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The state Parole Board has been polygraph testing sex offenders since 2007. The state Supreme Court recently upheld the practice with certain restrictions. (Robert Sciarrino/The Star-Ledger)

TRENTON -- Sex offenders can be subjected to lie detector tests as a condition of parole in New Jersey as long as they are made clearly aware of their rights against self-incrimination, the state's highest court ruled on Monday.

In a unanimous ruling, the New Jersey Supreme Court upheld the practice but called for better regulations to make sure the state Parole Board, which administers the polygraph tests, isn't violating parolees' rights under the Fifth Amendment.

Under state law, sex offenders sentenced to lifetime monitoring can be subjected to the examinations, which are used to help parole officers determine whether the offenders are adhering to treatment plans and the terms of their parole.

Five convicted sex offenders challenged the use of polygraph tests, arguing the tests amounted to coerced interrogations and pointing to research questioning their scientific validity.

Writing for the court, Justice Faustino Fernandez-Vina said the state's interest in making sure sex offenders are adhering to the conditions of treatment and parole "outweighs the parolees' limited right to privacy."

The justice also noted that a polygraph test alone can't be the basis of a criminal charge.

However, the court ordered the Parole Board to revise regulations to explicitly state that offenders can invoke their Fifth Amendment rights without repercussions if the answer to a particular question could spark another criminal investigation.

The Fifth Amendment to the U.S. Constitution gives any citizen the right to refuse to testify against his- or herself.

A representative of the Parole Board did not respond to a message seeking comment.

Michael Woyce, an attorney who represented the sex offenders, who were identified only by their initials in court documents, said he was pleased the court recognized Fifth Amendment concerns regardless of the underlying charges.

"(The Fifth Amendment) is a protection we all have," he said. "I think what the court is saying is that just because you've been convicted once, you don't lose that protection."

S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.