N.J. Admin. Code § 10:162-3.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:162-3.4 - Forty-eight hour detainment of second offenders who have been in jail or treatment

(a) A person convicted for a second offense pursuant to N.J.S.A. 39:4-50et seq. or N.J.S.A. 12:7-46 or 12:7-34.19et seq. shall be imprisoned at a jail or workhouse or an Intoxicated Driver Resource Center or inpatient program for at least 48 consecutive hours and satisfy the other program requirements. For the duration of the COVID-19 Public Health Emergency and until expiration of this temporary rule modification, the requirement that persons convicted for a second offense be imprisoned for a period of 48 consecutive hours may be satisfied by the individual's completion of an online IDRC program designed for second offenders and approved by the Intoxicated Driving Program. The curriculum must be completed over the course of 48 consecutive hours. In addition, the 48-hour IDRC must ensure that participating clients are detained for 48 consecutive hours in their residence, such as through written client attestation or other forms of monitoring (for example, telephone or electronic check-ins).

(b) A second offender sentenced by a court to imprisonment or inpatient treatment for at least 48 hours, or who is given detention credit for 48 hours of inpatient treatment by a court, shall be scheduled by the Intoxicated Driving Program for a first offender program in his or her county of residence. All other second offenders shall be scheduled for evaluation, education and referral at the 48-hour program as specified in (a) above.

(c) A second offender who voluntarily attends any licensed inpatient treatment facility, whether or not affiliated with an Intoxicated Driver Resource Center, before or after sentencing, but before scheduling at an Intoxicated Driver Resource Center, shall not be given credit for detention unless approval is given by the court.

(d) A person sentenced to a 48-hour Intoxicated Driver Resource Center shall be scheduled there, or if such a facility is not available, referred to an appropriate facility for 48 hours.

N.J. Admin. Code § 10:162-3.4

Modified by Executive Order No. 103(2020) 52 N.J.R. 1313, effective 6/4/2020