N.J. Admin. Code § 10A:71-6.12

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

Section 10A:71-6.12 - Parole supervision for life

(a) Pursuant to N.J.S.A. 2C:43-6.4(a), any enumerated offense committed on or after 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, engaging in sexual conduct that would impair or debauch the morals of a child pursuant to N.J.S.A. 2C:24-4(a), endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4(b)3, luring, or an attempt to commit any of these offenses 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 parole supervision for life. Pursuant to N.J.S.A. 2C:43-6.4.a, a court imposing sentence on a person who has been convicted of endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4.b(4) or (5) or an attempt to commit either of these offenses on or after August 14, 2013, may include, upon motion of the prosecutor, in addition to any other sentence authorized by the Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., a special sentence of parole supervision for life.

(b) The special sentence of parole supervision for life shall commence pursuant to N.J.S.A. 2C:43-6.4(b) immediately upon the offender's release from incarceration. If the offender is serving a sentence of incarceration for another offense at the time the offender completes the custodial portion of the sentence imposed on the present offense, the special sentence of parole supervision for life shall not commence until the offender is actually released from incarceration for the other offense.

(c) Pursuant to N.J.S.A. 2C:43-6.4(b), an offender sentenced to a special sentence of parole supervision for life shall remain in the legal custody of the Commissioner. The offender shall be supervised by the Division of Parole and shall be subject to the provisions and conditions established pursuant to (d) below; subject to any special conditions established by the appropriate Board panel; and subject to any conditions imposed by the sentencing court.

(d) An offender sentenced to a special sentence of parole supervision for life shall comply with the following:

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 permission 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 permission 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 operating a motor vehicle without a valid driver's license;

22. 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;

23. 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;

24. Make payment of any assessment, fine, penalty, lab fee, or restitution imposed by the sentencing court;

25. 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 parole 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;

26. Waive extradition to the State of New Jersey from any jurisdiction in which the offender is apprehended and detained for violation of parole supervision for life status and not contest any effort by any jurisdiction to return the offender to the State of New Jersey; and

27. 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.

(e) If the victim(s) of an offense specified at (a) above is a minor, an offender serving a special sentence of parole supervision for life shall, in addition to the conditions specified at (d) 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.

(f) The following circumstances are deemed exceptions to the conditions specified in (e)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 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.

(g) 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 parole supervision for life shall, in addition to the conditions specified in (d) and (e) above, participate in and successfully complete any program of counseling or therapy identified by the treatment staff of the Adult Diagnostic and Treatment Center.

(h) 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 the appropriate court affirms the determination of the county prosecutor, the offender serving a special sentence of parole supervision for life shall, in addition to the conditions specified in (d), (e), and (g) above, refrain from the purchase, use, and possession of alcohol.

(i) Prior to an offender, subject to the provision 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 parole supervision, the appropriate Board panel shall issue a written certificate which shall be delivered to the offender by a designated representative of the Board.

(j) If the sentencing court suspends the imposition of sentence and the offender immediately commences the service of the special sentence of parole supervision for life the appropriate Board panel shall issue, as soon as administratively possible, a written certificate which shall be delivered to the offender by a designated representative of the Board.

(k) The certificate shall include the conditions of parole supervision for life as specified in (d), (e), (g), and (h) above and any special condition established by the Board panel. If the sentencing court suspends the imposition of sentence and the offender immediately commences the service of the special sentence of parole supervision for life, the certificate shall also include, as a special condition, any condition(s) established by the sentencing court.

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

(m) 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.

(n) Additional special conditions may be imposed by the District Parole Supervisor, or his or her designated representative, 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 a special condition.

1. Except as provided in (n)4 below, a special condition imposed pursuant to this subsection shall be deemed effective on the date of imposition.

2. A special condition imposed pursuant to this subsection shall remain in effect, except as provided in (n)3 below, until modified or vacated by the District Parole Supervisor or Assistant District Parole Supervisor or the designated representative of the District Parole Supervisor.

3. Upon notice being received by the Board, the appropriate Board panel upon review may determine to vacate or modify the special condition. The Board panel shall notify the District Parole Supervisor in writing of its determination.

4. A special condition requiring the offender to notify an employer or intended employer of his or her parole supervision for life status and criminal record shall not be deemed effective until affirmed by the appropriate Board panel.

(o) As authorized by N.J.S.A. 30:4-123.51b(c), an offender's parole supervision for life status may be revoked for a violation of any condition of supervision and the offender returned to custody in accordance with the provisions of N.J.S.A. 30:4-123.60 to 123.63 and 123.65 and the provisions of N.J.A.C. 10A:71-7asappropriate.

(p) If an offender's parole supervision for life status is revoked by the appropriate Board panel and the offender is returned to custody, the offender shall serve the following time period in confinement upon the initial revocation:

1. Eighteen months if the offender has committed a crime of the first degree;

2. Sixteen months if the offender has committed a crime of the second degree; or

3. Fourteen months if the offender has committed a crime of the third degree;

4. Twelve months if the offender has committed a crime of the fourth degree or any other offense, or violated any other condition of supervision.

(q) For each subsequent revocation of an offender's parole supervision for life status, the offender shall serve an additional time period of two months in excess of the term imposed for the initial or a subsequent revocation regardless of the basis for the initial or subsequent revocation action. Any time period established upon the revocation of an offender's parole supervision for life status shall not, pursuant to N.J.S.A. 30:4-123.51b(c), exceed 18 months.

(r) The time period established pursuant to (p) or (q) above shall not, pursuant to N.J.S.A. 30:4-123.51b.c, be reduced by commutation time for good behavior (N.J.S.A. 30:4-140) or credits for diligent application of work and other institutional assignments (N.J.S.A. 30:4-92).

(s) In accordance with N.J.S.A. 30:4-123.51b.c, the time period to be served pursuant to (p) or (q) above shall not for the purpose of establishing a primary parole eligibility date pursuant to N.J.S.A. 30:4-123.51.h be aggregated with a term of imprisonment imposed on the offender for the commission of any other offense.

(t) Upon the completion of the time period established pursuant to (p) or (q) above, the offender shall be released from confinement unless the offender is serving a sentence of incarceration for another crime. Prior to the offender being released from confinement, the offender shall be served with a written certificate pursuant to (i), (k), and (l) above. Upon the offender being released from confinement the offender shall remain under parole supervision for life.

(u) An offender shall remain under parole 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).

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

N.J. Admin. Code § 10A:71-6.12

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