N.J. Admin. Code § 10A:72-10.4

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

Section 10A:72-10.4 - Board panel review

(a) Upon receipt of the written notice of the imposition of the curfew, electronic monitoring, or GPS monitoring condition, the basis for the imposition of the curfew, electronic monitoring, or GPS monitoring condition, the written statement or documentation of the offender and an assessment of the written statement or documentation by the District Parole Supervisor or designee, if submitted, and any attendant documents, a Board panel shall review the offender's case.

(b) If the board panel determines a hearing shall be conducted prior to the effectuation of the curfew, electronic monitoring, or GPS monitoring condition based on a finding that an issue of fact requires resolution, the matter shall be referred for the scheduling of a hearing before a designated hearing officer.

(c) If the board panel concurs in the determination that exigent circumstances exist and determines a hearing shall be conducted based on a finding that an issue of fact requires resolution, the matter shall be referred for the scheduling of a hearing before a designated hearing officer.

(d) If the board panel does not concur with the determination that exigent circumstances exist and determines a hearing shall be conducted based on a finding that an issue of fact requires resolution, the matter shall be referred for the scheduling of a hearing before a designated hearing officer. The offender and District Parole Office shall be advised that the curfew, electronic monitoring, or GPS monitoring condition shall be held in abeyance pending the conducting of a hearing.

(e) If the board panel determines that a hearing is not required, the board panel shall determine whether to affirm, modify, or vacate the imposition of the curfew, electronic monitoring, or GPS monitoring condition.

(f) The offender and the District Parole Office shall be advised in writing of the board panel's decision.

N.J. Admin. Code § 10A:72-10.4

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

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