N.J. Admin. Code § 10A:72-3.6

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

Section 10A:72-3.6 - Polygraph examination disclosure form

(a) The polygraph examiner, during the pre-examination interview, shall provide the offender with a polygraph examination disclosure form.

(b) The disclosure form shall include, but not be limited to:

1. Notice to the offender regarding the scope of the examination;

2. The consequences for failure to fully participate and cooperate with the examination;

3. The consequences of the offender voluntarily providing identifying information regarding unreported victim(s) or crime(s);

4. The offender's right to remain silent as it relates to divulging identifying information of any unreported victim(s) or crime(s);

5. That the valid exercise of the right to remain silent does not constitute failure to fully participate and/or cooperate with the examination;

i. An offender validly invokes the right to remain silent, without consequence, if the answer to any question asked throughout any portion of the polygraph examination process as defined in N.J.A.C. 10A:72-3.7(a) could form the basis of an independent criminal investigation.

6. That the results of the pre-examination interview and post-examination interview and the machine-generated results of the polygraph examination may be used for therapeutic treatment purposes;

7. That the machine-generated results of the polygraph examination shall not be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions;

8. That the results of the pre-examination interview and post-examination interview may be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions; and

9. That the machine-generated results of the polygraph examination shall not be used as evidence in court to prove that a violation of the special sentence of community or parole supervision for life or condition of discharge has occurred.

N.J. Admin. Code § 10A:72-3.6

Amended by 48 N.J.R. 2612(b), effective 12/5/2016

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