2C:7-5. Records; Immunity.
5. a. Records
maintained pursuant to P.L.1994, c.133 (C.2C:7-1 et seq.) shall be open
to any law enforcement agency in this State, the United States, or any
other state and may be released to:
(1)the
Division of Child Protection and Permanency in the Department of
Children and Families for use in carrying out its responsibilities under
law; and
(2)the
Department of Human Services and county and municipal welfare agencies
for exclusive use in placing homeless families and persons in emergency
shelters, which include but are not limited to, hotels and motels.
Law
enforcement agencies in this State shall be authorized to release
relevant and necessary information regarding sex offenders to the public
when the release of the information is necessary for public protection
in accordance with the provisions of P.L.1994, c.128 (C.2C:7-6 et seq.).
b.An
elected public official, public employee, or public agency is immune
from civil liability for damages for any discretionary decision to
release relevant and necessary information, unless it is shown that the
official, employee, or agency acted with gross negligence or in bad
faith. The immunity provided under this section applies to the release
of relevant information to other employees or officials or to the
general public.
c.Nothing
in P.L.1994, c.133 shall be deemed to impose any liability upon or to
give rise to a cause of action against any public official, public
employee, or public agency for failing to release information as
authorized in subsection d. of this section.
d.Nothing
in this section shall be construed to prevent law enforcement officers
from notifying members of the public exposed to danger of any persons
that pose a danger under circumstances that are not enumerated in
P.L.1994, c.133.
L.1994, c.133, s.5; amended 2006, c.6; 2006, c.47, s.23; 2012, c.16, s.5; 2013, c.38.
