a.
Notwithstanding any provision of law to the contrary, a judge imposing
sentence on a person who has been convicted of aggravated sexual
assault, sexual assault, aggravated criminal sexual contact, kidnapping
pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering
the welfare of a child by engaging in sexual conduct which would impair
or debauch the morals of the child pursuant to subsection a. of
N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph
(3) of subsection b. of N.J.S.2C:24-4, luring or an attempt to commit
any of these offenses shall include, in addition to any sentence
authorized by this Code, a special sentence of parole supervision for
life.
b.
The
special sentence of parole supervision for life required by this
section shall commence immediately upon the defendants release from
incarceration. If the defendant is serving a sentence of incarceration
for another offense at the time he completes the custodial portion of
the sentence imposed on the present offense, the special sentence of
parole supervision for life shall not commence until the defendant is
actually released from incarceration for the other offense. Persons
serving a special sentence of parole supervision for life shall remain
in the legal custody of the Commissioner of Corrections, shall be
supervised by the Division of Parole of the State Parole Board, shall be
subject to the provisions and conditions set forth in subsection c. of
section 3 of P.L.1997, c.117 (C.30:4-123.51b) and sections 15 through 19
and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and
30:4-123.65), and shall be subject to conditions appropriate to protect
the public and foster rehabilitation. Such conditions may include the
requirement that the person comply with the conditions set forth in
subsection f. of this section concerning use of a computer or other
device with access to the Internet. If the defendant violates a
condition of a special sentence of parole supervision for life, the
defendant shall be subject to the provisions of sections 16 through 19
and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and
30:4-123.65), and for the purpose of calculating the limitation on time
served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65) the
custodial term imposed upon the defendant related to the special
sentence of parole supervision for life shall be deemed to be a term of
life imprisonment. When the court suspends the imposition of sentence on
a defendant who has been convicted of any offense enumerated in
subsection a. of this section, the court may not suspend imposition of
the special sentence of parole supervision for life, which shall
commence immediately, with the Division of Parole of the State Parole
Board maintaining supervision over that defendant, including the
defendants compliance with any conditions imposed by the court pursuant
to N.J.S.2C:45-1, in accordance with the provisions of this subsection.
Nothing contained in this subsection shall prevent the court from at any
time proceeding under the provisions of N.J.S.2C:45-1 through 2C:45-4
against any such defendant for a violation of any conditions imposed by
the court when it suspended imposition of sentence, or prevent the
Division of Parole from proceeding under the provisions of sections 16
through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63
and C.30:4-123.65) against any such defendant for a violation of any
conditions of the special sentence of parole supervision for life,
including the conditions imposed by the court pursuant to
N.J.S.2C:45-1.
In
any such proceeding by the Division of Parole, the provisions of
subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b)
authorizing revocation and return to prison shall be applicable to such a
defendant, notwithstanding that the defendant may not have been
sentenced to or served any portion of a custodial term for conviction of
an offense enumerated in subsection a. of this section.
c.
A
person sentenced to a term of parole supervision for life may petition
the Superior Court for release from that parole supervision. The judge
may grant a petition for release from a special sentence of parole
supervision for life only upon proof by clear and convincing evidence
that the person has not committed a crime for 15 years since the last
conviction or release from incarceration, whichever is later, and that
the person is not likely to pose a threat to the safety of others if
released from parole supervision. Notwithstanding the provisions of
section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a
term of parole supervision for life may be released from that parole
supervision term only by court order as provided in this subsection.
d.
A
person who violates a condition of a special sentence imposed pursuant
to this section without good cause is guilty of a crime of the fourth
degree. Notwithstanding any other law to the contrary, a person
sentenced pursuant to this subsection shall be sentenced to a term of
imprisonment, unless the court is clearly convinced that the interests
of justice so far outweigh the need to deter this conduct and the
interest in public safety that a sentence to imprisonment would be a
manifest injustice. Nothing in this subsection shall preclude subjecting
a person who violates any condition of a special sentence of parole
supervision for life to the provisions of sections 16 through 19 and 21
of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65)
pursuant to the provisions of subsection c. of section 3 of P.L.1997,
c.117 (C.30:4-123.51b).
e.
A
person who, while serving a special sentence of parole supervision for
life imposed pursuant to this section, commits a violation of
N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of
N.J.S.2C:12-1, N.J.S.2C:13-1, section 1 of P.L.1993, c.291 (C.2C:13-6),
N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, N.J.S.2C:18-2 when the
offense is a crime of the second degree, or subsection a. of
N.J.S.2C:39-4 shall be sentenced to an extended term of imprisonment as
set forth in N.J.S.2C:43-7, which term shall, notwithstanding the
provisions of N.J.S.2C:43-7 or any other law, be served in its entirety
prior to the persons resumption of the term of parole supervision for
life.
f.
The
special sentence of parole supervision for life required by this
section may include any of the following Internet access
conditions:
(1)
Prohibit
the person from accessing or using a computer or any other device with
Internet capability without the prior written approval of the court
except the person may use a computer or any other device with Internet
capability in connection with that persons employment or search for
employment with the prior approval of the persons parole officer;
(2)
Require
the person to submit to periodic unannounced examinations of the
persons computer or any other device with Internet capability by a
parole officer, law enforcement officer or assigned computer or
information technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or external
peripherals and removal of such information, equipment or device to
conduct a more thorough inspection;
(3)
Require
the person to submit to the installation on the persons computer or
device with Internet capability, at the persons expense, one or more
hardware or software systems to monitor the Internet use; and
(4)
Require
the person to submit to any other appropriate restrictions concerning
the persons use or access of a computer or any other device with
Internet capability.
b.The
special sentence of parole supervision for life required by this
section shall commence immediately upon the defendants release from
incarceration. If the defendant is serving a sentence of incarceration
for another offense at the time he completes the custodial portion of
the sentence imposed on the present offense, the special sentence of
parole supervision for life shall not commence until the defendant is
actually released from incarceration for the other offense. Persons
serving a special sentence of parole supervision for life shall remain
in the legal custody of the Commissioner of Corrections, shall be
supervised by the Division of Parole of the State Parole Board, shall be
subject to the provisions and conditions set forth in subsection c. of
section 3 of P.L.1997, c.117 (C.30:4-123.51b) and sections 15 through 19
and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and
30:4-123.65), and shall be subject to conditions appropriate to protect
the public and foster rehabilitation. Such conditions may include the
requirement that the person comply with the conditions set forth in
subsection f. of this section concerning use of a computer or other
device with access to the Internet. If the defendant violates a
condition of a special sentence of parole supervision for life, the
defendant shall be subject to the provisions of sections 16 through 19
and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and
30:4-123.65), and for the purpose of calculating the limitation on time
served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65) the
custodial term imposed upon the defendant related to the special
sentence of parole supervision for life shall be deemed to be a term of
life imprisonment. When the court suspends the imposition of sentence on
a defendant who has been convicted of any offense enumerated in
subsection a. of this section, the court may not suspend imposition of
the special sentence of parole supervision for life, which shall
commence immediately, with the Division of Parole of the State Parole
Board maintaining supervision over that defendant, including the
defendants compliance with any conditions imposed by the court pursuant
to N.J.S.2C:45-1, in accordance with the provisions of this subsection.
Nothing contained in this subsection shall prevent the court from at any
time proceeding under the provisions of N.J.S.2C:45-1 through 2C:45-4
against any such defendant for a violation of any conditions imposed by
the court when it suspended imposition of sentence, or prevent the
Division of Parole from proceeding under the provisions of sections 16
through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63
and C.30:4-123.65) against any such defendant for a violation of any
conditions of the special sentence of parole supervision for life,
including the conditions imposed by the court pursuant to
N.J.S.2C:45-1.
In
any such proceeding by the Division of Parole, the provisions of
subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b)
authorizing revocation and return to prison shall be applicable to such a
defendant, notwithstanding that the defendant may not have been
sentenced to or served any portion of a custodial term for conviction of
an offense enumerated in subsection a. of this section.
c.A
person sentenced to a term of parole supervision for life may petition
the Superior Court for release from that parole supervision. The judge
may grant a petition for release from a special sentence of parole
supervision for life only upon proof by clear and convincing evidence
that the person has not committed a crime for 15 years since the last
conviction or release from incarceration, whichever is later, and that
the person is not likely to pose a threat to the safety of others if
released from parole supervision. Notwithstanding the provisions of
section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a
term of parole supervision for life may be released from that parole
supervision term only by court order as provided in this subsection.
d.A
person who violates a condition of a special sentence imposed pursuant
to this section without good cause is guilty of a crime of the fourth
degree. Notwithstanding any other law to the contrary, a person
sentenced pursuant to this subsection shall be sentenced to a term of
imprisonment, unless the court is clearly convinced that the interests
of justice so far outweigh the need to deter this conduct and the
interest in public safety that a sentence to imprisonment would be a
manifest injustice. Nothing in this subsection shall preclude subjecting
a person who violates any condition of a special sentence of parole
supervision for life to the provisions of sections 16 through 19 and 21
of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65)
pursuant to the provisions of subsection c. of section 3 of P.L.1997,
c.117 (C.30:4-123.51b).
e.A
person who, while serving a special sentence of parole supervision for
life imposed pursuant to this section, commits a violation of
N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of
N.J.S.2C:12-1, N.J.S.2C:13-1, section 1 of P.L.1993, c.291 (C.2C:13-6),
N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, N.J.S.2C:18-2 when the
offense is a crime of the second degree, or subsection a. of
N.J.S.2C:39-4 shall be sentenced to an extended term of imprisonment as
set forth in N.J.S.2C:43-7, which term shall, notwithstanding the
provisions of N.J.S.2C:43-7 or any other law, be served in its entirety
prior to the persons resumption of the term of parole supervision for
life.
f.The
special sentence of parole supervision for life required by this
section may include any of the following Internet access
conditions:
(1)Prohibit
the person from accessing or using a computer or any other device with
Internet capability without the prior written approval of the court
except the person may use a computer or any other device with Internet
capability in connection with that persons employment or search for
employment with the prior approval of the persons parole officer;
(2)Require
the person to submit to periodic unannounced examinations of the
persons computer or any other device with Internet capability by a
parole officer, law enforcement officer or assigned computer or
information technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or external
peripherals and removal of such information, equipment or device to
conduct a more thorough inspection;
(3)Require
the person to submit to the installation on the persons computer or
device with Internet capability, at the persons expense, one or more
hardware or software systems to monitor the Internet use; and
(4)Require
the person to submit to any other appropriate restrictions concerning
the persons use or access of a computer or any other device with
Internet capability. 
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