N.J. Admin. Code § 10A:72-10.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:72-10.3 - Procedure

(a) The offender shall be served in person with written notice of the imposition of the curfew, electronic monitoring, or GPS monitoring condition. The written notice shall include the basis for the imposition of the condition.

(b) The offender shall be provided with a written informational statement that details the procedure for the imposition of the curfew, electronic monitoring, or GPS monitoring condition.

(c) Upon the offender being served with written notice of the imposition of the curfew, electronic monitoring, or GPS monitoring condition, the offender shall indicate, in writing, whether he or she contests the allegations, the conclusions to be drawn from the allegations, or the justification supporting the imposition of the curfew, electronic monitoring, or GPS monitoring condition.

(d) If the offender does not contest the allegations, the conclusions to be drawn from the allegations, or the justification supporting the imposition of the curfew, electronic monitoring, or GPS monitoring condition, the offender shall be advised that the curfew, electronic monitoring, or GPS monitoring condition shall be effectuated immediately.

(e) If the offender contests the allegations, the conclusions to be drawn from the allegations, or the justification supporting the imposition of the curfew, electronic monitoring, or GPS monitoring condition and exigent circumstances do not exist as to require the immediate effectuation of the curfew, electronic monitoring, or GPS monitoring condition, the following procedures shall apply:

1. The offender shall be advised that he or she will have five business days to submit a written statement or documentation to the District Parole Office to be considered before the curfew, electronic monitoring, or GPS monitoring condition becomes effective;

2. The offender shall be advised that if the offender fails to submit a written statement or documentation within five business days, the curfew, electronic monitoring, or GPS monitoring condition shall become effective immediately upon the expiration of the five business days;

3. If the offender submits a written statement or documentation within five business days, the curfew, electronic monitoring, or GPS monitoring condition shall not be effectuated until such time as a board panel authorizes the effectuation of the curfew, electronic monitoring, or GPS monitoring condition;

4. The District Parole Office shall forward a copy of the written notice of the imposition of the curfew, electronic monitoring, or GPS monitoring condition to a Board panel. If the offender contests the imposition of the curfew, electronic monitoring, or GPS monitoring condition and has submitted a written statement or documentation to the District Parole Office, a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee shall be forwarded by the District Parole Office to the Board panel for consideration;

5. An offender shall not be precluded from submitting a written statement or documentation to the District Parole Office after the expiration of the five business days time period. However, the failure to comply with the five business days time period shall result in the immediate effectuation of the curfew, electronic monitoring, or GPS monitoring condition; and

6. If the District Parole Office receives a written statement or documentation from an offender after the expiration of the five-business-day time period, the District Parole Office shall forward a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee to the Board panel for consideration.

(f) If the offender contests the allegations, the conclusions to be drawn from the allegations or the justification supporting the imposition of the curfew, electronic monitoring, or GPS monitoring condition and the District Parole Office believes that exigent circumstances do exist as to require the immediate effectuation of the curfew, electronic monitoring, or GPS monitoring condition, the following procedures shall apply:

1. The District Parole Supervisor or designee shall review the offender's case within 24 hours of the determination to impose the curfew, electronic monitoring, or GPS monitoring condition to determine whether exigent circumstances do exist as to require immediate effectuation of the curfew, electronic monitoring, or GPS monitoring condition and shall verbally advise the offender and the assigned parole officer of his or her determination. If the District Parole Supervisor or designee determines that exigent circumstances exist, the District Parole Supervisor or designee shall also provide written notice to the offender as to the basis for the determination;

2. If the District Parole Supervisor or designee determines that exigent circumstances do exist, the curfew, electronic monitoring, or GPS monitoring condition shall be effectuated immediately;

3. The offender shall be advised that he or she will have five business days to submit a written statement or documentation to be considered;

4. The District Parole Office shall forward a copy of the written notice of the imposition of the curfew, electronic monitoring, or GPS monitoring condition and, if exigent circumstances were found to exist by the District Parole Supervisor or designee, a copy of the written notice of the basis for the determination of the existence of exigent circumstances to a Board panel. If the offender contests the imposition of the curfew, electronic monitoring, or GPS monitoring condition and has submitted a written statement or documentation to the District Parole Office, a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee shall be forwarded by the District Parole Office to the Board panel for consideration;

5. An offender shall not be precluded from submitting a written statement or documentation to the District Parole Office after the expiration of the five business days time period; and

N.J. Admin. Code § 10A:72-10.3

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