if the victim is a minor; kidnapping pursuant to N. of this section or under paragraph (3) of subsection b. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others. A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. (2) The Department of Corrections, the Administrative Office of the Courts, the Juvenile Justice Commission established pursuant to section 2 of P. (3) The Division of Motor Vehicles in the Department of Law and Public Safety shall provide notice of the obligation to register pursuant to this section in connection with each application for a license to operate a motor vehicle and each application for an identification card issued pursuant to section 2 of P. In addition, the Superintendent of State Police shall make such forms available to the Juvenile Justice Commission established pursuant to section 2 of P. The superintendent shall promptly transmit the conviction data and fingerprints to the Federal Bureau of Investigation. The Superintendent of State Police shall maintain a central registry of registrations provided pursuant to this act. Records maintained pursuant to this act shall be open to any law enforcement agency in this State, the United States or any other state. The guidelines shall identify factors relevant to risk of re-offense and shall provide for three levels of notification depending upon the degree of the risk of re- offense. Factors relevant to risk of re-offense shall include, but not be limited to, the following: (1) Conditions of release that minimize risk of re-offense, including but not limited to whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision; (2) Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness; (3) Criminal history factors indicative of high risk of re-offense, including: (a) Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior; (b) Whether the offender served the maximum term; (c) Whether the offender committed the sex offense against a child; (4) Other criminal history factors to be considered in determining risk, including: (a) The relationship between the offender and the victim; (b) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury; (c) The number, date and nature of prior offenses; (5) Whether psychological or psychiatric profiles indicate a risk of recidivism; (6) The offender's response to treatment; (7) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and (8) Recent threats against persons or expressions of intent to commit additional crimes. The regulations shall provide for three levels of notification depending upon the risk of re-offense by the offender as follows: (1) If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified; (2) If risk of re-offense is moderate, organizations in the community including schools, religious and youth organizations shall be notified in accordance with the Attorney General's guidelines, in addition to the notice required by paragraph (1) of this subsection; (3) If risk of re-offense is high, the public shall be notified through means in accordance with the Attorney General's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by paragraphs (1) and (2) of this subsection. In order to promote uniform application of the notification guidelines required by this section, the Attorney General shall develop procedures for evaluation of the risk of re-offense and implementation of community notification.
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