N.J. Stat. » Title 2C — THE NEW JERSEY CODE OF CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2C:47-3 (2026)

Disposition

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2C:47-3. Disposition.

a. If the report of the examination reveals that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and further reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the court shall determine whether the offender's conduct was so characterized and whether the offender is amenable to sex offender treatment and is willing to participate in such treatment and shall record its findings on the judgment of conviction.

b. If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the court shall, upon the recommendation of the Department of Corrections, sentence the offender to a term of incarceration to be served in the custody of the commissioner at the Adult Diagnostic and Treatment Center for sex offender treatment as provided in subsection h. of this section, or place the offender on probation with the requirement, as a condition of probation, that he receive outpatient psychological or psychiatric treatment as prescribed.

c. A sentence of incarceration or probation imposed pursuant to subsection b. or f. of this section shall be set in accordance with chapters 43, 44 and 45 of this Title.

d. The court shall impose sentence in accordance with chapters 43, 44 and 45 of this Title and not as provided in subsection b. of this section if it shall appear from the report of the examination made of the offender pursuant to section N.J.S.2C:47-1 that the offender's conduct was not characterized by a pattern of repetitive, compulsive behavior or that the offender is not amenable to sex offender treatment. Notwithstanding the provisions of R.S.30:4-140 or R.S.30:4-92 or any other law, a sentence imposed pursuant to this subsection on an offender who is not amenable to sex offender treatment shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments.

e. (Deleted by amendment, P.L.1998, c.72).

f. If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is amenable to sex offender treatment, but that the offender is not willing to participate in such treatment, the court shall sentence the offender to a term of incarceration to be served in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2). The offender shall become primarily eligible for parole in accordance with the provisions of N.J.S.2C:47-5; provided, however, no offender shall become primarily eligible for parole prior to the expiration of any judicial or statutory mandatory minimum term. An offender who meets the criteria of this subsection may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center. Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination. If, upon the completion of a psychological examination, the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner may order the offender to be transferred to the Adult Diagnostic and Treatment Center.

g. Notwithstanding the provisions of R.S.30:4-140 or R.S.30:4-92 or any other law, a sentence imposed pursuant to subsection f. of this section shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is confined in a facility other than the Adult Diagnostic and Treatment Center; provided, however, if the offender is at any time transferred to the Adult Diagnostic and Treatment Center pursuant to subsection f. of this section, the sentence imposed on the offender shall be reduced by commutation time for good behavior and credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is incarcerated at the Adult Diagnostic and Treatment Center following the date of such transfer.

h. An offender sentenced to a term of incarceration pursuant to subsection b. of this section shall be confined as follows:

(1) If the court imposes a sentence of seven years or less, the Department of Corrections shall confine the offender to the Adult Diagnostic and Treatment Center as soon as practicable after the date of sentence.

(2) If the court imposes a sentence of more than seven years, the Department of Corrections shall confine the offender in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2). At least 30 days prior to the date which precedes the expiration date of the offender's sentence by five years, including any reductions for commutation time for good behavior and credits for diligent application to work and other institutional assignments, the Department of Corrections shall complete a psychological examination of the offender to determine the offender's amenability to sex offender treatment and willingness to participate in such treatment; provided, however, no such examination shall be required if less than two years has elapsed since the Department of Corrections completed a psychological examination pursuant to N.J.S.2C:47-1. If the report of the examination reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the offender shall be transferred to the Adult Diagnostic and Treatment Center as soon as practicable. If the report of the examination reveals that the offender is not amenable to sex offender treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center. If the report of the examination reveals that the offender is amenable to sex offender treatment but is not willing to participate in such treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center. An offender may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center. Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination. If, upon the completion of a psychological examination, the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner shall order the offender to be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.

(3) If a sentence is imposed pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) or if any other judicial or statutory mandatory minimum term of more than seven years is imposed, the offender shall be confined in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2). At least 30 days prior to the date which precedes the expiration date of the mandatory minimum term by five years, the Department of Corrections shall complete a psychological examination of the offender to determine the offender's amenability to sex offender treatment and willingness to participate in such treatment; provided, however, no such examination shall be required if less than two years has elapsed since the Department of Corrections completed a psychological examination pursuant to N.J.S.2C:47-1. If the report of the examination reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the offender shall be transferred to the Adult Diagnostic and Treatment Center as soon as practicable. If the report of the examination reveals that the offender is not amenable to sex offender treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center. If the report of the examination reveals that the offender is amenable to sex offender treatment, but is not willing to participate in such treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center. An offender may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center. Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination. If upon completion of a psychological examination the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner shall order the offender to be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.

i. Notwithstanding the provisions of R.S. 30:4-140 or R.S. 30:4-92 or any other law, a sentence imposed pursuant to subsection b. of this section shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments for any year or fractional part of a year from the date the Department of Corrections determines, as a result of a psychological evaluation conducted pursuant to paragraph (2) or (3) of subsection h. of this section, that the offender is not amenable to sex offender treatment or not willing to participate in such treatment; provided, however, if the offender is subsequently determined by the Department of Corrections to be amenable to sex offender treatment and willing to participate in such treatment and is transferred to the Adult Diagnostic and Treatment Center, the sentence imposed on the offender shall be reduced by commutation time for good behavior and credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is incarcerated at the Adult Diagnostic and Treatment Center following the date of such transfer.

j. An offender who is sentenced to a term of life imprisonment without eligibility for parole shall not be confined in the Adult Diagnostic and Treatment Center but shall be confined in a facility designated by the commissioner pursuant to section 2 of P.L. 1969, c.22 (C.30:4-91.2).

k. The commissioner shall be required to provide for the treatment of a sex offender sentenced pursuant to N.J.S.2C:47-1 et seq. only when the offender is incarcerated in the Adult Diagnostic and Treatment Center. This requirement shall not apply when the offender is incarcerated in another facility.

Notes of Decisions
Cited in 23 cases (8 in the last 5 years), 1981–2026 · leading case: In the Matter of Registrant D.F.S., 141 A.3d 324 (N.J. Super. Ct. App. Div. 2016).
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In the Matter of Registrant D.F.S., 141 A.3d 324 (N.J. Super. Ct. App. Div. 2016). · cites it 7× “1 See N.J.S.A. 2C:47-3. The pertinent provision states: Notwithstanding the provisions of paragraph d.”
L.A. ex rel. Z.Kh. v. Hoffman, 144 F. Supp. 3d 649 (D.N.J. 2015). “It necessarily follows that, under the facts alleged, the Due Process Clause requires that the State prove Plaintiffs’ compulsivity and repetitiveness by clear and convincing evidence.”
William Conover v. Meril Main, 601 F. App'x 112 (3d Cir. 2015). “” N.J.S.A. 2C:47-3(a) (1979). Based on a court-ordered psychological evaluation, however, the trial judge determined Conover failed to meet the statutory criteria for incarceration at the ADTC and instead sentenced him to a 24-year prison term, during which he neither requested…”
State v. Johnson, 439 A.2d 614 (N.J. Super. Ct. App. Div. 1981). “N.J.S.A.2C:47-3 b. This means that in a proper case he can receive a mandatory minimum sentence (N.”
Lewis v. Dep't of Corr., 839 A.2d 933 (N.J. Super. Ct. App. Div. 2004). “Appellant makes this contention with respect to the denial of his commutation credits: Appellant contends that, despite his plea of not guilty and his denial of committing the crimes, he was sentenced to Avenel for specialized treatment by the Superior Court of New Jersey,…”
In the Matter of Registrant R.S., 317 A.3d 463 (N.J. 2024). · cites it 20× “)(2) entitled to an evidentiary hearing to challenge the State’s proofs that the registrant’s conduct established a pattern of compulsiveness and repetitiveness; and (2) whether, to establish that the registrant’s conduct constituted a pattern of compulsiveness and…”
Prevard v. Fauver, 47 F. Supp. 2d 539 (D.N.J. 1999). “164-3 and N.J.S.A. 2C:47-3. However, all persons, such as the present plaintiffs, sentenced as repetitive and compulsive sex offenders pursuant to the former 2A: 164-3 received indeterminate terms of confinement in an Adult Diagnostic and Treatment Center (“ADTC”) and are not…”
In the Matter of Registrant R.S. (ml-18-12-0009, Middlesex Cnty. & Statewide) (record Impounded), No. A-0627-19 (N.J. Super. Ct. App. Div. Aug. 12, 2021). · cites it 9× “N.J.S.A. 2C:47-3 allows courts to sentence certain sex offenders to serve their terms of incarceration at the ADTC when the court finds, based on the results of a psychological examination, "that the offender's conduct was characterized by a pattern of repetitive, compulsive…”
G.R. v. Grewal, No. 2:19-cv-08649 (D.N.J. Nov. 30, 2020). · cites it 2× “Moreover, if an offender’s conduct is “characterized by a pattern of repetitive, compulsive behavior,” the sentencing court “shall record [such] findings on the judgment of conviction” pursuant to N.J.S.A. 2C:47-3(a) (“compulsivity finding”).”
State of New Jersey v. C.L., No. A-0917-23 (N.J. Super. Ct. App. Div. Apr. 15, 2025). · cites it 2× “The court did not represent to defendant he would serve only a ten-year custodial term but, instead, was merely addressing the application of N.J.S.A. 2C:47-3(h)(2).4 Further, it would have been irrational for defendant to have rejected the plea.”
W.B. v. New Jersey Dep't of Corr., 84 A.3d 285 (N.J. Super. Ct. App. Div. 2014). · cites it 2× “The program created by the legislature permits the confinement of an offender at the ADTC only if specific criteria are met: (1) the offender must be convicted of one of the SOA's enumerated offenses; (2) there must be a finding, following a psychological examination, that "the…”
Nanticoke Lenni-lenape Tribal Nation v. John J. Hoffman, No. A-2756-15T1 (N.J. Super. Ct. App. Div. July 10, 2017). “The evaluator concluded that, pursuant to the New Jersey Sex Offender Act, N.J.S.A. 2C:47-3, defendant was eligible to be sentenced to the ADTC for specialized sex offender therapy.”
Show all 23 citing cases →
N.J. Stat. § 2C:47-3(a): 8 cases
William Conover v. Meril Main, 601 F. App'x 112 (3d Cir. 2015). “” N.J.S.A. 2C:47-3(a) (1979). Based on a court-ordered psychological evaluation, however, the trial judge determined Conover failed to meet the statutory criteria for incarceration at the ADTC and instead sentenced him to a 24-year prison term, during which he neither requested…”
In the Matter of Registrant D.F.S., 141 A.3d 324 (N.J. Super. Ct. App. Div. 2016). “1 See N.J.S.A. 2C:47-3. The pertinent provision states: Notwithstanding the provisions of paragraph d.”
G.R. v. Grewal, No. 2:19-cv-08649 (D.N.J. Nov. 30, 2020). “Moreover, if an offender’s conduct is “characterized by a pattern of repetitive, compulsive behavior,” the sentencing court “shall record [such] findings on the judgment of conviction” pursuant to N.J.S.A. 2C:47-3(a) (“compulsivity finding”).”
In the Matter of the Civil Commitment of J.s., Svp-24-99 (essex Cnty. & Statewide)(record Impounded), No. A-3665-14T5 (N.J. Super. Ct. App. Div. Aug. 27, 2018).
State of New Jersey Vs. T.J.W. (13-08-0798, Gloucester Cnty. & Statewide) (record Impounded), No. A-2380-17T4 (N.J. Super. Ct. App. Div. Mar. 17, 2020).
N.J. Stat. § 2C:47-3(b): 2 cases
State of New Jersey Vs. Blake G. Tannen (16-06-0718, Bergen Cnty. & Statewide) (record Impounded), No. A-1447-19T1 (N.J. Super. Ct. App. Div. June 29, 2020).
In the Matter of Registrant R.S., 317 A.3d 463 (N.J. 2024). “)(2) entitled to an evidentiary hearing to challenge the State’s proofs that the registrant’s conduct established a pattern of compulsiveness and repetitiveness; and (2) whether, to establish that the registrant’s conduct constituted a pattern of compulsiveness and…”
N.J. Stat. § 2C:47-3(f): 1 case
State of New Jersey Vs. Shane Simpson (10-12-2352, Monmouth Cnty. & Statewide) (record Impounded), No. A-3635-15T3 (N.J. Super. Ct. App. Div. July 26, 2018).
N.J. Stat. § 2C:47-3(h): 2 cases
State of New Jersey Vs. P.m.b.(10-04-0183, Salem Cnty. & Statewide)(record Impounded), No. A-0273-15T2 (N.J. Super. Ct. App. Div. Sept. 27, 2017).
W.B. v. New Jersey Dep't of Corr., 84 A.3d 285 (N.J. Super. Ct. App. Div. 2014). “The program created by the legislature permits the confinement of an offender at the ADTC only if specific criteria are met: (1) the offender must be convicted of one of the SOA's enumerated offenses; (2) there must be a finding, following a psychological examination, that "the…”
N.J. Stat. § 2C:47-3(h)(2): 1 case
State of New Jersey v. C.L., No. A-0917-23 (N.J. Super. Ct. App. Div. Apr. 15, 2025). “The court did not represent to defendant he would serve only a ten-year custodial term but, instead, was merely addressing the application of N.J.S.A. 2C:47-3(h)(2).4 Further, it would have been irrational for defendant to have rejected the plea.”
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