N.J. Admin. Code § 10A:72-11.2

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

Section 10A:72-11.2 - Global positioning system (GPS) monitoring referral procedure

(a) An offender whose risk of re-offense has been determined to be high pursuant to 2C:7-8 shall be automatically enrolled in the Sex Offender GPS Monitoring Program.

(b) If a parole officer believes that an offender meets the criteria specified in 10A:72-11.1(a)2 and that GPS monitoring is appropriate, the parole officer shall review the offender's case with an Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer for consideration of GPS monitoring.

(c) The Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer shall determine whether the offender's case shall be referred for GPS monitoring.

(d) If the determination is made by the Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer that a GPS monitoring referral is appropriate, the offender's case shall be reviewed by the Director, Division of Parole, or designee, to determine whether a GPS monitoring referral is appropriate.

(e) If the determination is made by the Director, Division of Parole, or designee, that a GPS monitoring referral is appropriate, the offender shall be served in person with written notice of the GPS monitoring referral. The written notice shall include the basis for the GPS monitoring referral and shall be accompanied by a copy of an informational statement regarding the conditions of the Sex Offender GPS Monitoring Program.

(f) The offender shall indicate in writing whether he or she contests the basis supporting the GPS monitoring referral.

(g) If the offender does not contest the basis supporting the GPS monitoring referral, the District Parole Office shall notify the Director, Division of Parole, and the referral shall be forwarded to the Director, Division of Parole.

(h) If the offender contests the basis supporting the GPS monitoring referral and exigent circumstances do not exist as to require immediate GPS monitoring, the following procedures shall apply:

1. The offender shall be advised that he or she will have five business days to submit a written statement or documentation to the District Parole Office before the GPS monitoring referral is forwarded by the District Parole Office to the Director, Division of Parole.

2. The offender shall be advised that if the offender fails to submit a written statement or documentation within five business days, the GPS monitoring referral will be forwarded by the District Parole Office to the Director, Division of Parole, immediately upon the expiration of the five business days.

3. The District Parole Office shall forward a copy of the written notice of the GPS monitoring referral to the Director, Division of Parole. If the offender contests the GPS monitoring referral and has submitted a written statement or documentation to the District Parole Office, a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee shall be forwarded by the District Parole Office to the Director, Division of Parole, for consideration.

4. An offender shall not be precluded from submitting a written statement or documentation to the District Parole Office after the expiration of the five-business-day time period.

5. If the District Parole Office receives a written statement or documentation from an offender after the expiration of the five-business-day time period, the District Parole Office shall forward a copy of the written statement or documentation to the Director, Division of Parole, for consideration.

(i) If the offender contests the basis supporting the GPS monitoring referral and the District Parole Office believes that exigent circumstances do exist as to require immediate GPS monitoring, the following procedures shall apply:

1. The Supervising Parole Officer shall review the offender's case within 24 hours of the determination to immediately forward the GPS monitoring referral to determine whether exigent circumstances do exist as to require immediate forwarding of the GPS monitoring referral and shall verbally advise the District Parole Office of his or her determination. If the Supervising Parole Officer determines that exigent circumstances exist, the District Parole Office shall provide written notice to the offender as to the basis for the determination.

2. If the Supervising Parole Officer determines that exigent circumstances do exist, the GPS monitoring referral shall be forwarded immediately to the Director, Division of Parole.

3. The offender shall be advised that he or she will have five business days to submit a written statement or documentation to be considered.

4. The District Parole Office shall forward a copy of the written notice of the GPS monitoring referral and, if exigent circumstances were found to exist by the Supervising Parole Officer, a copy of the written notice of the basis for the determination of the existence of exigent circumstances to the Director, Division of Parole. If the offender contests the GPS monitoring referral and has submitted a written statement or documentation to the District Parole Office, a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee shall be forwarded by the District Parole Office to the Director, Division of Parole, for consideration.

5. An offender shall not be precluded from submitting a written statement or documentation to the District Parole Office after the expiration of the five-business-day time period.

6. If the District Parole Office receives a written statement or documentation from an offender after the expiration of the five-business-day time period, the District Parole Office shall forward a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee to the Director, Division of Parole, for consideration.

(j) Upon receipt of the written notice of the GPS monitoring referral, the basis for the GPS monitoring referral, the written statement or documentation of the offender and an assessment of the written statement or documentation by the District Parole Supervisor or designee, if submitted, and any attendant documents, the Director, Division of Parole, or designee shall review the offender's case.

(k) Upon review of the offender's case, the Director, Division of Parole, or designee shall forward, within five business days, the written notice of the GPS monitoring referral, the basis for the GPS monitoring referral, the written statement or documentation of the offender and an assessment of the written statement or documentation by the District Parole Supervisor or designee, if submitted, any attendant documents, and his or her recommendation as to the appropriateness of GPS monitoring to the Chairperson of the State Parole Board for review.

N.J. Admin. Code § 10A:72-11.2

Amended by 50 N.J.R. 1154(a), effective 4/16/2018