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In re B.B.

New Jersey Appellate Division

June 15, 2022

The New Jersey Appellate Division affirmed the trial court’s designation of B.B. as a Tier II Megan’s Law registrant and vacated the provision of the order excluding his personal identifiers from the Internet Registry. B.B. moved to Atlantic County in 2019 after he was convicted in Pennsylvania in 2009 and 2015 of sexual offenses involving children. The county prosecutor informed B.B. of the State’s intention to: (1) classify B.B. as a Tier II registrant at a moderate risk to re-offend; (2) notify schools and community organizations in his neighborhood of his presence; and (3) include his personal identifiers on the Internet Registry. B.B. objected to the proposed classification and the inclusion of his personal identifiers on the Internet Registry. The trial court assigned B.B. an RRAS total score of sixty-two, placing him in Tier II moderate risk category, ordered notification of schools and community organizations, and waived the Internet Registry requirement. The parties appealed. The Appellate Division ruled that the trial court abused its discretion in scoring factor six at nine points. The evidence supported a score of three points. However, the trial court’s exclusion of B.B.’s personal identifiers from the Internet Registry was a mistaken exercise of discretion. The “evidence on which the trial court relied is not the type of expert opinion or other evidence specific to the unique aspects of B.B.’s offenses or character relevant to his risk of re-offense that the Court in In re Registrant G.B., 147 N.J. 62, 74 (1996), held may warrant departure from a statutory notice provision.”

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