NJ Megan’s Law Tier Classification and the Ability to Challenge It

By Maynard & Sumner, LLC of Maynard & Sumner, LLC posted in Megan’s Law on Friday, August 23, 2013.

In Morris County, New Jersey, an Essex County teacher has been indicted on multiple counts of sex crimes committed while he was employed at two separate Morris County schools. The sex crimes range from aggravated sexual assault to endangering the welfare of a child. The first allegation allegedly occurred at a Montville school district where the teacher victimized four first-grade female students. The second alleged incident involved a high school student at Butler High School where the Essex County man was employed as an assistant track coach to the girl’s team. Due to the pending charges, the teacher faces Megan’s Law registration and Parole Supervision for Life (PSL).

Beyond the possibility of incarceration, what would any individual face should he or she be convicted of similar offense? The primary concern is one’s Megan’s Law tier classification, which is determined by the prosecutor’s office upon release from prison. James Maynard, Esq. states, “Tiering is very important as it affects the degree of notification.” Tiering is based on an offender’s risk of reoffense in a community, Tier One being the lowest to Tier Three being the highest.

However, an offender can object to the tier classification and/or the scope of community notification within 14 days of receiving his classification notice from the prosecutor’s office if he feels that he has been inappropriately classified. The tier classification and scope of notification is not implemented until a judge enters a final order. As Maynard says, “Tiering can be challenged. The prosecutor interprets the facts of the case as they see them. It is often possible to successful challenge the tier calculation done by the State.”

If you face a sex crimes conviction and fear that you may be placed on Megan’s Law, it is important to know what lies ahead in your future and your options.