In re Registrant G.B.

685 A.2d 1252, 147 N.J. 62, 1996 N.J. LEXIS 1085
CourtSupreme Court of New Jersey
DecidedDecember 11, 1996
StatusPublished
Cited by51 cases

This text of 685 A.2d 1252 (In re Registrant G.B.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Registrant G.B., 685 A.2d 1252, 147 N.J. 62, 1996 N.J. LEXIS 1085 (N.J. 1996).

Opinions

[68]*68The opinion of the Court was delivered by

HANDLER, J.

This is another case concerning a set of bills collectively known as Megan’s Law. The focus of the appeal is on the use of expert [69]*69testimony in determining under that law the risk of reoffense posed by a paroled convicted sex offender.

We thus far have upheld the legislation requiring sex offenders to register with law enforcement, N.J.S.A. 2C:7-1 to -5, and the act requiring law enforcement, in certain circumstances, to notify community groups and individuals of the presence of sex offenders, N.J.S.A. 2C:7-6 to -11. Doe v. Poritz, 142 N.J. 1, 662 A.2d 367 (1995). More recently, we upheld the Attorney General’s sex-offender classification guidelines, known as the Registrant Risk Assessment Seale (“RRAS” or “the Scale”). In re C.A., 146 N.J. 71, 679 A.2d 1153 (1996). Moreover, we have held that although the Scale is entitled to deference, it is not immune from challenge. Rather, it is merely a useful guide to determine the amount of notification that a community should receive. The responsibility for ultimately determining the proper scope of notification is left to the trial court after a hearing on the matter. Id. at 83, 679 A.2d 1153; Doe v. Poritz, supra, 142 N.J. at 12, 107, 662 A.2d 367.

The issue in the case presently before us is a relatively narrow one directed to the role of expert testimony in raising challenges to a registrant’s Scale score and the scope of community notification. We hold that, in limited circumstances, expert testimony may be introduced at the judicial hearing in order to establish the existence of unique aspects of a registrant’s offense or character that render the Scale score suspect. If believed, such evidence would lead to the conclusions that the Scale does not adequately represent the risk of recidivism for that particular registrant and that, therefore, in such circumstances the scope of notification should be more limited than that indicated by the registrant’s Seale score and attendant tier classification.

I

Registrant G.B. was indicted for aggravated sexual assault, sexual assault, endangering the welfare of a child, and child abuse. [70]*70The indictment stemmed from allegations that registrant had engaged in multiple sexual encounters with his minor female cousin over a seven-year period when she was between the ages of five and twelve; the encounters were alleged to have occurred in the family home. In a statement to the police in November 1991, registrant admitted to several of the alleged encounters, including instances of fellatio and one incident of intercourse. Subsequently, he pleaded guilty, pursuant to a plea agreement, to one count of second-degree sexual assault in violation of N.J.S.A. 2C:14-2b; the prosecutor agreed to dismiss the remaining charges. Registrant was sentenced to five years at the Adult Diagnostic and Treatment Center at Avenel (“Avenel”).

In 1994, during registrant’s sentence at Avenel, the Legislature enacted the Registrant Community Notification Laws (“RCNL” or “Megan’s Law”). N.J.S.A. 2C:7-1 to -11. The overall purpose of the law was to protect the community from the dangers of recidivism by sex offenders. N.J.S.A. 2C:7~la. The RCNL requires that convicted sex offenders found to be “repetitive and compulsive” register with local authorities. N.J.S.A. 2C:7-2. The law also specifies that the community be notified about certain sex offenders classified as moderate- or high-risk. N.J.S.A. 2C:7-8e. In 1995, this Court upheld the constitutionality of the RCNL. Doe v. Poritz, supra, 142 N.J. 1, 662 A.2d 367.

Registrant was released from Avenel in June 1995. Invoking the RCNL, the county prosecutor undertook to classify him according to his risk of reoffense. As a means of determining-registrant’s risk of reoffense, the prosecutor applied the Scale promulgated by the Attorney General pursuant to the RCNL. The Scale is composed of four categories: Seriousness of Offense, Offense History, Characteristics of Offender, and. Community Support. Encompassed in these categories are thirteen factors deemed relevant by the Attorney General to the risk of reoffense. The Attorney General assigns a score to each registrant for each of the thirteen factors. A registrant is given a score of zero in each category if he is low risk, a one for moderate risk, and a [71]*71three for high risk. The thirteen factors are then assigned varying weights, which are totalled to compute an overall Scale score. Those registrants receiving a score of at least seventy-four (out of a maximum of 111) are initially considered by the Attorney General to be “high-risk” or Tier Three. Registrants receiving scores between thirty-seven and seventy-three are considered “moderate-risk” offenders and fall within Tier Two, while those registrants scoring below thirty-seven are considered “low-risk” and are included within Tier One. See In re C.A., supra, 146 N.J. at 82-83, 679 A.2d 1153; see also id. at 111, 679 A.2d 1153 (reprinting Seale calculations sheet).

Under the Seale, the prosecutor ascribed to G.B. a numerical score of fifty-eight, resulting in a Tier Two or “moderate-risk” classification. Under the RCNL, moderate-risk offenders trigger targeted or selective community notification by the State. N.J.S.A. 2C:7-8c. Accordingly, the prosecutor determined that all schools within a two-mile radius of registrant’s residence, as well as several other community organizations, would be notified of G.B.’s identity and presence.

The prosecutor based the classification on registrant’s Avenel records, police reports, and witness statements. Several factors contributed to the Tier Two classification. First, the prosecutor determined that because of the nature of the contact between registrant and the victim and the victim’s age, he posed a high risk to the community. Specifically, the prosecutor relied' on the victim’s allegation (and registrant’s subsequent admission to the police) of penetration and the significant duration of the sexual relationship (approximately seven years). Second, the prosecutor cited registrant’s prior convictions for burglary, theft, and illegal possession of a firearm as evidence of his “anti-social” behavior. Finally, the prosecutor pointed to registrant’s poor treatment record at Avenel and his current lack of community and family support.

Registrant sought judicial review of the prosecutor’s determination. At an in camera judicial hearing, he challenged the factual [72]*72underpinnings of the State’s calculation of his Scale score and the proposed scope of community notification.2

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Bluebook (online)
685 A.2d 1252, 147 N.J. 62, 1996 N.J. LEXIS 1085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-registrant-gb-nj-1996.