Families of SOs Community Group
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We should probably already know this but we don't. My fiance can appeal to the Superior Court of NJ in four more years. We are starting to research attorneys that are knowledgeable and can help us plead our case. One thing that confuses me and I believe him as well is, if we appeal and our request to be free from registration is granted will we also be freed from CSL (community supervision for life)? We assume so but I have very little faith in the "justice system." I feel that they would find a way to keep him on CSL because they don't seem to want to ever let go. He is still being treated like he just got let out even eleven years later (I don't think him being passed around every four months helps at all.) Does anyone know if we will be done with all of it or just a portion of it? It's so frustrating to have to keep asking permission for my fiance to come to PA a moth in advance. If we could be done with the constant PO presence it would make life so much more bearable, and it would feel amazing to not get carded by every new PO he has. However, I know even if we aren't free from the supervision we will make it through like we always have. Any info would be great! Thank you all
CSL---Community Supervision for Life---is also referred to as PSL---Parole Supervision for Life. The sex offender registry and CSL are two completely different entities.
CSL is considered a part of the sentence in NJ and is considered a lifetime of parole. The sex offender registry is a civil scheme aimed to protect the public; it is not actually a part of the sentence, but is the result of being convicted of a sex offense.
The sex offender registry and CSL are separate entities.
You said, “My fiance can appeal to the Superior Court of NJ in four more years.”
According to the law, if a person is mandated a CSL/PSL sentence, he is subject to its restrictions for a minimum of 15 years. He can terminate both CSL and be removed from the registry after 15 years from the date of his conviction or his release from prison.
I do not know whether he is trying to appeal to the Superior Court to get off the sex offender registry or to terminate his CSL.
You asked, “One thing that confuses me and I believe him as well is, if we appeal and our request to be free from registration is granted will we also be freed from CSL (community supervision for life)?”
No, if he is still removed from the sex offender registry, he will still have the CSL or lifetime supervision to contend with.
Most offenders petition for both removal from the sex offender registry and a termination from CSL at the same time.
I doubt that they will remove him from the sex offender registry while he is still serving his sentence and on CSL.
So what I would do is to try to have his lifetime supervision terminated. He can file a petition with the court to do this after 15 years after the date of his conviction. If he is eligible---no re-offenses since his conviction and his conviction was not an aggravated offense---they may terminate his parole supervision for life.
With the CSL void, you will only have to deal with the sex offender registry, which is much less burdensome. Your main problem is not the sex offender registry, but all the stipulations of the lifetime supervision. The CSL is making your life more miserable than the sex offender registry.
Being terminated from lifetime parole or supervision would help your current situation since you said, “It's so frustrating to have to keep asking permission for my fiance to come to PA a moth in advance. If we could be done with the constant PO presence it would make life so much more bearable, and it would feel amazing to not get carded by every new PO he has.” If he could get his lifetime supervision terminated after 15, years you would no longer have to deal with the PO.
If he is only on the registry, he can travel without all the restrictions of lifetime supervision.
Of course, he can file a petition to be removed from the sex offender registry AND the lifetime supervision and if he prevails, that is even better. But as I said, I doubt that the court will allow him to be removed from the registry while on supervised release. Your attorney can answer most of your questions.
If you have any more questions, do not hesitate to contact me.
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