N.J. Admin. Code § 10A:72-14.1

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

Section 10A:72-14.1 - Criteria

(a) This subchapter applies to the imposition of a special condition prohibiting an offender access to the Internet (Internet access condition) in the cases of offenders serving a special sentence of community or parole supervision for life.

(b) The District Parole Supervisor or designee may impose a special condition prohibiting an offender from accessing the Internet if:

1. There is a specific and articulable reason and a clear purpose for the imposition of the Internet access condition; and

2. The imposition of the Internet access condition will act as an aid to the offender's re-entry effort, will promote the rehabilitation of the offender, is deemed necessary to protect the public, or will reduce recidivism by the offender.

(c) The Internet access condition shall include, but not be limited to, the following:

1. The offender is to refrain from the possession and/or utilization of any computer and/or device that permits access to the Internet unless specifically authorized by the District Parole Supervisor or designee. If the District Parole Supervisor or designee permits use of a computer and/or device that is capable of accessing the Internet, the offender shall be subject to the following restrictions and conditions:

i. The offender is to refrain from accessing the Internet from any computer and/or device at any time or for any reason unless authorized by the District Parole Supervisor or designee;

ii. The offender is prohibited from possessing or using any data encryption techniques and/or software programs that conceal, mask, alter, eliminate, and/or destroy information, and/or data from a computer and/or device;

iii. The offender agrees to install on the computer and/or device, at his or her expense, one or more hardware or software system(s) to monitor computer and/or device use if such hardware or software system(s) is(are) determined to be necessary by the District Parole Supervisor or designee;

iv. The offender agrees to permit the monitoring of the computer and/or device activity by a parole officer and/or computer/device specialist through the use of electronic means;

v. The offender is subject to periodic unannounced examinations of the computer and/or device by a parole officer or designated computer/device specialist, including the retrieval and copying of all data from the computer and/or device and any internal or external peripherals and removal of such equipment to conduct a more thorough inspection; and

vi. The offender is to disclose all usernames and passwords used by him or her to access any computer/device, e-mail address, and approved social networking service or chat room, as well as any other username(s) and password(s) used by him or her to access any data, information, image, program, signal, or file on the computer/device deemed necessary by a parole officer to ensure compliance with the conditions of supervision.

N.J. Admin. Code § 10A:72-14.1

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