N.J. Admin. Code § 10A:71-6.4

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

Section 10A:71-6.4 - Conditions of parole

(a) An offender granted parole shall comply with the following general conditions of parole:

1. Obey all laws and ordinances.

2. Report in person to the District Parole Supervisor, or his or her designated representative, immediately after the offender is released on parole from the institution, unless the offender has been given other written instructions by a designated representative of the Board, and the offender is to report thereafter as instructed by the District Parole Supervisor, or his or her designated representative.

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:39-1.r.

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 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.a3, and distribution of marijuana or hashish in violation of N.J.S.A. 2C:35-5.b12; 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. Make payment of any assessment, fine, penalty, lab fee, or restitution imposed by the sentencing court.

15. Register with the appropriate law enforcement agency and, upon a change of address, re-register with the appropriate law enforcement agency if you are subject to the provisions of N.J.S.A. 2C:7-2.

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

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

18. Refrain from operating a motor vehicle without a valid driver's license.

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

20. 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.

21. 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.

(b) In the case of an adult or young adult State inmate subject to the provisions of N.J.S.A. 2C:43-6.4, the certificate of parole shall contain as general conditions of parole, in addition to those conditions specified in (a) above, the conditions as specified in N.J.A.C. 10A:71-6.11(b), (c), (e), and (f) or 6.12(d), (e), (g), and (h) as appropriate.

(c) In the case of a county inmate, the performance of public service for the remainder of the term of the sentence shall be a required condition of parole where appropriate. The Chairperson shall be authorized to pursue a contract for services for the supervision by the appropriate county probation department for the performance of public service by county inmates.

(d) Based on the prior history of the inmate or information provided by a victim or a member of the family of a murder/manslaughter victim, the Board members certifying parole release may impose any other specific conditions of parole deemed reasonable in order to reduce the likelihood of recurrence of criminal behavior. In addition, the Board members certifying parole release may, giving due regard to a victim's request, impose a special condition that the parolee have no contact with the victim, which special condition may include, but need not be limited to, restraining the parolee from entering the victim's residence, place of employment, business, or school, and from harassing or stalking the victim or the victim's relatives in any way.

(e) The Board members certifying parole release may, in the following circumstances, impose as a specific condition of parole that the parolee notify an employer or intended employer of his or her parole status and criminal record:

1. The employment is a "live-in" position, for example, employment and residence are on the property of the employer;

2. The parolee is serving a sentence for the offense of murder, manslaughter, kidnapping, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, robbery first degree, robbery second degree, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child, luring, aggravated assault, arson or an attempt to commit any such offense;

3. The criminal record of the parolee indicates a conflict with the type of employment; or

4. The employment violates the terms of a New Jersey or Federal licensing law or license applicable to the employer.

(f) The assigned parole officer shall confirm that the notification required by the specific condition at (e) above has been made to the employer and is authorized to make the appropriate notification if the parolee fails to do so.

(g) Nothing in this section shall prohibit the Board members from imposing as a specific condition of parole that the parolee notify an employer or intended employer of his or her parole status and criminal record where good cause exists to impose such a specific condition.

(h) Additional special conditions may be imposed by the District Parole Supervisor, or his or her designated representative, when the District Parole Supervisor, or his or her designated representative has a reasonable belief that such conditions would reduce the likelihood of recurrence of criminal behavior.

1. The parolee shall be given written notice immediately upon the imposition of such an additional special condition.

2. The Board shall be given written notice within seven days upon the imposition of such an additional special condition.

3. An additional special condition imposed shall be deemed to be effective on the date of imposition.

4. An additional special condition imposed pursuant to this subsection shall remain in effect until modified or vacated by the District Parole Supervisor, or his or her designated representative, or modified or vacated by the Board panel pursuant to N.J.A.C. 10A:71-6.6.

(i) A District Parole Supervisor, or his or her designated representative, may, under the circumstances specified at (e) above, impose as a special condition that the parolee notify an employer or intended employer of his or her parole status and criminal record. Imposition of the special condition shall be in accordance with the provisions at (h) above. However, the special condition shall not be deemed effective until affirmed by the appropriate Board panel.

(j) The District Parole Supervisor, an Assistant District Parole Supervisor, or the designated representative of the District Parole Supervisor shall not impose on any parolee any condition that would prohibit or restrict manufacturing, distributing, or dispensing, or possessing, or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of N.J.S.A. 2C:35-5.b(12) or possession of marijuana or hashish in violation of N.J.S.A. 2C:35-10.a(3).

(k) If a parolee owes an assessment, fine, penalty, lab fee, or restitution, the District Parole Supervisor shall, unless otherwise ordered by the Board or members certifying parole release or the sentencing court, be responsible for specifying a reasonable schedule for payment of such assessment, fine, penalty, lab fee, or restitution.

(l) Except as provided at (m) below, or unless otherwise directed by the Board panel or Board, a specific condition imposed in accordance with (d) above may be modified or vacated by the District Parole Supervisor if the circumstances of the parolee's case warrant such action.

(m) The following specific conditions imposed in accordance with (d) above may only be modified or vacated by the Board panel or Board:

1. The parolee is to refrain from contact with the victim.

2. The parolee is to participate in and successfully complete a mental health counseling or treatment program.

3. The parolee is to participate in and successfully complete a residential counseling or treatment program.

N.J. Admin. Code § 10A:71-6.4

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