Skip navigation
× You have 2 more free articles available this month. Subscribe today.

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).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Prevard v. Fauver