Requires expedited risk assessment and community notification for certain registered sex offenders who move to this State from another jurisdiction.*

S3884 1R

[First Reprint]

SENATE, No. 3884

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 12, 2026

Sponsored by:

Senator� PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator� NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

Co-Sponsored by:

Senators Henry and Space

SYNOPSIS

���� Requires expedited risk assessment and community
notification for certain registered sex offenders who move to this State from
another jurisdiction.

CURRENT VERSION OF TEXT

���� As reported by the Senate Law and Public Safety
Committee on May 18, 2026, with amendments.

��

An Act

concerning sex offenders and amending P.L.1994,
c.133 and P.L.1994, c.128.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.1994,
c.133 (C.2C:7-2) is amended to read as follows:�

���� 2.��� a. (1) A person who has
been convicted, adjudicated delinquent or found not guilty by reason of
insanity for commission of a sex offense as defined in subsection b. of this
section shall register as provided in subsections c. and d. of this section.

���� (2)�� A person who in another
jurisdiction is required to register as a sex offender and (a) is enrolled on a
full-time or part-time basis in any public or private educational institution
in this State, including any secondary school, trade or professional institution,
institution of higher education or other post-secondary school, or (b) is
employed or carries on a vocation in this State, on either a full-time or a
part-time basis, with or without compensation, for more than 14 consecutive
days or for an aggregate period exceeding 30 days in a calendar year, shall
register in this State as provided in subsections c. and d. of this section.

���� (3)�� A person who fails to
register as required under this act shall be guilty of a crime of the third
degree.

���� b.��� For the purposes of this
act a sex offense shall include the following:

���� (1)�� Aggravated sexual
assault, sexual assault, aggravated criminal sexual contact, kidnapping
pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to
commit any of these crimes if the court found that the offender's conduct was
characterized by a pattern of repetitive, compulsive behavior, regardless of
the date of the commission of the offense or the date of conviction;

���� (2)�� A conviction,
adjudication of delinquency, or acquittal by reason of insanity for aggravated
sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping
pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the
welfare of a child by engaging in sexual conduct which would impair or debauch
the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering
the welfare of a child pursuant to paragraph (3) or (4), subparagraph (a), or
sub-subparagraph (i) or (ii) of subparagraph (b) of paragraph (5) of subsection
b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993,
c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the
victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint
pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if
the victim is a minor and the offender is not the parent of the victim;
knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph
(4) of subsection b. of N.J.S.2C:34-1; leader of a network to share child
sexual abuse or exploitation material pursuant to section 8 of P.L.2017, c.141
(C.2C:24-4.1); or an attempt to commit any of these enumerated offenses if the
conviction, adjudication of delinquency or acquittal by reason of insanity is
entered on or after the effective date of this act or the offender is serving a
sentence of incarceration, probation, parole or other form of community
supervision as a result of the offense or is confined following acquittal by
reason of insanity or as a result of civil commitment on the effective date of
this act;

���� (3)�� A conviction,
adjudication of delinquency, or acquittal by reason of insanity for an offense
similar to any offense enumerated in paragraph (2) or a sentence on the basis
of criteria similar to the criteria set forth in paragraph (1) of this
subsection entered or imposed under the laws of the United States, this State,
or another state.

���� (4)�� Notwithstanding the
provisions of paragraph (1), (2), or (3) of this subsection, a sex offense
shall not include an adjudication of delinquency for endangering the welfare of
a child pursuant to paragraph (4) or (5) of subsection b. of N.J.S.2C:24-4, provided
that the actor demonstrates that:

���� (a)�� the facts of the case
are limited to the creation, exhibition or distribution of a photograph
depicting nudity or portraying a child in a sexually suggestive manner, as
defined in N.J.S.2C:24-4, through the use of an electronic communications
device, an interactive wireless communications device, or a computer;

���� (b)�� the creator and subject
of the photograph are juveniles or were juveniles at the time of its making;
and

���� (c)�� the subject of the
photograph whose nudity is depicted or who is portrayed in a sexually
suggestive manner, as the case may be, knowingly consented to the making of the
photograph.

���� �c.��� A person required to
register under the provisions of this act shall do so on forms to be provided
by the designated registering agency as follows:

���� (1)�� A person who is required
to register and who is under supervision in the community on probation, parole,
furlough, work release, or a similar program, shall register at the time the
person is placed under supervision or no later than 120 days after the effective
date of this act, whichever is later, in accordance with procedures established
by the Department of Corrections, the Department of Human Services, the Youth
Justice Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170) or the Administrative Office of the Courts, whichever is
responsible for supervision;

���� (2)�� A person confined in a
correctional or juvenile facility or involuntarily committed who is required to
register shall register prior to release in accordance with procedures
established by the Department of Corrections, the Department of Human Services
or the Youth Justice Commission and, within 48 hours of release, shall also
register with the chief law enforcement officer of the municipality in which
the person resides or, if the municipality does not have a local police force,
the Superintendent of State Police;

���� (3)�� A person moving to or
returning to this State from another jurisdiction shall register with the chief
law enforcement officer of the municipality in which the person will reside or,
if the municipality does not have a local police force, the Superintendent of
State Police within 120 days of the effective date of this act or
not less than

10 days
[
of
]

before

first residing in or returning to a municipality in this State, whichever is
later;

���� (4)�� A person required to
register on the basis of a conviction prior to the effective date who is not
confined or under supervision on the effective date of this act shall register
within 120 days of the effective date of this act with the chief law enforcement
officer of the municipality in which the person will reside or, if the
municipality does not have a local police force, the Superintendent of State
Police;

���� (5)�� A person who in another
jurisdiction is required to register as a sex offender and who is enrolled on a
full-time or part-time basis in any public or private educational institution
in this State, including any secondary school, trade or professional institution,
institution of higher education or other post-secondary school shall,
[
within ten
]

not less than
10
days
[
of
]

before

commencing attendance at such educational institution, register with the chief
law enforcement officer of the municipality in which the educational
institution is located or, if the municipality does not have a local police
force, the Superintendent of State Police;

���� (6)�� A person who in another
jurisdiction is required to register as a sex offender and who is employed or
carries on a vocation in this State, on either a full-time or a part-time
basis, with or without compensation, for more than 14 consecutive days or for an
aggregate period exceeding 30 days in a calendar year, shall,
[
within ten
]

not less
than 10
ten days
[
after
]
commencing
such employment or vocation, register with the chief law enforcement officer of
the municipality in which the employer is located or where the vocation is
carried on, as the case may be, or, if the municipality does not have a local
police force, the Superintendent of State Police;

���� (7)�� In addition to any other
registration requirements set forth in this section, a person required to
register under this act who is enrolled at, employed by or carries on a
vocation at an institution of higher education or other post-secondary school
in this State shall, within 10 days after commencing such attendance,
employment or vocation, register with the law enforcement unit of the
educational institution, if the institution has such a unit.

���� d. (1) Upon a change of
address, a person shall notify the law enforcement agency with which the person
is registered and shall re-register with the appropriate law enforcement agency
no less than 10 days before the person intends to first reside at the new
address. Upon a change of employment or school enrollment status, a person
shall notify the appropriate law enforcement agency no later than five days
after any such change.� A person who fails to notify the appropriate law
enforcement agency of a change of address or status in accordance with this
subsection is guilty of a crime of the third degree.

���� (2)�� A person required to
register under this act shall provide the appropriate law enforcement agency
with information as to whether the person has routine access to or use of a
computer or any other device with Internet capability. A person who fails to
notify the appropriate law enforcement agency of such information or of a
change in the person's access to or use of a computer or other device with
Internet capability or who provides false information concerning the person's
access to or use of a computer or any other device with Internet capability is
guilty of a crime of the third degree.

���� e.���� A person required to
register under paragraph (1) of subsection b. of this section or under
paragraph (3) of subsection b. due to a sentence imposed on the basis of
criteria similar to the criteria set forth in paragraph (1) of subsection b.
shall verify the person's address with the appropriate law enforcement agency
every 90 days in a manner prescribed by the Attorney General.� A person
required to register under paragraph (2) of subsection b. of this section or
under paragraph (3) of subsection b. on the basis of a conviction for an
offense similar to an offense enumerated in paragraph (2) of subsection b.
shall verify the person's address annually in a manner prescribed by the
Attorney General.� In addition to address information, the person shall provide
as part of the verification process any additional information the Attorney
General may require. One year after the effective date of this act, the
Attorney General shall review, evaluate and, if warranted, modify pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.) the verification requirement.� Any person who knowingly provides false
information concerning the person's place of residence or who fails to verify
the person's address with the appropriate law enforcement agency or other
entity, as prescribed by the Attorney General in accordance with this
subsection, is guilty of a crime of the third degree.

���� f.���� Except as provided in
subsection g. of this section, a person required to register under this act may
make application to the Superior Court of this State to terminate the
obligation upon proof that the person has not committed an offense within 15
years following conviction or release from a correctional facility for any term
of imprisonment imposed, whichever is later, and is not likely to pose a threat
to the safety of others.

���� g.��� A person required to
register under this section who has been convicted of, adjudicated delinquent,
or acquitted by reason of insanity for more than one sex offense as defined in
subsection b. of this section or who has been convicted of, adjudicated delinquent,
or acquitted by reason of insanity for aggravated sexual assault pursuant to
subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of
subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this
section to make application to the Superior Court of this State to terminate
the registration obligation.

(cf: P.L.2025, c.35, s.15)

���� 2.��� Section 3 of P.L.1994,
c.128 (C.2C:7-8) is amended to read as follows:�

���� 3.��� a.� After consultation
with members of the advisory council established pursuant to section 6 of this
act and within 60 days of the effective date, the Attorney General shall
promulgate guidelines and procedures for the notification required pursuant to the
provisions of this act.� The guidelines shall identify factors relevant to risk
of re-offense and shall provide for three levels of notification depending upon
the degree of the risk of re-offense.�

���� b.��� Factors relevant to risk
of re-offense shall include, but not be limited to, the following:�

���� (1)�� Conditions of release
that minimize risk of re-offense, including but not limited to whether the
offender is under supervision of probation or parole; receiving counseling,
therapy or treatment; or residing in a home situation that provides guidance
and supervision;�

���� (2)�� Physical conditions that
minimize risk of re-offense, including but not limited to advanced age or
debilitating illness;�

���� (3)�� Criminal history factors
indicative of high risk of re-offense, including:

���� (a)�� Whether the offender's
conduct was found to be characterized by repetitive and compulsive behavior;�

���� (b)�� Whether the offender
served the maximum term;

���� (c)�� Whether the offender
committed the sex offense against a child;

���� (4)�� Other criminal history
factors to be considered in determining risk, including:

���� (a)�� The relationship between
the offender and the victim;

���� (b)�� Whether the offense
involved the use of a weapon, violence, or infliction of serious bodily
injury;�

���� (c)�� The number, date and
nature of prior offenses;

���� (5)�� Whether psychological or
psychiatric profiles indicate a risk of recidivism;

���� (6)�� The offender's response
to treatment;

���� (7)�� Recent behavior,
including behavior while confined or while under supervision in the community
as well as behavior in the community following service of sentence; and�

���� (8)�� Recent threats against
persons or expressions of intent to commit additional crimes.�

���� c.���� The regulations shall
provide for three levels of notification depending upon the risk of re-offense
by the offender as follows:�

���� (1)�� If risk of re-offense is
low, law enforcement agencies likely to encounter the person registered shall
be notified;�

���� (2)�� If risk of re-offense is
moderate, organizations in the community including schools, religious and youth
organizations shall be notified in accordance with the Attorney General's
guidelines, in addition to the notice required by paragraph (1) of this subsection;�

���� (3)�� If risk of re-offense is
high, the public shall be notified through means in accordance with the
Attorney General's guidelines designed to reach members of the public likely to
encounter the person registered, in addition to the notice required by paragraphs
(1) and (2) of this subsection.�

���� d.��� In order to promote
uniform application of the notification guidelines required by this section,
the Attorney General shall develop procedures for evaluation of the risk of
re-offense and implementation of community notification.� These procedures
shall require, but not be limited to, the following:�

���� (1)�� The county prosecutor of
the county where the person was convicted and the county prosecutor of the
county where the registered person will reside, together with any law
enforcement officials that either deems appropriate, shall assess the risk of
re-offense by the registered person;�

���� (2)�� The county prosecutor of
the county in which the registered person will reside, after consultation with
local law enforcement officials, shall determine the means of providing
notification.�

���� e.���� The Attorney General's
guidelines shall provide for the manner in which records of notification
provided pursuant to this act shall be maintained and disclosed.�

����
f.���� The Attorney General
shall develop procedures for

1
[
the
]
1

county prosecutors to

1
[
utilize in
]

use when
1

evaluating

1
[
the
]
1
sex
offender registration records

1
[
of
]

from
1

other
jurisdictions and comparing those records with the factors relevant to the risk
of re‑offense and any other criteria

1
[
utilized in determining
]

used to
determine
1

an offender's risk of re‑offense.� Whenever a sex offender who is
registered in another jurisdiction

1
[
and intends
to establish residence in this State
]
1

registers pursuant to

1
paragraph
(3) of subsection c. of
1

section 2 of P.L.1994, c.133 (C.2C:7‑2), the county prosecutor shall
evaluate the offender's registration record compiled by the other jurisdiction

1
and
make a determination regarding the offender�s risk of re-offense
1

prior
to the offender

1
[
establishing
residence
]

first residing or returning to this State
1
.� If the county
prosecutor determines the offender's risk of re‑offense is moderate or
high, notification shall be provided within 72 hours of the offender first
residing in

1
or
returning to
1

this State pursuant to paragraphs (2) and (3) of subsection c. of this
section, unless the offender requests judicial review of the prosecutor's
determination.
�
1
Requests
for review shall be made using a form approved by the Administrative Director
of the Courts.
1
�

If the offender requests judicial review, a hearing shall be conducted on an
expedited basis prior to notification.
1
[
Upon entering this State and
until
]

Until
1

the completion of judicial review,

1
[
the
]

an
1

offender

1
residing
in this State
1

shall be subject to continuous, satellite‑based monitoring

1
in
accordance with the �Sex Offender Monitoring Act,� P.L.2007, c.128
(C.30:4-123.89 et seq.).� The State Parole Board shall provide the offender
with written notice of the conditions of monitoring and any fines, fees, or
penalties that may be imposed for a violation of those conditions pursuant to Title
2C of the New Jersey Statutes, P.L.2007, c.128 (C.30:4-123.89 et seq.), or
section 7 of P.L.2013, c.214 (C.30:4-123.97)
1
.

(cf: P.L.1994, c.128, s.3)

���� 3.��� This act shall take
effect immediately.