The court affirmed the provisions of the trial court order designating registrant B.B. as a Tier II offender under the Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -23, commonly known as Megan's Law, and ordering notification of schools and community organizations pursuant to N.J.S.A. 2C:7-8(c)(2). However, the court: (1) concluded it was an abuse of the trial court's discretion to give a score of nine on factor six of the Risk Assessment Scale, "duration of offensive behavior," because the State did not prove by clear and convincing evidence that B.B.'s sexual offenses took place over two years and held that a score of three, applicable to sexual offenses that took place over one or two years was appropriate; and (2) vacated a provision of the trial court order excluding B.B.'s personal identifiers from the Sex Offender Internet Registry, N.J.S.A. 2C:7-12 to -18. The court found that the evidence on which the trial court relied for that determination was not expert testimony or other evidence specific to the unique aspects of B.B.'s offenses or character relevant to his risk of re-offense. The court noted, but did not decide, the question of whether Article IV, Section 7, Paragraph 12 of the State Constitution and its implementing statute, N.J.S.A. 2C:7-13(c), preclude a court from excluding the personal identifiers of a Tier II offender subject to community notification pursuant to N.J.S.A. 2C:7-8(c)(2) from the State Offender Internet Registry.
