create a false sense of security and divert law enforcement resources.”

And, if the goal is to rehabilitate sex offenders who have served their time in jail, requiring them to abstain from social media can seriously hinder that. Because sex offenders often have a difficult time finding jobs, many are self-employed and start their own businesses. If they want to start a social media page for their business, they’d be required to comply with the law.

“A lot of times, they’ll try to make their own goods and sell them online or start a business that you can’t successfully do without marketing online,” Wessler said. “Complying with this is probably going to completely destroy their ability to promote that business online.” ..Source.. by Jason Koebler

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Megan's Law Gets New Teeth Under Bill Sponsored By Mercer/Middlesex Lawmakers

These Lawmakers are insane with this fee. Hopefully the ACLU is poised to take this case on.

1-22-2014 New Jersey:

Under the new law, sponsored by Assemblymen Wayne DeAngelo and Daniel R. Benson, both D-Mercer/Middlesex, newly convicted sex offenders will have to pay a $30 monthly fee

Penalties under Megan’s Law got a little stiffer under new law signed Tuesday by Gov. Chris Christie that makes sex offenders pay for part of their monitoring costs.

Under the new law, sponsored by Assemblymen Wayne DeAngelo and Daniel R. Benson, both D-Mercer/Middlesex, newly convicted sex offenders will have to pay a $30 monthly fee – money that would go into a state fund to pay for offenders’ supervision. Some of the money also would pay for authorities to track offenders’ online activity.

The law also upgrades penalties for sexual assault if the victim is physically or mentally incapacitated. The crime is now a second degree offense, up from the former third degree offense. It carries a sentence of 5 to 10 years in prison and a fine of up to $150,000.

It also increases the penalty for failure to register a new address with authorities from a fourth-degree to a third-degree crime and clarifies that a juvenile caught "sexting" with a cell phone would not have to register as a sex offender.

Under the new law low-level offenders whose conduct has been deemed "repetitive" and "compulsive" can be seen in publicly accessible online databases. Formerly, only mid-level offenders were included.

The law provides money from the supervision fund to upgrade authorities’ computer equipment to monitor sex offenders’ online moves, and it prohibits parole officers from handling more than 40 sex offender cases.

“This tweaks Megan’s Law to help prevent innocent children from becoming victims,” DeAngelo said in a release. “Measures like ensuring that parole officers are not overwhelmed by large case loads and creating penalties that can help fund initiatives to aid in the surveillance of these offenders will all help ensure that these perpetrators do not become repeat offenders at the expense of our children.” ..Source.. by Keith Brown

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'Jessica Lunsford' bill reintroduced

1-21-2014 New Jersey:

A bill that would have imposed mandatory minimum prison terms for those who sexually assault minors died with the end of the legislative session last week, but one of its prime backers says it will be dealt with in the new session.

Sen. Tom Kean Jr., one of the prime sponsors, said the so-called Jessica Lunsford Act will impose mandatory terms on repeat offenders. It has been reintroduced in this new term.

There were different theories regarding why the bill was not posted for a vote last week as the previous legislative session expired.

“I have no explanation’’ for why the bill was not posted for a vote, said Greg Quinlan of the N.J. Family Policy Council.

Quinlan said that while he had no firsthand knowledge of what happened, he speculated the lingering feud between Kean and Senate President Steve Sweeney may have come into play because Kean is one of the prime sponsors of the Senate version.

But Kean discounted that theory last week and said the problem was how the bill has changed since its inception.

The Senate passed a strong bill, he said, but the Assembly watered it down before passing it nearly one year ago.

Sweeney’s office also indicated that the Senate version is the preferred version.

The bill, among other things, would impose mandatory terms on those who sexually assault children under 13.

As often happens in Statehouse committee rooms, bills go through a metamorphosis.

Provisions of a minimum of 25 years in prison became 15 years minimum; a section regarding minimum terms for hindering prosecution was eliminated; and provisions were added to allow for negotiated pleas in consideration of the victims.

Quinlan said he would have preferred the tougher provisions of the original bill, but he recognized the reality of getting a bill passed sometimes necessitates compromises, and said he would have preferred that the amended version be put up for a vote.

But Kean indicated he was dissatisfied with the changes and expressed particular concern over the removal of the section regarding hindering.

But he is not giving up on winning approval for the stronger version. “My anticipation is that we can get this bill done,’’ he said. “With continued pressure we can get it done.”

Jessica Lunsford was a 9-year-old Florida resident who was kidnapped, raped, and murdered by a registered sex offender.

The legislation in New Jersey under various sponsors goes back to 2005 but the bill has never been able to win a final passage. ..Source.. by Bill Mooney

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Bramnick Bill Strengthening Megan’s Law Approved by Assembly

1-14-2014 New Jersey:

Legislation sponsored by Assembly Republican Leader Jon Bramnick that strengthens certain provisions of “Megan’s Law,” which requires the registration of sex offenders and notification to the community of their whereabouts, was approved by the General Assembly today.

The bill, S-2636--/--A-3886, upgrades the penalty for a sexual assault committed against a person who is physically or intellectually incapacitated to aggravated sexual assault, increasing the charge from a third degree crime to one of the second degree. It also requires the offender to register under Megan’s Law.

“Sexual predators will now pay a more severe penalty for committing this heinous act,” said Bramnick, R-Union, Morris and Somerset. “We must always protect our most vulnerable citizens. Those who violate Megan’s Law will pay a steep price to keep them from harming anyone else.”

Bramnick’s bill also increases the penalty when a sex offender fails to notify law enforcement of a change in address or they have access to the Internet from a fourth degree crime to a third degree offense.

Additionally, the bill also imposes a requirement on the State Parole Board to improve the board’s supervision and monitoring of sex offenders. A monthly penalty of $30 would be imposed on every person convicted of a sex offense to fund these initiatives. Monies deposited into the “Sex Offender Fund” are to be used for operational expenses incurred by the board in this effort. ..Source.. by ARep

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Opinion: Require N.J. sex offenders to identify criminal history on social media sites

Clearly this is hate legislation and not based on public safety. Note highlighted portion below where the stats are misconstrued and released non sex offenders are shown to be of a higher danger to the public than released sex offenders. There is no logical reason to require ONLY sex offenders to comply when non sex offenders present a higher danger to the community; a equal protection issue.

1-10-2014 New Jersey:

On Nov. 26, a state appellate court upheld limited access to the internet for convicted sex offenders who are on parole, by allowing authorities to prohibit sex offenders from using online social networks such as Facebook, LinkedIn and Twitter.

Although the New Jersey Appellate Court and Supreme Court acknowledge the relatively high recidivism rate of sex offenders, and there are state statute and parole board rules that address internet access for certain sex offenders, many are still allowed to use the very same social networks that are being popularized by more and more of our children and teens.

More than ever, in this increasingly digitized society, we must do everything to protect our children from predators who can use social media networks to easily and anonymously target unsuspecting victims.

Legislation I introduced in July 2012, would establish statutory protection for families and children to know the sex offenders who are using social media websites.

Senate bill 2142 would require anyone who must register as a sex offender to also identify the criminal status on his or her online social network profiles.

Modeled after a recently enacted Louisiana law, S2142 requires sex offenders to also identify in their social network profiles the crimes for which they were convicted; the jurisdiction of convictions; a description of their physical appearance; their residential address and a link to their official sex offender listing on the internet registry. Sex offenders would also have to provide law enforcement with a list of e-mail addresses, screen names and other identities they use for internet chats, messaging and social networking sites. Those caught violating the law face up to 18 months in jail and fines of up to $10,000.

I understand that certain social media networks ask users to agree to terms and conditions, which may try to ban sex offenders from maintaining profiles on their sites. But can we trust that all people who have committed heinous sex acts against children will follow a website’s rule?

Clearly, the answer is “no.”

Between 2000 and 2006, there was a 21 percent increase in arrests of offenders who solicited youth online for sex, according to a 2009 study by the University of New Hampshire’s Crimes Against Children Research Center.

Talk about slight-of-hand handling of statistics: The study mentioned DOES NOT say the increase in online sex crimes was by FORMER SEX OFFENDERS. If you look at the next comment below you will see that non sex offenders released committed 6 new sex crimes to every one by former sex offenders. Who is more dangerous to the community?

According to a 2003 U.S. Department of Justice report, sex offenders released from state prisons were four times more likely to be rearrested for a sex crime. Within the first three years following their release from prison in 1994, 5.3 percent of released sex offenders were rearrested for a sex crime. The rate for released non-sex offenders was 1.3 percent. In considering all types of criminal offenses, this report states that 43 percent of the sex offenders were rearrested for committing a crime.

While 1.3% appears to be less than 5.3%, the statistic fails to point out that, actual numbers show non sex offenders commit 6 sex crimes to every one by a sex offender. See analysis HERE and that is ONLY for sex offenses, what about other crimes by non sex offenders?

Unfortunately, the risk of another sex offense doesn’t disappear with parole supervision. It’s time for the Legislature to enact additional protections to better help authorities to prevent internet sex crimes and to give families information they need to protect themselves in online communities. I urge Senate Democrats, who control which legislation is voted on, to start this process by finally posting S2142 for a vote. ..Source.. by Christopher “Kip” Bateman (R-Somerville) is Deputy Republican Conference Leader and represents the 16th District in the New Jersey Senate. He is a member of the Senate Law and Public Safety Committee and the primary sponsor of S2142.

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