SUPERIOR COURT — A former Newton police officer accused of sexually assaulting a 16-year-old in a fast-food restaurant bathroom is expected to be released from custody.

SUPERIOR COURT — A former Newton police officer accused of sexually assaulting a 16-year-old in a fast-food restaurant bathroom is expected to be released from custody.

On Tuesday, a judge said he could not stop the release of Jason Miller after Miller's family worked with a bail bonds company to put up his $150,000 bail.

Miller, 40, is charged with second-degree sexual assault, second-degree endangering the welfare of a child and third-degree endangering the welfare of a child.

As conditions of Miller's release, he had to sign a waiver of extradition, surrender his passport, comply with a sexual offender restraining order and have no contact with the victim.

Miller is also barred from leaving the state, will have to report to probation twice per week and be subject to urine monitoring and comply with any family court or Division of Child Protection and Permanency conditions.

According to the New Jersey State Police, troopers from the Sussex station responded to the Burger King on Route 206 in Hampton at about 6:15 p.m. on Dec. 15 for a report of a sexual assault.

Through the investigation, troopers identified and arrested Miller as the suspect.

According to the affidavit of probable cause for Miller's arrest, a 16-year-old male told troopers that he was using the bathroom at the restaurant when Miller entered the bathroom and sexually assaulted him, forcing him to perform a sexual act.

Miller denied the allegations, but said he and the juvenile were in the bathroom at the same time and that the juvenile approached him, offering to perform a sexual act, the affidavit said.

The second charge of endangering the welfare of a child stems from Miller leaving a 3-year-old child unattended in the lobby of the restaurant while he was in the bathroom for “one to two minutes,” the affidavit says.

In 2015, Miller was forced to forfeit his job as a Newton police officer — a position he had held since 2001— after he admitted that while on duty, he turned off the video and/or audio equipment in his patrol car to conceal unprofessional and inappropriate conduct. According to an affidavit for his 2014 arrest, Miller was caught on video exposing himself to at least five motorists before letting them leave without issuing traffic summonses.

Miller was originally charged with two counts of second-degree official misconduct, one count of third-degree pattern of official misconduct and a disorderly persons offense of lewdness.

The charges were dropped as part of the plea agreement.