International Transfer of PSL

by | Nov 6, 2017 | Uncategorized

The Court held that it was error not to consider if appropriate supervision of J.S. could continue. In Sanchez v. N.J. State Parole Bd. (2006), we reversed a decision by the Parole Board denying petitioner’s request to live in New York State. New York declined the Board’s request to accept supervision of petitioner because of our Board’s limitation in enforcement if the petitioner violated conditions of his release or supervision. In reversing the Board, we held that if the petitioner has “good cause” to move to another state and that state will not accept supervision, this was “an insufficient reason for keeping a CSL defendant here. The spirit of the original Megan’s Law is best served by interpreting it to permit CSL defendants who otherwise qualify for residence in another state under the then current parole transfer rules to live in that state even if that state declines supervision.” We held that “the Parole Board may make the change in residence subject to conditions appropriate to protect the public and foster rehabilitation.”

It may be that there are adequate procedures to supervise J.S. consistent with his level of risk and the way he is currently supervised, but the record is devoid of any information about his level of supervision or how that may or may not be able to continue because the Board simply assumed his petition was one for termination and not for permission to transfer residence and supervision. The Board can impose conditions appropriate for the protection of the public and for rehabilitation. It certainly had the ability to require J.S. to suggest appropriate conditions. However, on this record, the Board did not undertake an informed consideration of any conditions that might be appropriate before denying J.S.’s application. We deem arbitrary the Board’s decision to reject summarily J.S.’s request by treating it as an application to terminate CSL without considering the merits of his application.

It is hard to believe that the Board’s being unaware of the relief that J.S. was seeking was the reason that they did not address it. Given that this is a published Appellate Division case, it is more likely that our courts had not yet spoken on the issue and it was just easier for the Board to treat the issue as though it were a familiar one, i.e. whether supervision should be terminated. Judge Suter authored the appellate panel’s decision.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
We retained Fred to represent our daughter. He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
Sherry F
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
Warren C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G