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Retroactive Application of NJ Sex Offender Law Upheld
The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not receive "custodial reduction credits." The law was changed in 1979 and persons convicted of those offenses could earn such credits.
At 543: The court recites the Turner v. Safley test and equates it with a "rational basis" test. It holds that the distinction does not deny equal protection, since the state has a rational basis in making sure that people with indeterminate terms (who could be released any time) were satisfactorily rehabilitated before release. It doesn't deny due process, either. See: Prevard v. Fauver, 47 F.Supp.2d 539 (D.N.J. 1999).
At 543: The court recites the Turner v. Safley test and equates it with a "rational basis" test. It holds that the distinction does not deny equal protection, since the state has a rational basis in making sure that people with indeterminate terms (who could be released any time) were satisfactorily rehabilitated before release. It doesn't deny due process, either. See: Prevard v. Fauver, 47 F.Supp.2d 539 (D.N.J. 1999).
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Related legal case
Prevard v. Fauver
| Year | 1999 |
|---|---|
| Cite | 47 F.Supp.2d 539 (D.N.J. 1999) |
| Level | District Court |
| Injunction Status | N/A |