New Jersey Appellate Division Decision on Megan’s Law – Criminal Law

On August 16, 2024, the New Jersey Appellate Division decided In the Matter of Registrant M.L., a significant case involving an issue of first impression under Megan’s Law, N.J.S.A. 2C:7-1 to -23. In that case the Appellate Division upheld the expansion of community notification requirements for a sex offender based on an increased risk of harm to the community not otherwise accounted for in the Registrant Risk Assessment Scale.

Facts and Procedural History of the Megan’s Law Case

The case concerns M.L., who in 1987, at the age of nineteen, sexually assaulted and murdered a fifteen-year-old girl, R.C., after a night of heavy drinking. M.L. was convicted of multiple offenses, including murder and aggravated sexual assault, and sentenced to life imprisonment, with a thirty-year parole ineligibility period. M.L. was paroled in April 2021. After a hearing, the Camden Megan’s Law judge entered an order confirming M.L.’s Registrant Risk Assessment Scale (Scale) score of sixty-four, which placed him in Tier II, (moderate risk) with inclusion on the internet registry, but also granted the State’s application for Tier III (high risk) door-to-door community notification within a 1,000-foot radius of M.L.’s residence.

In August 2022, M.L. relocated to and registered in Burlington County., where he was again served with notice of proposed tiering as a Tier II (moderate risk) with inclusion on the internet registry, and Tier III (high risk) door-to-door notification within a half-mile radius of his residence. After a hearing, the Burlington Megan’s Law judge similarly entered an order confirming M.L.’s Scale score of fifty-eight, which again placed him in Tier II (moderate risk) with inclusion on the internet registry, but also granted the State’s application for Tier III (high risk) door-to-door notification, thereby expanding the notification to a broader radius.

Legal Issue: Megan’s Law and Community Notification

On appeal, M.L. challenged the expansion, arguing that the State could not request a higher level of notification based on the facts of his case and that only he, not the State, could challenge the tier designation or scope of notification under Megan’s Law. He also argued that the tiering decisions should not be influenced by the outcome of his psychological evaluations, which presented varying assessments of his risk of re-offense.

Court’s Reasoning on Megan’s Law and Notification Expansion

The court addressed several legal issues in this Megan’s Law case. First, it considered whether the State could request an upward adjustment in community notification. The court concluded that the State could, under limited circumstances, seek to expand notification beyond what is typically required for a Tier II designation, particularly when the crime involved a high degree of harm not adequately reflected in the Scale.

Case-Specific Facts Leading to the Megan’s Law Ruling

The court also examined the specific facts of M.L.’s case, including the nature of his crime and subsequent psychological evaluations. While M.L.’s Tier II classification was consistent with his Scale score, the court found that the extreme nature of the crime—resulting in the victim’s death—justified the expanded Tier III notification under Megan’s Law. The court reasoned that the Scale did not fully account for cases involving such severe outcomes, and therefore, the broader community notification was warranted to protect public safety.

Conclusion: Key Takeaways from the Megan’s Law Decision

The Appellate Division’s ruling in this Megan’s Law case reaffirms the importance of carefully weighing the specific facts in cases involving sex offenders, particularly when the crime results in severe harm to the victim. This decision sets a precedent that allows for increased community notification in cases where the nature of the harm caused by the offender exceeds the standard considerations of the Scale. The key takeaway is that the public’s need for protection can sometimes necessitate broader notification, even within the framework of established risk assessments under Megan’s Law.

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