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Defense Attorneys for Violation of a PSL in New Jersey

October 4, 2021 by

Defense Attorneys for Violation of a PSL in New Jersey

New Jersey has determined that anyone convicted of certain sex offenses should be penalized with a sentence of parole supervision for life (PSL) after their release from prison. PSL is mandatory for convictions of sexual assault, endangering the welfare of a child, and sex crimes against a kidnapping victim under age 16. Parole supervision for life means the parolee will be subject to rules and conditions as set forth by their parole officer for at least 15 years. PSL applies to individuals convicted after January 14, 2004. Community supervision for life (CSL) is an earlier version of PSL that applies to convictions and sentences handed down before 2004. An individual who violates the terms of a PSL could return to prison for up to five years. However, a parolee charged with violating a PSL retains the right to a presumption of innocence until proven guilty beyond a reasonable doubt. Jason A. Volet is an experienced New Jersey sex crimes defense attorney and can help if you have been accused of violating the terms of parole supervision for life. Contact us now for a free consultation.

What Is a PSL Violation?

Parole is the conditional release of prisoners before they complete their sentence, which typically includes certain restrictions on activities and some level of supervision by a parole officer. Someone who does not follow the requirements set down as part of their parole agreement, or who “violates parole,” may be sent back to prison. While it is not the law per se, New Jersey’s parole handbook for adults allows parole supervision for life (PSL) to be incredibly strict. Requirements or restrictions that may be placed upon a parolee on PSL may include:

  • Daily curfews
  • Regular meetings with the parole officer
  • Unannounced visits by the parole officer
  • Searches of belongings, residence and vehicle (with cause)
  • Notifying the parole officer immediately of any arrest, or issuance of a complaint, summons or temporary or final restraining order
  • Prohibition from using any computer and/or device to create any social networking profile or to access any social networking service or chat room
  • Submitting to drug or alcohol testing, medical or psychological exams or community or residential counseling or treatment programs as directed by the parole officer
  • Submitting to yearly polygraph tests
  • A prohibition from owning or possessing a gun or other weapons
  • Requiring the parole officer’s permission as to where the individual may live and whom they may live with
  • Requiring the parole officer’s permission to travel outside of New Jersey
  • Requiring the parole officer’s permission to accept an employment offer or business opportunity or to do volunteer work
  • Requiring immediate notification to the parole officer of any loss of employment.

The parolee would also be prohibited from contact with the victim or victims of the offense. If the original sexual crime offense involved a minor, then the conditions of PSL could also include restrictions on contact with minors in general. If the court determined that the offender’s conduct was characterized by a pattern of repetitive and compulsive behavior, the court could commit the parolee to the Adult Diagnostic and Treatment Center and require completion of any program or counseling the treatment center suggested. The court could also prohibit the use of alcohol by a parolee on PSL if the court determined that the parolee’s conduct was characterized by a pattern of repetitive and compulsive behavior and the local court and prosecutor determined that the parolee was a high risk to offend again. To convict a parolee of violating terms of PSL, a prosecutor must prove:

  • The parolee was subject to conditions of PSL,
  • The parolee knowingly violated a condition imposed under a sentence of PSL, and
  • The parolee did not have good cause to violate the condition.

The statute does not define “good cause.” In a judge’s instructions to the jury, he or she is to say that “good cause” is defined as a substantial reason that affords a legal excuse for the failure to abide by the condition of PSL.

Penalties for Violation of a PSL or CSL

In 2014, New Jersey’s legislature amended the Violent Predator Incapacitation Act (VPIA), a part of Megan’s Law, which requires sex offenders to register with the state. Originally, the VPIA established that a defendant convicted of certain sex offenses would be required to serve a special sentence of community supervision for life (CSL). Prior to the 2014 changes to the law, a violation of the terms of CSL was punishable as a fourth-degree crime, which may be punished by up to 18 months in prison. The 2014 Amendment increased a CSL violation to a third-degree crime punishable by a presumptive term of imprisonment and established that such a violation converted CSL to parole supervision for life (PSL). A third-degree crime may be punished by up to five years in prison. However, the N.J. Supreme Court ruled later [State v. Hester, 186 A.3d 236 (N.J. 2018)] that adopting the amendment amounted to passing an “ex post facto law,” which the U.S. Constitution and the New Jersey Constitution prohibit. An ex post facto law is one that applies to events occurring before its enactment and that unfairly disadvantages the offender affected by it. The result is that the violation of a CSL, imposed upon release from prison for certain sex crimes committed prior to 2004, remains a fourth-degree offense punishable by up to 18 months in prison.

Help for Those Who Have Violated a PSL in New Jersey

If you have been accused of violating the terms of parole supervision for life (PSL) or community supervision for life (CSL), you are innocent until proven guilty and have additional rights. This is a complex area of New Jersey criminal law. You need a seasoned criminal defense lawyer who knows the law and will stand up for your rights. At The Law Offices of Jason A. Volet, our experienced New Jersey sex crimes defense attorney can explain your legal options and defend you in court. Contact us in Freehold or Neptune, NJ, today for a free consultation.

About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

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