In re G.H.

190 A.3d 1059, 455 N.J. Super. 515
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 6, 2018
DocketDOCKET NOS. A-2388-16T1; A-3132-16T1
StatusPublished
Cited by12 cases

This text of 190 A.3d 1059 (In re G.H.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re G.H., 190 A.3d 1059, 455 N.J. Super. 515 (N.J. Ct. App. 2018).

Opinion

MESSANO, P.J.A.D.

*520We consolidated these appeals to issue a single opinion because they present the same legal issue. G.H. and G.A. were convicted of sexual offenses, see N.J.S.A. 2C:7-2(b), prior to 2002, when the Legislature amended the registration provisions of Megan's Law, *521N.J.S.A. 2C:7-1 to -23, by enacting a new subsection, N.J.S.A. 2C:7-2(g) (subsection (g) ), see L. 2001, c. 392. Subsection (g) provides in relevant part:

A person required to register under this section who has been convicted of ... more than one sex offense... or who has been convicted of ... aggravated sexual assault pursuant to [ N.J.S.A. 2C:14-2(a) ] or sexual assault pursuant to [ N.J.S.A. 2C:14-2(c)(1) ] is not eligible ... to make application to the Superior Court of this State to terminate the registration obligation.
[ (Emphasis added).]

Subsection (g) took "effect immediately" on January 8, 2002. L. 2001, c. 392, § 2. As a result, the lifetime registration requirements of Megan's Law became "permanent[ and] irrevocable" for certain offenders. In re State ex rel. C.K., 233 N.J. 44, 66, 182 A.3d 917 (2018).

Neither G.H. nor G.A. has committed an offense for more than fifteen years since his release from custody. Prior to the adoption of subsection (g), both would have been eligible for relief from lifetime registration pursuant to *1063N.J.S.A. 2C:7-2(f) (subsection (f) ), which provides any registrant may

make application to the Superior Court ... 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.
[ Ibid.]

However, because G.H. was convicted of more than one sexual offense, and both G.H. and G.A. were convicted of offenses listed in subsection (g), the respective trial courts denied their requests to terminate registration obligations.

G.H. and G.A. argue the Legislature did not intend "subsection (g) to apply retroactively" to convictions that predated its passage, and, "[r]egardless of legislative intent," retroactive application would result in "manifest injustice and interference with vested rights." The State contends G.H. and G.A. were not eligible for and did not seek relief under subsection (f) until after the Legislature enacted subsection (g), and therefore the trial courts did not apply subsection (g) retroactively. Alternatively, the State contends *522the Legislature intended subsection (g) to apply retroactively to registrants like G.H. and G.A.

I.

In Doe v. Poritz, 142 N.J. 1, 12-13, 662 A.2d 367 (1995), the Court upheld the constitutionality of the registration and community notification provisions of Megan's Law, first enacted in 1994. As the Court noted, the registration obligations mandated by N.J.S.A. 2C:7-2 are significant and trigger additional consequences, notably potential criminal liability for failing to register. Id. at 21-22, 662 A.2d 367 ; see N.J.S.A. 2C:7-2(a)(3) (making it a third-degree crime for failing to register).1 The notification provisions require community-wide dissemination of the location of a sex offender's residence. N.J.S.A. 2C:7-6 to -10 (requiring public notification of a sex offender's residence upon "release to the community"). The Doe Court concluded the legislation was "clearly and totally remedial in purpose" and "designed simply and solely to enable the public to protect itself from the danger posed by sex offenders." Doe, 142 N.J. at 73, 662 A.2d 367.

Although the law imposed these "lifetime requirements" on every defendant when convicted, id. at 21, 662 A.2d 367, subsection (f) provided potential relief. "The underlying assumption of [subsection (f) ] [was] that when a registrant, who has been offense-free for fifteen or more years, no longer poses a risk to the safety of the public, keeping him bound to the registration requirements no longer serves a remedial purpose." C.K., 233 N.J. at 64, 182 A.3d 917.

Subsection (g) was enacted to comply with 1996 amendments to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994 (Wetterling Act), Pub. L. No. 104-236, §§ 3-7, 110 Stat. 3096, 3097 (repealed 2006), and ensure continued federal funds for New Jersey.

*523C.K., 233 N.J. at 61, 182 A.3d 917 ; In re L.E., 366 N.J. Super. 61, 65-66, 840 A.2d 850 (App. Div. 2003).

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190 A.3d 1059, 455 N.J. Super. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gh-njsuperctappdiv-2018.