New Jersey Supreme Court Justice Barry Albin

The New Jersey Supreme Court has held unconstitutional a provision in Megan's Law that forever bars juveniles found delinquent from seeking to have themselves relieved of their community registration and notification requirements.

The court, in a unanimous ruling released Tuesday, said permanently barring juvenile offenders from even seeking relief is punitive, especially since adult offenders may so petition a court after 15 years of a clean record.

“This categorical bar cannot be lifted, even when the juvenile becomes an adult and poses no public safety risk, is fully rehabilitated, and is a fully productive member of society,” wrote Justice Barry Albin for the court in State in the Interest of C.K.

“Permanently barring juveniles who have committed certain sex offenses from petitioning for relief from the Megan's Law requirements bears no rational relationship to a legitimate government objective,” Albin said.

C.K.'s attorney, James Maynard, said the ruling is “well-crafted” and “reflects the scientific evidence” presented.

Juvenile offenders are the least likely to commit another sex offense if they have spent years undergoing rehabilitation, said Maynard, of Maynard & Sumner in Morristown. “Juveniles are highly amenable to rehabilitation,” he said.

Albin wrote, ”The record in this case reveals what is commonly known about juveniles—that their emotional, mental, and judgmental capacities are still developing and that their immaturity makes them more susceptible to act impulsively and rashly without consideration of the long-term consequences of their actions.

“The record also supports the conclusion that juveniles adjudicated delinquent of committing sex offenses, such as C.K., who have been offense-free for many years and assessed not likely to reoffend, pose little risk to the public,” Albin said.

According to the ruling, C.K. admitted that when he was 15 and living in Bergen County, he sexually assaulted his younger adopted brother. The victim told the police about the incidents when he turned 16, and C.K., when he was 23, was adjudicated delinquent, and in 2003 was sentenced to three years' probation.

C.K. was assessed a low risk to reoffend, but was still required to adhere to the lifetime requirements of community notification and registration, according to the court.

During the ensuing years, C.K. obtained a bachelor's degree in psychology from Catholic University and earned a master's degree in counseling from Montclair State University. He currently works at a counseling center for adults, according to the ruling.

The court noted that it has been 20 years since C.K. committed an offense, and that it has been nearly 15 years since he was adjudicated delinquent.

C.K. petitioned for relief, but a judge said because of the language of the statute, only the Supreme Court could determine whether he could be eligible for relief. That ruling was upheld by the Appellate Division, and the Supreme court agreed to hear the appeal.

Albin said that C.K. soon will be allowed to seek relief.

“At that time, he must be given the opportunity to demonstrate by clear and convincing evidence that he has not reoffended and that he no longer poses a threat to others and therefore has a right to be relieved of his Megan's Law obligations and his status as a sex-offender registrant,” Albin said.

C.K.'s appeal was opposed by the Bergen County Prosecutor's Office, which did not respond to a request for comment. The Attorney General's Office, which participated as amicus, declined to comment.