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Sunday, July 17, 2016

IN THE MATTER OF REGISTRANT D.F.S. A-0816-15T1


IN THE MATTER OF REGISTRANT D.F.S.
          A-0816-15T1
The opinion construes the Internet registration section of Megan's Law, which requires that the individual registration information of certain sex offenders be listed on a publicly- available Internet registry. In 2013, the Legislature eliminated certain previously-existing exceptions for low and moderate risk offenders, including incest offenders, "if the offender's conduct was characterized by a pattern of repetitive, compulsive behavior." N.J.S.A. 2C:7-13(e). Like the Megan's Law judge, we concluded that under N.J.S.A. 2C:7-13(e), the decision whether an offender's individual registration record "shall be made available to the public on the Internet registry" depends whether his sex offenses were repetitive and compulsive at the time he committed them, and not on his mental condition at the time of the Megan's Law tier hearing. Therefore, we affirmed the order requiring that D.F.S.'s information be placed on the Internet registry.