N.J. Admin. Code § 10A:71-6.11

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:71-6.11 - Community supervision for life

(a) Pursuant to N.J.S.A. 2C:43-6.4(a), any enumerated offense committed prior to January 14, 2004, a court imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to N.J.S.A. 2C:13-1(c)2, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to N.J.S.A. 2C:24-4(a), luring or an attempt to commit any such offense shall include, in addition to any sentence authorized by the Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., a special sentence of community supervision for life.

(b) The special sentence of community supervision for life shall commence pursuant to N.J.S.A. 2C:43-6.4.b upon the completion of the sentence imposed pursuant to the Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq. An offender serving a special sentence of community supervision for life shall be supervised by the Division of Parole as if on parole and subject to any special conditions established by the appropriate Board panel and to the following general conditions. The offender shall:

1. Obey all laws and ordinances;

2. Report to the assigned parole officer as instructed;

3. Notify the assigned parole officer no later than the next business day after any contact (verbal, physical, written, or electronic) with a law enforcement agency, after any arrest, or after being served with, or receiving, a complaint or summons;

4. Report in person to the assigned parole officer no later than the next business day after accepting any pre-trial release, including bail, or after being released from a county or State correctional facility;

5. Notify the assigned parole officer no later than the next business day upon the issuance by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, 2C:12-10.2, or the provisions of similar Federal or state statutes, of an order granting emergency relief, a temporary or final restraining or protective order, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation;

6. Comply with any condition established within an order granting emergency relief, a temporary or final restraining or protective order, issued by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, 2C:12-10.2, or the provisions of similar Federal or state statutes, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation, until the order is dissolved by the appropriate court or until a condition is modified or discharged by the appropriate court;

7. Refrain from behavior that results in the issuance of a final restraining or protective order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, or the provisions of similar Federal or state statutes;

8. Reside at a residence approved by the assigned parole officer. Absence from the approved residence overnight without the approval of the assigned parole officer shall constitute a failure to reside at the approved residence;

9. Obtain the permission of the assigned parole officer prior to any change of residence. Absence from the approved residence for 24 hours or more without the approval of the assigned parole officer shall constitute a change of residence for the purpose of this condition;

10. Obtain permission prior to leaving the state of the approved residence for any purpose. If leaving the state for a period of less than 24 hours, verbal permission by the assigned parole officer shall be required. If leaving the state for a period of greater than 24 hours, written permission by the Supervising Parole Officer, District Parole Supervisor, or designated representative shall be required;

11. Refrain from owning or possessing any:

i. Firearm as defined at N.J.S.A. 2C:39-1.f for any purpose, whether or not the firearm is operational;

ii. Imitation firearm as defined at N.J.S.A. 2C:39-1.v for any purpose; or

iii. Firearm ammunition;

12. Refrain from owning or possessing any weapon enumerated in N.J.S.A. 2C:39-1r;

13. Refrain from the unlawful purchase, use, possession, distribution, or administration of the following, which shall not apply to a controlled dangerous substance prescribed by a physician:

i. Any narcotic drug, controlled dangerous substance, or controlled substance analog as defined at N.J.S.A. 2C:35-2 or imitation controlled dangerous substance or imitation controlled dangerous substance analog as defined at N.J.S.A. 2C:35-11, other than possession of marijuana or hashish in violation of N.J.S.A. 2C:35-10.a(3) and distribution of marijuana or hashish in violation of N.J.S.A. 2C:35-5.b(12); or

ii. Any paraphernalia as defined at N.J.S.A. 2C:36-1 related to such substances, other than if used, or intended to be used, for marijuana or hashish.

14. Cooperate in any medical and/or psychological examination or test as directed by the assigned parole officer;

15. Participate in and successfully complete an appropriate community or residential counseling or treatment program as directed by the assigned parole officer;

16. Submit to drug or alcohol testing at any time as directed by the assigned parole officer;

17. Obtain the permission of the assigned parole officer prior to securing, accepting or engaging in any employment, business or volunteer activity and prior to a change of employment;

18. Notify the assigned parole officer no later than the next business day of any change in employment status;

19. Refrain from any contact directly or through a third party by any means including, but not limited to, verbal, physical, written, or electronic, with the victim(s) of the offense unless contact is authorized by a Board panel or contact is authorized by the appropriate court;

20. Comply with any curfew established by the assigned parole officer;

21. Refrain from any contact (verbal, physical, written, or electronic) with any group, club, association, or organization that engages in, promotes, or encourages illegal or sexually deviant behavior;

22. Submit to a search conducted by a parole officer, without a warrant, of the offender's person, place of residence, vehicle, or other real or personal property within the offender's control at any time a parole officer has a reasonable, articulable basis to believe that the search will produce contraband or evidence that a condition of supervision has been violated, is being violated, or is about to be violated and permit the confiscation of any contraband;

23. Pursuant to N.J.S.A. 30:4-123.88, the State Parole Board, on at least an annual basis, may administer a polygraph examination to all offenders serving a special sentence of community supervision for life. You shall submit to a polygraph examination as directed by an Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer; and

24. Notify the assigned parole officer no later than the next business day of any contact with a representative of a child protection service agency including, but not limited to, the New Jersey Department of Child Protection and Permanency.

(c) If the victim(s) of an offense specified at (a) above is a minor, an offender serving a special sentence of community supervision for life shall, in addition to the conditions specified at (b) above, be subject to the following conditions. The offender shall:

1. Refrain from initiating, establishing, or maintaining contact with any minor;

2. Refrain from attempting to initiate, establish, or maintain contact with any minor; and

3. Refrain from residing with any minor without the prior approval of the District Parole Supervisor, or his or her designated representative, or the appropriate court. Staying overnight at a location where a minor is present shall constitute residing with any minor for the purpose of this condition.

(d) The following circumstances are deemed exceptions to the conditions specified in (c)1 and 2 above:

1. When the minor is engaged in a lawful commercial or business activity, the offender may engage in the lawful commercial or business activity, provided the activity takes place in an area open to the public view;

2. When the minor is in the physical presence of and is being actively supervised by his or her parent or legal guardian (the offender may not be the parent or legal guardian);

3. When the offender is present in a public area, as long as the offender is not associating with a minor, and the public area is not one frequented mainly or exclusively by minors;

4. When the appropriate court may authorize contact with a minor; or 5. When the district parole supervisor or designated representative may authorize the offender to have contact with a minor.

(e) If the sentencing court determines that the conduct of the person convicted of an offense specified in (a) above was characterized by a pattern of repetitive and compulsive behavior and commits the offender to the Adult Diagnostic and Treatment Center for a program of specialized treatment, the offender serving a special sentence of community supervision for life shall, in addition to the conditions specified in (b) and (c) above, participate in and successfully complete any program of counseling or therapy identified by the treatment staff of the Adult Diagnostic and Treatment Center.

(f) If the sentencing court determines that the conduct of the person convicted of an offense specified in (a) above was characterized by a pattern of repetitive and compulsive behavior and if upon release from confinement the appropriate county prosecutor determines pursuant to N.J.S.A. 2C:7-8 that the offender is a high risk to re-offend, and if the appropriate court affirms the determination of the county prosecutor, the offender serving a special sentence of community supervision for life shall refrain from the purchase, use, and possession of alcohol, in addition to the conditions specified in (b), (c), and (e) above.

(g) Prior to an offender, subject to the provisions of N.J.S.A. 2C:43-6.4, being released from custody at the expiration of the term of incarceration or being terminated from probation or parole supervision at the expiration of the term of probation or incarceration respectively, the appropriate Board panel shall issue a written certificate which shall be delivered to the offender by a designated representative of the Board.

(h) The certificate shall include the conditions of community supervision for life as specified in (b), (c), (e), and (f) above and any special condition established by the Board panel.

(i) At the time of delivery of the certificate, the conditions of community supervision for life shall be explained to the offender.

(j) The offender shall be required to acknowledge in writing receipt of the certificate. If the offender refuses to acknowledge in writing receipt of the certificate, the designated Board representative shall make a written record of the delivery of the certificate and the refusal of the offender to acknowledge receipt of the certificate.

(k) Additional special conditions may be imposed by the District Parole Supervisor, or his or her designated representative of the District Parole Supervisor when there is a reasonable belief that such conditions would reduce the likelihood of recurrence of criminal behavior. The offender and the Board shall be given written notice upon the imposition of such conditions.

1. Upon notice being received by the Board, the appropriate Board panel shall review the offender's case and determine whether to vacate, modify or affirm the additional special condition(s).

2. The Board panel shall notify the District Parole Supervisor of its determination within three working days of receipt of notice of the imposition of the additional special condition(s).

3. The District Parole Supervisor shall notify the offender in writing of the determination of the Board panel and shall cause a written record of such notice to be made in the offender's case file.

4. A special condition shall not be deemed effective until affirmed by the appropriate Board panel.

(l) Pursuant to N.J.S.A. 2C:43-6.4(d), an offender who violates a condition of a special sentence of community supervision without good cause is guilty of a crime of the fourth degree.

(m) An offender shall remain under community supervision for life until such time as the appropriate court shall terminate the supervision status pursuant to N.J.S.A. 2C:43-6.4(c).

(n) The search of an offender serving a special sentence of community supervision for life shall be conducted in accordance with N.J.A.C. 10A:72-6.

N.J. Admin. Code § 10A:71-6.11

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

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

Amended by 53 N.J.R. 1383(b), effective 8/16/2021

Amended by 54 N.J.R. 1728(a), effective 9/6/2022