N.J. Admin. Code § 10A:72-15.1

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

Section 10A:72-15.1 - Criteria

(a) This subchapter applies to the imposition of a special condition prohibiting an offender from using any computer and/or device to create any social networking profile or to access any social networking service or chat room in the offender's name or any other name (social networking condition) in the cases of offenders serving a special sentence of community or parole supervision for life.

1. The following words and terms, as used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

i. "Chat room" means any Internet website through which users have the ability to communicate through messaging and which allows messages to be visible to all users or to a designated segment of users.

ii. "Internet website or application," as used at (a)1iv below, means an Internet website or application that allows users, through the creation of Internet web pages or profiles or other similar means, to provide personal information to the public or other users of the Internet website or application, and facilitates online social interactions by offering a mechanism for communication with other users of the Internet website or application. An Internet application shall include any program utilized in conjunction with a mobile or electronic device that permits access to a social networking service.

iii. "Peer-to-peer network," as used at (a)1iv below, means a connection of computer systems, whereby files are shared directly between the systems on a network without the need of a central server.

iv. "Social networking service" includes any Internet website or application, chat room, or peer-to-peer network, that:

(1) Contains profile pages of the members of the social networking service that include the names or nicknames of such members, photographs placed on the profile pages by such members, or any other personal or personally identifying information about such members and links to other profile pages on social networking services of friends or associates of such members that can be accessed by other members of, or visitors to, the social networking service;

(2) Provides members of, or visitors to, such social networking service the ability to leave messages or comments on the profile page that are visible to all or some visitors to the profile page;

(3) Provides members of, or visitors to, the social networking service the ability to engage in direct or real time communication with other users, such as a chat room or instant messenger; or

(4) Provides a form of electronic mail for members of, or visitors to, the social networking service. For the purpose of this subparagraph, "social networking service" does not include the use of email exclusively for person-to-person communication.

(b) The District Parole Supervisor, or designee, may impose a special condition prohibiting an offender from using any computer and/or device to create any social networking profile or to access any social networking service or chat room in the offender's name or any other name, if:

1. There is a specific and articulable reason and a clear purpose for the imposition of the social networking condition;

2. The imposition of the social networking condition will act as an aid to the offender's re-entry effort, will promote the rehabilitation of the offender, is deemed necessary to protect the public, or will reduce recidivism by the offender; and

3. Social networking was a contributing factor in the offender's commitment offense or the imposition of the social networking condition is deemed appropriate based on new behavior demonstrated by the offender under supervision.

N.J. Admin. Code § 10A:72-15.1

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