Megan’s Law Attorney
Megan’s Law Initial Tier Hearing
Those convicted of a Megan’s Law eligible offense are “tiered” at an initial tier hearing. The initial tier hearing has several purposes. Some of these include, for example:
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Community notification — the individuals or organizations notified of a registrant’s status.
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Placement on Internet registry – not all registrants will be on NJ’s Internet Registry. As a general matter, registrants who are Tier 2 and Tier 3 are on the Internet Registry.
What happens at the initial tier hearing in New Jersey?
First, a local prosecutor will use the Registrant Risk Assessment Scale (“RRAS”) to propose an offender’s tier level. The RRAS assesses a person’s risk of committing another sex offense. Also, the RRAS plays a role in assessing Tier level and scope of notification.
There are 3 tier levels:
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1 (Tier One)– The lowest possible tier level and includes registrants who are low risk to reoffend.
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2 (Tier Two)– The middle tier level and indicates that the registrant presents a moderate risk of re-offending.
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3 (Tier Three)– The highest possible tier level. This tier level includes those who, theoretically, pose the highest risk of re-offending.
Why does a registrant’s tier level matter?
A registrant’s scope of community notice is usually based on his Megan’s Law tier level. Also, his Megan’s Law tier can determine whether he will be on the Internet sex offender registry. However, a lawyer can argue for a lower tier level than the Prosecutor’s proposed tier level. Moreover, an effective lawyer may be able to reduce the scope of community notice, even if the actual tier level remains unchanged.
Once a court determines a person’s initial RRAS score, it can be difficult to change this score in the future. Therefore, you should immediately consult with a lawyer once you receive notice of the Prosecutor’s intent to assign you a tier.
Scope of Community Notice:
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Tier 1
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Only local law enforcement notified.
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Generally, registrants are not on the Internet Registry. However, if an offender’s conduct was found to be “repetitive and compulsive,” then he may be on the Internet Registry even if he is Tier 1.
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Tier 2
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Local law enforcement notified.
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Schools & organizations that serve vulnerable populations are notified
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*Generally, registrants are subject to the Internet Registry.
*However, there are some exceptions to placement on the Internet Registry. (LINK)
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Tier 3
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Local law enforcement notified.
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Schools & organizations that serve vulnerable populations are notified
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Door-to-door notification means that neighbors near an offender’s address or place of employment are notified of his/her sex offender status.
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*Subject to placement on the Internet Registry.
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Importance of consulting a NJ attorney:
A registrant in New Jersey is entitled to legal representation at the initial tier hearing. Also, the State has the burden of proving that a registrant should be assigned a certain Tier level and whether he is placed on the Internet Registry. Ultimately, it is up to the judge to decide the registrant’s RRAS score and Tier. However, even after the judge has determined a registrant’s tier level, he can file an appeal.
How Maynard Law Office, LLC Can Help:
In sum, it is crucial to consult with a lawyer experienced in tiering matters after you receive notice that you will be tiered. At Maynard Law Office, LLC, our law firm has represented many clients at initial tier hearings in NJ. Moreover, in the past, our attorneys have successfully argued for a narrower scope of notification for clients. So, call us today at (973) 540-0054 for a free consultation!