This week, in the State of New York, a Staten Island judge ordered the deportation of a man, rather than to place him under the supervision of the Sex Offender Registration Act (SORA). The sex offender, Bourlaye T., a citizen of the Ivory Coast in Africa, was released from a New York prison in March 2012 after serving a fourteen-year sentence for second-degree attempted murder, first-degree rape, and first-degree sexual abuse. Following his release, the New York District Attorney’s Office applied to the courts to have Bourlaye placed under SORA. The Court, in turn, denied the DAG’s request, and ordered that Bourlaye be deported. Bourlaye consented to the deportation.
The NY Court found that the state’s citizenry would be well served to allow sex offenders, who consent, to be deported to their home country. The judge stated that placing Bourlaye under SORA would cost taxpayers approximately $175,000 annually. Also, deportation was consistent with the goals of the Sex Offender Registration Act –to protect the public from sex offense recidivism.
Why is this New York decision potentially important to New Jersey individuals who are on Megan’s Law and Community Supervision for Life (CSL)/Parole Supervision for Life (PSL)?
In the State of New Jersey, individuals who are on Megan’s Law can move to another state or country without being violated, provided that they follow NJ’s law governing transfer of registration. However, individuals who are also on CSL or PSL cannot move to another state without permission from the New Jersey State Parole Board (NJSPB); and at this time, are prohibited from moving out of the United States. This decision from the New York courts may provide the New Jersey courts and parole board with guidance in accessing a parolee’s request to move to another country. At this time, the parole board does not have criteria in accessing a parolee’s request for an international transfer of parole.
The law firm of Maynard Law Office, LLC is attempting to change the NJSPB’s policy and procedure regarding international transfer. There are CSL and PSL parolees who possess citizenship, dual citizenship, or residency rights in a foreign country and wish to move out of NJ. At this time, they are prohibited from leaving New Jersey, which in many cases is contrary to the interests of their family, rehabilitation, and the interests of the New Jersey citizenry. To inquire about international transfer for CSL and PSL parolees, contact our office online or at 973-540-0054.