N.J. Admin. Code § 10A:72-3.7

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

Section 10A:72-3.7 - Polygraph examination procedure

(a) The polygraph examination process shall consist of a pre-examination interview, polygraph examination and post-examination interview.

(b) The polygraph examination process shall be videotaped and/or electronically recorded.

(c) The polygraph examiner shall perform a functionality or calibration test on the polygraph instrument consistent with manufacturer recommendations.

(d) During the polygraph examination process, the polygraph examiner shall comply with the procedures of the Division of Parole regarding an offender's right to remain silent as it relates to divulging identifying information of any unreported victim(s) or crime(s).

(e) The only persons authorized to be present during the polygraph examination process shall be the polygraph examiner(s), the offender, an interpreter (if deemed necessary by the polygraph examiner) and any other person deemed necessary by the examiner. The offender is not entitled to have an attorney or a personal representative present.

(f) The pre-examination interview shall consist of the following:

1. The polygraph examiner shall provide the offender with the polygraph examination disclosure form. The offender shall be directed to read the disclosure form and sign the form acknowledging a full understanding of the examination and its uses.

2. If the offender is unable to read or understand the disclosure form, then the polygraph examiner shall read the form to the offender and answer any questions that the offender has regarding the examination. Upon reading the form to the offender and answering any questions, the offender shall be requested to sign the form acknowledging a full understanding of the examination and its uses. If, after further explanation by the polygraph examiner, the offender continues to indicate that he or she does not understand the nature and purpose of the polygraph examination or if the offender refuses to fully cooperate or participate in the examination, then the polygraph examiner shall review the matter with the District Parole Supervisor to determine if the polygraph examination should proceed.

3. If the offender refuses to sign the disclosure form, the polygraph examiner shall note the offender's refusal at the bottom of the form. In addition, the polygraph examiner shall record in writing the basis for the offender's refusal to sign the disclosure form.

4. The polygraph examiner shall specifically inquire of the offender whether the offender is currently receiving or has in the past received medical, psychological or psychiatric treatment or consultation. If a polygraph examiner has a reasonable doubt concerning the ability of an offender to safely undergo an examination, a release from the offender and treating physician or advanced practice nurse is required.

5. The polygraph examiner shall discuss in detail with the offender the subject matter of the examination, each issue to be tested, a complete explanation of the instrumentation being utilized and a discussion regarding the natural anxiety that is normal, expected and compensated for during a polygraph examination.

6. The polygraph examiner, based upon the discussion with the offender, may elect to administer a periodic maintenance examination, in lieu of a scheduled instant offense examination.

7. The polygraph examiner shall develop questions to be presented during the polygraph examination.

(g) The polygraph examination shall consist of the polygraph examiner soliciting responses from the offender to the examination questions developed during the pre-examination interview.

(h) The post-examination interview shall consist of the following:

1. The polygraph examiner shall immediately analyze the charts reflecting the physiological responses generated during the polygraph examination.

2. The polygraph examiner shall review the test results with the offender, advise the offender of any significant, deceptive or inconclusive response to a polygraph examination question and provide the offender the opportunity to explain or resolve any significant, deceptive or inconclusive response.

3. The offender shall be required to remain in the designated polygraph examination location until the polygraph examiner elects to terminate the polygraph examination process.

N.J. Admin. Code § 10A:72-3.7