N.J. Admin. Code § 10A:71-7.2

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

Section 10A:71-7.2 - Issuance of warrants

(a) The parole officer shall request that a parole violation warrant be issued when the parole officer has probable cause to believe that the parolee has seriously or persistently violated parole conditions by conduct other than new criminal charges and where evidence indicates that the parolee poses a danger to the public safety or may not appear at revocation proceedings.

(b) In accordance with the provisions of N.J.S.A. 30:4-123.62, the Director of Parole, Supervising Parole Officers, the Supervisor of the Office of Interstate Services, District Parole Supervisors, and the designated representatives of the District Parole Supervisors are hereby authorized to issue warrants on behalf of the Chairperson.

(c) In the absence of the individual(s) authorized to issue warrants pursuant to (b) above, such individual(s) shall designate an acting chief or acting supervisor for the purpose of issuing warrants.

(d) If an emergency exists and if the individual(s) authorized to issue warrants pursuant to (b) and (c) above are not available, a parole officer may issue a warrant pending review by the individual(s) authorized to issue warrants pursuant to (b) and (c) above.

1. When a warrant is issued pursuant to (d) above, the individual(s) authorized to issue warrants pursuant to (b) or (c) above shall review the basis for the issuance of such warrant within 48 hours of the issuance of the warrant.

2. If such individual determines that the issuance of the warrant is not necessary, the warrant shall be immediately withdrawn.

(e) If a parolee has been sentenced to a custodial term or sentenced to a custodial term as a condition of probation for a crime committed while on parole supervision and if a parole warrant has not been previously issued, a parole warrant shall be issued by the appropriate individual and filed against the parolee at the institution in which the parolee is confined.

N.J. Admin. Code § 10A:71-7.2

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
(b) deleted "of the Board"; (c) added "the basis for the issuance of".
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (b), inserted reference to designated supervisory representatives of the Commission.
Amended by R.2000 d.50, effective 2/7/2000.
See: 31 New Jersey Register 3579(a), 32 New Jersey Register 472(b).
In (b), substituted a reference to the Director of Parole for a reference to the Chief of the Bureau of Parole, and inserted a reference to Supervising Parole Officers.
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 New Jersey Register 1044(a), 33 New Jersey Register 2672(a).
Added (e).

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