N.J. Admin. Code § 10A:71-7.19A

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-7.19A - Adult Diagnostic and Treatment Center examination for sex offenders; place of confinement; future parole eligibility

(a) This section applies to offenders who were sentenced to confinement in the Adult Diagnostic and Treatment Center under N.J.S.A. 2C:47-1et seq. for an offense committed on or after December 1, 1998; who were paroled under the provisions of N.J.S.A. 2C:47-5(a); and who violate parole.

(b) If the adult Board panel has revoked parole, a request for a complete psychological examination, containing a copy of the hearing summary of the revocation hearing and the adult Board panel's Notice of Decision, shall be forwarded to the chief executive officer of the Adult Diagnostic and Treatment Center.

(c) The adult Board panel, in cooperation with the chief executive officer of the Adult Diagnostic and Treatment Center, shall schedule such examination and forward written notice of the date, time and place of such examination to the inmate and the inmate's attorney and to the chief executive officer of the institution in which the inmate is confined.

(d) Such examination shall be for the purpose of determining whether the violation(s) of the parole conditions reflects emotional or behavioral problems as a sex offender that cause the offender to be incapable of making any acceptable social adjustment in the community and, if so, to determine further the inmate's amenability to sex offender treatment and, if amenable, the inmate's willingness to participate in such treatment.

(e) No more than 30 days after the date of the examination, the chief executive officer of the Adult Diagnostic and Treatment Center shall forward a written report of the results of the examination to the adult Board panel.

(f) The adult Board panel shall forward a copy of such report to the inmate's attorney, or directly to the inmate where he or she has appeared pro se, provided said report is not classified as confidential by the rules of the Department, in order that the inmate or his or her attorney may object or comment on the report by submitting written exceptions. Such exceptions shall be forwarded to the adult Board panel within a reasonable period of time after the receipt of the report.

(g) Upon review of the report of the examination conducted pursuant to (b), (c) and (d) above and any exceptions to the report submitted by the inmate or the inmate's attorney, the adult Board panel shall determine whether to affirm the revocation of the inmate's parole. The inmate shall be notified in writing of the decision of the adult Board panel. Such notice shall also inform the inmate whether future parole eligibility will be pursuant to N.J.S.A. 2C:47-5(a) or N.J.S.A. 30:4-123.45et seq. and any future parole eligibility date established pursuant to (h) below.

(h) The adult Board panel shall establish a future parole eligibility date pursuant to N.J.A.C. 10A:71-7.17if the adult Board panel affirms the revocation of parole and if the report of the examination conducted pursuant to (b), (c), and (d) above reveals that the inmate's violation(s) of the parole conditions:

1. Does not reflect emotional or behavioral problems as a sex offender; or

2. Reflects emotional or behavioral problems as a sex offender that cause the inmate to be incapable of making any acceptable social adjustment in the community and further reveals that the inmate is not amenable to sex offender treatment.

(i) The offender shall be confined in the Adult Diagnostic and Treatment Center if the report of the examination conducted pursuant to (b), (c) and (d) above reveals that the inmate's violation(s) of the parole conditions reflects emotional or behavioral problems as a sex offender that cause the inmate to be incapable of making any acceptable social adjustment in the community and further reveals that the inmate is amenable to sex offender treatment and is willing to participate in such treatment. The inmate shall be eligible for parole pursuant to the provisions of N.J.S.A. 2C:47-5(a).

(j) The inmate shall be confined in a facility designated by the Commissioner pursuant to N.J.S.A. 30:4-91.2if the report of the examination conducted pursuant to (b), (c) and (d) above reveals that the inmate's violation(s) of the parole conditions reflects emotional or behavioral problems as a sex offender that cause the inmate to be incapable of making any acceptable social adjustment in the community and further reveals that the inmate is amenable to sex offender treatment, but is not willing to participate in such treatment. The inmate shall be eligible for parole pursuant to the provisions of N.J.S.A. 2C:47-5(a).

(k) The inmate shall be confined in a facility designated by the Commissioner pursuant to N.J.S.A. 30:4-91.2if the report of the examination conducted pursuant to (b), (c) and (d) above reveals that the inmate's violation(s) of the parole conditions:

1. Does not reflect emotional or behavioral problems as a sex offender; or

(l) An inmate confined pursuant to (k)1 or 2 above shall be eligible for parole pursuant to the provisions of N.J.S.A. 30:4-123.45et seq. However, a parole eligibility date established pursuant to N.J.A.C. 10A:71-7.17 or a future parole eligibility date established pursuant to N.J.A.C. 10A:71-3.21shall not be reduced by commutation time for good behavior pursuant to N.J.S.A. 30:4140 or credits for diligent application to work and other institutional assignments pursuant to N.J.S.A. 30:4-92.

(m) If an inmate is confined pursuant to (j) or (k)2 above, the inmate may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center. Within 90 days after receiving a request for transfer, the Department shall conduct a psychological examination. If, upon the completion of a psychological examination, the Department determines that the inmate is amenable to sex offender treatment and is willing to participate in such treatment, the Commissioner shall order the inmate to be transferred to the Adult Diagnostic and Treatment Center as soon as practicable. Upon being transferred to the Adult Diagnostic and Treatment Center, the inmate shall be eligible for parole pursuant to N.J.S.A. 2C:47-5(a).

(n) The provisions of this section shall apply to an inmate who was confined pursuant to (k)1 or 2 above; who was subsequently paroled pursuant to N.J.S.A. 30:4-123.45et seq., and who, thereafter, violates parole.

N.J. Admin. Code § 10A:71-7.19A

New Rule, R.1999 d.189, effective 6/7/1999.
See: 31 N.J.R. 710(a), 31 N.J.R. 1490(a).
Recodified from N.J.A.C. 10A:71-7.18A by R.1999 d.252, effective 8/2/1999.
See: 31 N.J.R. 1140(a), 31 N.J.R. 2218(a).
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 N.J.R. 359(a), 34 N.J.R. 1918(b).
In (h), amended the N.J.A.C. reference.
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In ( l), updated the first N.J.A.C. reference.

Amended by 53 N.J.R. 1383(b), effective 8/16/2021