The sentence of parole supervision for life (PSL) is mandatory in New Jersey for anyone convicted of certain sex offenses, including sexual assault, endangering the welfare of a child and sex crimes against a kidnapping victim under age 16. Parole supervision for life means that for a minimum of 15 years upon release from incarceration, the parolee will be required to follow the rules and conditions set forth by their parole officer. The parole officer in charge of a convict on parole supervision for life can impose any condition for supervision of a sex offender allowed by the New Jersey Parole Board. Violations of paroles supervision conditions can result in imprisonment. The chance that the onerous conditions of PSL may continue to punish you after you do time in prison is another reason to begin immediately to fight sex crime charges in New Jersey. If you have been accused of a sex crime, our highly qualified New Jersey sex crimes defense lawyer can begin fighting for your future today. Contact The Law Office of Jason A. Volet for a free initial consultation today.
If you’ve been charged with certain sexual offenses such as sexual assault, aggravated sexual assault, endangering the welfare of a child, and a number of other offenses, you may fall under the parole supervision for life category. What does that mean? That means that you will be, in addition to having the registration requirements under Megan’s Law, you will be subject to a minimum of 15 years of parole supervision. What does parole supervision mean?
You will have a parole officer and that person can limit your access to the internet, to computers. They can make requirements such as rehabilitation, they can determine who you may or may not live with – and that can include family members – so again, these are very, very strict regulations and if you violate any of these regulations you can be charged with separate crimes and be placed back in prison on the parole violations of themselves. So it is very important that if you are charged with an offense that may require you to register for parole supervision for life that you meet with an attorney who has the experience of dealing with these types of cases in order to better protect your rights.
When Does Parole Supervision for Life Apply?
The special sentence of parole supervision for life in New Jersey [NJ Rev Stat § 2C:43-6.4 (2016)] is mandatory upon release from prison for offenders convicted of committing or attempting to commit:
- Aggravated Criminal Sexual Contact
- Aggravated Sexual Assault
- Sexual Assault
- Endangering the Welfare of a Child by:
- engaging in sexual conduct with the child
- causing or permitting a child to engage in a prohibited sexual act to create child pornography
- photographing a child engaged in a prohibited sexual act
- distributing or possessing child pornography with intent to distribute
- storing, maintaining, or using a file-sharing program to access an item depicting sexual exploitation or abuse of a child
- possessing 1,000 or more items of child pornography
- Kidnapping, if the victim is less than 16 years old and if during the kidnapping the individual committed or attempted certain sex crimes or sold the child for monetary gain
- Luring or Enticing a child with the purpose to commit a criminal offense with or against the child
What Does it Mean to be Under Parole Supervision for Life?
Parole is the conditional release of prisoners before they complete their prison sentence. Paroled prisoners, or parolees, are supervised by a parole officer for a specified length of time. If the individual on parole violates the conditions of his or her release, the individual may be returned to prison. The requirements or restrictions an offender on PSL may face include:
- Daily curfews
- Regular meetings with the parole officer
- Unannounced visits by the parole officer
- Searches of belongings, car, and residence
- Notifying the parole officer immediately of any arrest, or issuance of a complaint, summons, or temporary or final restraining order
- Prohibition from contact with the victim(s) of the offense
- Prohibition from using any computer and/or device to create any social networking profile or to access any social networking service or chat room
- Prohibition from owning or possessing a gun or other weapons
- Obtaining the parole officer’s permission as to where the individual lives and who they live with
- Obtaining the parole officer’s permission to travel outside of New Jersey
- Obtaining parole officer’s permission to accept an employment offer or business opportunity or to do volunteer work
- Notifying the parole officer immediately of any loss of employment
- Submitting to drug or alcohol testing, medical or psychological exams, or community or residential counseling or treatment programs as directed by the parole officer
- Submitting to annual polygraph tests
If the offense involved a minor, the conditions of parole supervision for life will include restrictions on contact with minors, as well. Further, if the court determines that the offender’s conduct was characterized by a pattern of repetitive and compulsive behavior, the court may commit the parolee to the Adult Diagnostic and Treatment Center and require him or her to complete any program or counseling the treatment center suggests. The court may also prohibit the use of alcohol by a parolee on PSL if the court determines that their conduct was characterized by a pattern of repetitive and compulsive behavior and the local court and prosecutor determine that the parolee is a high risk to re-offend.
What Are The Penalties If I Fail To Comply With Parole Supervision for Life?
A parolee convicted of failing to comply with the conditions of parole supervision for life will almost always go back to prison. However, the courts still consider the parolee innocent of this charge until proven guilty beyond a reasonable doubt. To convict a parolee of violating terms of parole supervision for life, a prosecutor must prove:
- The parolee was subject to conditions of PSL
- The parolee knowingly violated a condition imposed under a sentence of PSL
- The parolee did not have good cause to violate the condition.
The statute does not define “good cause.” In a judge’s instructions to a jury, he or she is to say that good cause is defined as a substantial reason that affords a legal excuse for the failure to abide by the condition. Violation of conditions of PSL is a third-degree crime if the underlying offense was committed on or after July 1, 2014, and a fourth-degree crime if the original offense occurred before July 1, 2014. A third-degree crime may be punished by up to five years in prison. A fourth-degree crime may be punished by up to 18 months in prison. Imprisonment is mandatory upon conviction unless the court is clearly convinced that a sentence of imprisonment would be a manifest injustice.
Can Someone Be Released from Parole Supervision for Life?
To obtain release from parole supervision for life, the eligible parolee must present evidence to the court that a judge finds to be clear and convincing that they are not likely to pose a threat to the safety of others. Petitioning the court for release from parole supervision is allowed once 15 years have passed since release from incarceration or the individual’s most recent criminal conviction of any kind.
Contact an Experienced NJ Sex Crimes Defense Attorney
If you have achieved eligibility for release from PSL status or have been accused of violating the terms of parole supervision for life, attorney Jason A. Volet, an experienced New Jersey criminal defense attorney, can help you. Contact us in Freehold or Neptune, NJ, today for a free consultation.
