Sorry it posted twice. I don't know how to delete this one :-/

Cakies08 ,

Welcome to the board. Glad to be able to help you with your questions.

Some of your questions were addressed in the thread below. Click the link and read through the thread. I am fixing to watch the OU-Clemson football game, but will be back in a few hours. If you have more specific questions, I will answer them at that time. You can ask your questions and we will answer them for you.

http://tinyurl.com/zc3kpxn

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It's probably best to take advantage of a free consultation with a lawyer who has expertise in that arena when the time comes. I Google these topics and try to learn as much as I can, but I find it somewhat confusing. Many of the lawyers advertise online and they attempt to explain different topics. Maybe someone from NJ who has more knowledge and/or first-hand experience will be able to shed more light on the subject. It seems like the laws keep getting amended which makes it even more confusing.

Yes, Rew, that was very helpful info you gave me, also. Thank you again.

This should address most of the concerns you might have.

I am not from NJ, but I have been reading about NJ law, so I will try to explain the parole situation.

I received a 20 year sentence in Oklahoma. If I had served 15 years of that sentence and then was granted parole, I would be released to serve five years on parole. At the end of that five years, if I had not had any parole revocations, I would be done and finished with the 20 year sentence and the state----the Oklahoma Department of Corrections----would no longer have any control over me. My court defined sentence would have been finished and I would be free----except for the registry.

NJ has a procedure they call PSL---Parole Supervision for LIfe.

One aspect of a Megan's Law sentence in New Jersey is "Parole Supervision for Life" for certain sex crimes, usually those aggravated in nature.

PSL means exactly what it sounds like - being on parole and abiding by the terms and conditions of parole and a parole officer for the rest of one's life. If such an individual violates the terms of his parole, incarceration above and beyond the original sentence may occur. While such individuals may petition the court after fifteen (15) years for release from parole supervision, the decision lies exclusively with the court.

So he will be on parole for the rest of his life unless he can petition the court after 15 years and have it terminated.

Since PSL in NJ is tied in with Megan's Law, an individual sentenced to PSL may have his or her access to the internet monitored and/or curtailed. More particularly, such individuals can be prohibited from accessing or using a computer or any other device with internet access; can be required to submit to periodic unannounced examinations of their computers or internet devices by a parole officer, law enforcement officer or assigned technology specialist including the retrieval and copying of all data from the computer or device; can be required to submit to the installation on the person's computer, at the person's expense, one or more hardware or software systems to monitor internet use; and can be required to submit to any other appropriate restrictions concerning the person's use or access to a computer or to a device with internet capability.

In my example, my parole would have ended after 20 years were served. In NJ, the parole---the supervision by the state----NEVER ends unless the offender can successfully petition the court and be removed after 15 years.

Hope this helps explain things a little better.

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I know he is on for life/"life" but my question is how do we prove he is not a threat? He had only one conviction, no parole violations, never popped positive on a drug test, always is there when his PO requests, was never without a job, was nothing but a model citizen. How else do we prove he is cured to the court? Does he need a therapist to evaluate him? His PO to testify? This is what confuses me. The other thing that makes no sense his PO said after 15 years he could petition but every website I read says you will be denied release if you were charged with an aggravated charge. So does he still even have a chance?

You asked, "I know he is on for life/"life" but my question is how do we prove he is not a threat?"

Once on PSL, he cannot be removed unless he successfully petitions the court after 15 years to have the PSL terminated. How do you prove he is not a threat???

He does that by being the best quality human being possible-----holding a job, following all the rules, being a nice and decent person and above all, no reoffending.

I don't think there is a magical formula that will ensure his removal after 15 years, but people judge by actions and appearances. He needs to learn how to be respected by other people. He needs to smile at people. No loud talking, yelling, or boisterous behavior. Many people out here are older, conservative folks and they are turned off by bad behavior.

It would not hurt to hold a door open at Wal Mart for a lady who has her hands full and a couple of kids. Several times while shopping, I saw a woman on the parking lot with a flat tire; I changed it for her. Yes, I got dirty, but she sure was grateful. I am no longer on the registry, but I help people every day. It is just who I am and he can do the same.

He needs to walk with his head held high without looking angry all the time and giving others menacing looks. It is very difficult for people to continue to treat another person badly if they continue to act like a decent human being; it is sort of like the "kill them with kindness" theory, but he must be earnest in his feelings. People judge on what they see.

His appearance is important also. When he goes out, he needs to make sure his hair is combed, any facial hair tended to, and he needs to look clean. Leave the raggedy jeans with holes in them home, along with the T-shirt two sizes too small which allows his belly to show. No, he does not have to wear a suit and tie, but I always wear a clean pair of jeans, a clean nice-looking pull over shirt, and some nice tennis shoes. He needs to look like a good person and not an ex-felon. His clothing does not have to be fancy, but his clothes need to fit properly and be clean.

You may think, "Gee, REW has flipped out." Well, no, a registrant----and especially a sex offender with a felony conviction----needs to pull out all the stops and leave no stone unturned to get on with his life in a positive manner.

If he is released from prison and starts acting look a fool, he will be treated as not only a fool, but a criminal. He needs to show people that the label placed on him is wrong----and he can only do that by his actions.

If he does these things, I can guarantee you that his reputation as the neighborhood sex offender will slowly change to that of a guy who just made a stupid mistake.

You asked, " He had only one conviction, no parole violations, never popped positive on a drug test, always is there when his PO requests, was never without a job, was nothing but a model citizen. How else do we prove he is cured to the court?"

As I said, there is no silver bullet to show that he is cured. I think a clean record for 15 years, holding a job, having family support, and just being a model, decent citizen is about all he can really do. Having a positive attitude and faith in something----perhaps a Higher Power----is also imperative.

You asked, " Does he need a therapist to evaluate him?"

A favorable testimony from a therapist that he is no threat would be a HUGE factor in being removed from PSL status. I talked to an attorney I know and he said that judges are usually impressed by the opinions of other professionals, such as a therapist. Also, sometimes an offender can take a "sexual history" and a "evaluation" test administered by the therapist to show that he is no longer a threat. The main thing is that he will need some other reputable, respected folks to tell the judge that he is a "good guy" other than his family. Therapists tend to be unbiased and judges know that.

You asked, " His PO to testify?"

A favorable report from the PO can do nothing but help.

You asked, " The other thing that makes no sense his PO said after 15 years he could petition but every website I read says you will be denied release if you were charged with an aggravated charge."

To be deemed a PSL offender, the offender has been convicted of an aggravated sex offense. He would not be deemed a PSL offender if he was not convicted of one of several listed crimes, which are enumerated here-----

http://tinyurl.com/jyrtkra

You can look at the chart and see which crimes are crimes that will result in a PSL designation. He may be denied release after 15 years the first time he applies, but I am sure he can reapply at some point, but he will need to talk to an attorney.

You asked, " So does he still even have a chance?"

Well, of course he has a chance. Thousands of offenders do OK on parole or probation every day in this country and there is no reason he cannot do the same. My friend Independent made a great post a day or so ago, which gave the blueprint on how to get through this. I could rattle off dozens of names from the board here as sex offenders or from the boards I go to for those that are just inmates of guys who are doing fine on probation.

This situation is DOABLE; not pleasant, but DOABLE. There are methods to mitigate the effects of the registry, which will make this much easier. Even on parole, after he has served a portion of his parole and has done well, they will lighten up and become more lenient on him. Once the parole officer knows he is a decent guy who only wants to follow the rules, he will know that your guy does not need the strictest supervision; things will get much better.

Probation and parole officers are terribly overworked with a heavy case load. If they notice someone who they know is no longer a threat, they will loosen up and save their intrusive tactics to someone else.

Much of the registry and probation is a mental exercise and in many cases parole or probation is what the offender makes of it and how he handles it. Probation or the registry is not a "life-ender" and his life is not ruined unless he allows it to be.

When I was in prison, it was not always easy, but I learned quickly that sometimes we have to "make our own happiness" and find things to be thankful for. Your guy is blessed and he does not even realize it; he is blessed to have someone like yourself who is concerned enough to register an account on this board and ask for help.

Take this one day at a time. He seems to be a decent person and decent people usually find a way to get through this.

Keep in touch,

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