State v. SR

811 A.2d 439, 175 N.J. 23
CourtSupreme Court of New Jersey
DecidedDecember 12, 2002
StatusPublished

This text of 811 A.2d 439 (State v. SR) 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
State v. SR, 811 A.2d 439, 175 N.J. 23 (N.J. 2002).

Opinion

811 A.2d 439 (2002)
175 N.J. 23

STATE of New Jersey, Plaintiff-Respondent,
v.
S.R., Defendant-Appellant.

Supreme Court of New Jersey.

Argued October 22, 2002.
Decided December 12, 2002.

*440 Susan Brody, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

William Scharfenberg, Assistant Prosecutor, argued the cause for respondent (Thomas F. Kelaher, Ocean County Prosecutor, attorney; Patricia S. Toreki, Assistant Prosecutor, on the letter in lieu of brief).

Frank Muroski, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Acting Attorney General, attorney).

The opinion of the Court was delivered by

*441 COLEMAN, J.

In this appeal we must decide whether a defendant's failure to pay a $60 Violent Crimes Compensation Board (VCCB) assessment prior to the effective date of Megan's Law, but after he was discharged from probation, constitutes an "other form of community supervision" requiring that he register as a sex offender pursuant to N.J.S.A. 2C:7-2b(2). To answer that question, we must interpret the meaning of the phrase "other form of community supervision" as used in N.J.S.A. 2C:7-2b(2). The Appellate Division concluded that "the Legislature intended `other form of community supervision' to [include] ... [t]he payment of the VCCB penalty." We disagree and reverse. We hold that the Legislature intended the phrase "other form of community supervision" to mean some kind of critical monitoring by the parole or probation authorities beyond merely serving as a "collection agency" to permit a defendant to pay a fine or assessment in installments.

I.

On February 28, 1991, defendant pled guilty to two counts of fourth-degree sexual contact involving child victims. N.J.S.A. 2C:14-3b. On July 26, 1991, he was sentenced to concurrent probationary terms of three years. When Megan's Law became effective on October 31, 1994, all of the terms and conditions of defendant's probationary sentence had been met, except for the payment of a $60 VCCB penalty. Defendant was discharged from probation in May 1994, but the probation department was required to collect the VCCB penalty. Because the $60 assessment had not been paid within a year after being discharged from probation, contempt charges were instituted against defendant. The contempt proceedings were adjourned until October 16, 1995, at which time the Morris County Probation Department noted in its records that defendant was "discharged complete[ly]" and his "financial obligations fulfilled."

In April 1999, defendant was indicted for failure to register under Megan's Law, N.J.S.A. 2C:7-2b. That statute requires registration by offenders who, among other reasons, have been convicted of sex offenses or other predatory acts against minors and are "serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense ... on the effective date of this act." N.J.S.A. 2C:7-2b(2). In June 1999, defendant pled guilty to failing to register under Megan's Law. Prior to sentencing, defendant filed a motion to vacate his guilty plea and to dismiss the indictment. Defendant argued that he was not subject to the registration requirement because he had been discharged from probation on May 27, 1994 and, thus, was not serving a sentence on the effective date of Megan's Law. The State, on the other hand, argued that when Megan's Law became effective, defendant was still under a "form of community supervision" because he had not paid his VCCB penalty.

The trial court denied defendant's application to withdraw his guilty plea. In focusing on the untimely payment of the VCCB penalty, the court stated:

The [L]egislature says it has to be paid, and until it's paid, he's subject to probation. There's an account still open and there's a probation officer who has to supervise it. And my reading of the statute is, he's still under supervision as of the date effective [sic] of Megan's Law.

....

[The Legislature made] Megan's Law, as broad as they could, to reach as far as they could, to get as many Megan's Law *442 type offenders, sex offenders out there under the blanket of the Megan's Law registration, and had he completed satisfactor[ily] his probation and fines and costs, we wouldn't be here today.

The trial court sentenced defendant to a two-year probationary term and imposed the requisite fines and penalties.

Defendant appealed and the Appellate Division affirmed in an unpublished opinion. The Appellate Division reasoned that Megan's Law is a "remedial statute," (citing Doe v. Poritz, 142 N.J. 1, 73, 662 A.2d 367 (1995)), that "should be broadly interpreted to advance" its purpose of "protect[ing] the community from the dangers of recidivism by sexual offenders." (quoting In re C.A., 146 N.J. 71, 80, 679 A.2d 1153 (1996)). The Appellate Division concluded that "the Legislature intended `other form of community service' to encompass all sentencing provisions beyond incarceration, probation, and parole and thereby to extend the reach of the registration provisions to their utmost limits. The payment of the VCCB penalty was clearly a part of the criminal sentence." (citing State v. Kemprowski, 265 N.J.Super. 471, 473, 627 A.2d 1151 (App.Div. 1993); State v. Joseph, 238 N.J.Super. 219, 222-23, 569 A.2d 819 (App.Div. 1990)). We granted defendant's petition for certification, 171 N.J. 445, 794 A.2d 184 (2002), and now reverse.

II.

A.

Defendant argues that the Legislature intended "other form of community supervision" to mean some type of critical monitoring carried out by a State entity, such as the probation or parole authorities, to ensure that the individual being supervised is "lead[ing] a law-abiding life," N.J.S.A. 2C:45-1a. Defendant contends that "since no aspect of [his] behavior was being monitored after his discharge from probation other than his payment of his VCCB penalty, he was not under community supervision from that point onward." Accordingly, he argues that this Court should hold that he did not fall within the meaning of N.J.S.A. 2C:7-2b(2) and thus was not subject to the registration provisions of Megan's Law.

The State argues that the VCCB penalty was part of defendant's sentence and thus was a "form of community supervision" included under N.J.S.A. 2C:7-2b(2). It contends that the Legislature obviously intended that phrase "as a catch-all provision" to cover any situation not specifically listed in the statute, such as defendant's. The State contends that this "catch-all provision" is consistent with the Legislature's broad "inten[t] to address all sexual offenders convicted of a predicate offense."

B.

Megan's Law, N.J.S.A. 2C:7-1 to -19, established a system of registration and community notification for "sex offenders and offenders who commit other predatory acts against children." N.J.S.A. 2C:7-1. Pertinent to this case, it provides that a sex offense includes

[a] conviction, adjudication of delinquency, or acquittal by reason of insanity for... criminal sexual contact pursuant to N.J.S. 2C:14-3b. [sic] if the victim is a minor ...

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State v. S.R.
811 A.2d 439 (Supreme Court of New Jersey, 2002)

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811 A.2d 439, 175 N.J. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sr-nj-2002.