Generally, a person convicted of a sex offense will undergo an evaluation at ADTC. A psychologist will determine whether a person’s actions were “repetitive and compulsive.” The results of the evaluation determine where a convicted sex offender will serve his sentence.
Some sex offenders serve an ADTC sentence (incarceration at the Adult Diagnostic and Treatment Center). Others serve sentences at other NJ state prisons. Under NJ law (N.J.S.A. 2C:47-1), people who commit certain sex offenses may serve their sentence at ADTC. These offenses include sexual assault and endangering the welfare of a child.
Individuals can challenge the State’s recommendation before sentencing. The judge decides if the person will serve a prison sentence or a term of probation. If the judge imposes a prison sentence, then the judge decides whether the offender will be sentenced to ADTC or to another NJ prison. That is why it is vital to hire an experienced sex offense lawyer before sentencing. There are important differences between serving a sentence at ADTC and serving one in another prison.
Below are some key differences between serving a sentence at ADTC and Serving a sentence at another NJ state prison:
- Individuals are only sentenced to ADTC if convicted of a sex offense. If a convicted sex offender does not go to ADTC, then he will serve his sentence in a prison with people convicted of various crimes (not just sex crimes).
- ADTC inmates must be willing to receive sex offender treatment. If they refuse treatment, they may be kept in prison longer. Sex offenders who serve sentences at other prisons do not (necessarily) receive sex offender treatment.
- At ADTC, inmates usually serve longer sentences than those who serve sentences at other prisons.
- ADTC inmates have to go through more levels of review before becoming eligible for parole.
- Individuals released from ADTC have to register four times a year. Inmates released from state prison must register once per year.
- After someone is released from ADTC, his information may be put on NJ’s Internet Registry (even if he is low risk to reoffend).
LEGAL SERVICES OUR LAW FIRM OFFERS:
Maynard Law Office, LLC has represented many convicted sex offenders at sentencing. Further, our firm has successfully challenged the State’s attempts to impose an ADTC sentence. Our legal team understands NJ sex offense law. Call our law firm at 973-540-0054 for a free consultation!