IN RE REGISTRANT S.O., ET AL. (ML-04-12-0051 AND ML-01-12-0048, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)

Summary

The State appealed two trial court orders that had ended the Megan’s Law registration requirements (N.J.S.A. 2C:7-1 to -23) and Community Supervision for Life (CSL) (N.J.S.A. 2C:43-6.4) obligations for registrants S.O. and G.N. The Appellate Division vacated those orders and sent both matters back for further proceedings.

At issue was a novel question: when applying the “public safety prong” in the termination provisions of Megan’s Law and CSL, must a court limit its analysis to the risk of sexual reoffense, or should it consider any subsequent criminal conduct, whether sexual or not? The court found the statutory wording unclear and susceptible to multiple interpretations. Turning to principles of statutory construction, legislative history, and prior case law, the panel concluded that the Legislature intended the public safety inquiry to be broader than sexual recidivism alone.

The court held that trial judges must conduct a comprehensive evaluation of each registrant to decide if they are “not likely to pose a threat to the safety of others.” This review should encompass the nature and circumstances of any later sexual or non-sexual offenses, the registrant’s tier classification and RRAS score, any tier-modification applications, expert psychological assessments, participation in counseling or treatment programs, and any other relevant evidence.

Held: The orders terminating S.O.’s and G.N.’s Megan’s Law and CSL obligations were vacated, and the cases were remanded for full reconsideration under the broader, holistic standard.