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The panel held that the regulation “is remedial in purpose and effect, not punitive” and that “[i]t is aimed at protecting the public from sex offenders, fostering rehabilitation, and reducing the likelihood of recidivism.” Id.

The court also imposed a three-year period of mandatory parole supervision, to begin after J. is subject to the registration and notification requirements of Megan's Law, N. Porrino, Attorney General of New Jersey, attorney, Ms. Josephson, Deputy Attorney General, on the letter briefs). Duddy, Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender (Joseph E. Puglisi, Assistant Attorney General, argued the cause for respondent (Christopher S. Chen argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Rutgers Constitutional Rights Clinic Center for Law & Justice and Edward L. As a result, the parole authorities completely banned J. I.'s thirteen months of good behavior, cannot be easily justified, particularly given the availability of less restrictive options, including software monitoring devices and unannounced inspections of J. The Board must determine whether the current total computer and Internet ban imposed on J. serves any public-safety, rehabilitative, or other penological goal. I.'s possession “ ‘barely legal’ DVDs and a book of ‘artistic’ photos of pre-teen and minor females in the nude.”J. was not charged with a criminal offense or parole violation, but his sex-offender treatment provider indicated that the possession of such material was “not conducive to [J. In October 2010, the parole authorities arrested J. for possessing a mobile phone with Internet capability and for using it “regularly in that capacity.” In March 2011, a panel of the Parole Board found that J. had violated the conditions of his supervised release by having “an Internet capable device in his possession” and by his earlier “accessing pornography and images of nude children.” In June 2011, J. returned to confinement at the ADTC, where he remained until his release sixteen months later.




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