N.J. Admin. Code § 10A:72-12.1

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

Section 10A:72-12.1 - Travel permit review and issuance; travel within the United States of America

(a) No offender under the supervision of the Board shall be permitted to travel outside of the State of New Jersey for more than 24 hours without a written travel permit.

(b) Upon the receipt of a request by an offender to travel outside of the State of New Jersey for a period of less than 24 hours, the parole officer shall, within five business days, review the proposed travel utilizing the criteria specified in (e) below. If travel is deemed appropriate, the parole officer shall provide verbal approval to the offender. Prior to or at the time of the approval, the parole officer shall record his or her decision in the chronological supervision report.

(c) Upon the receipt of a request by an offender to travel outside of the State of New Jersey for a period longer than 24 hours, the parole officer shall, within five business days, review the proposed travel utilizing the criteria specified in (e) below. If travel is deemed appropriate, the parole officer shall complete a proposed travel permit and submit the permit for review by a Supervising Parole Officer, District Parole Supervisor, or designee.

(d) Upon receipt of the proposed travel permit, the Supervising Parole Officer, District Parole Supervisor, or designee shall, within five business days, review the proposed travel request utilizing the criteria specified in (e) below.

(e) The review of an offender's request to travel shall include, but not be limited to, an assessment as to whether:

1. There appears to be a legitimate basis for travel;

2. Travel permission is consistent with the continued rehabilitation of the offender and will not compromise public safety;

3. The offender is in compliance with his or her conditions of supervision;

4. The current (within 12 months of the request to travel) risk assessment score of the offender is in the low, moderate, or medium risk for recidivism range;

5. The offender has a stable residence and is reporting as instructed;

6. The offender has met the goals listed in his or her Case Plan Agreement and is progressing in a pro-social manner;

7. There are no known restraining order(s) against the offender involving any person(s) residing at the travel destination; and

8. There are no known victims of the offender in or near the proposed travel destination.

(f) An offender who is pending a transfer of his or her supervision to a proposed receiving state shall not be granted travel permission to visit the receiving state unless reporting instructions have been issued and/or the case has been accepted by the receiving state.

(g) Any travel permission issued to an offender shall not exceed 30 consecutive days per travel permit.

(h) Consecutive travel permits shall not be granted unless there are extenuating circumstances that would require the issuance of consecutive travel permits. However, if there is a justifiable need to issue consecutive travel permits, such travel permits shall not permit an offender to remain in another state in excess of 45 consecutive days.

(i) Upon completing his or her review of the proposed travel permit, a Supervising Parole Officer, District Parole Supervisor, or designee shall either approve the proposed travel permit by affixing his or her signature to the form or advise the parole officer that the request for the issuance of a travel permit has been denied and the reasons for the denial. The Supervising Parole Officer, District Parole Supervisor, or designee shall record his or her decision in the chronological supervision report.

(j) The assigned parole officer shall provide the offender with a copy of the travel permit if the proposed travel is approved or the reasons if the proposed travel is denied.

N.J. Admin. Code § 10A:72-12.1