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Sex Crimes Archives

Ankle Bracelet Law for Sex Offenders Not Retroactive

A New Jersey Appeals Court recently ruled that a 2007 law requiring electronic monitoring and supervision of sex offenders is punitive in nature, and therefore cannot be applied retroactively.  In Riley v. Parole Board, the Appellate Division of our State Superior Court held that retroactive application of the law violates the United States Constitution's ex post facto clause (that is, a law that punishes certain conduct cannot be applied to offenses committed prior to  that law's enactment).  The Court held that the law could be applied prospectively only (i.e., going forward, to sex offense convictions occurring after the law went into effect in 2007).

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