N.J. Admin. Code § 10A:72-15.4

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

Section 10A:72-15.4 - Division of Parole review

(a) A District Parole Supervisor, or designee, shall review 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) one year from the effective date of the social networking condition, and on an annual basis thereafter, to determine if the condition remains warranted.

(b) The District Parole Supervisor, or designee, shall review the social networking condition utilizing the criteria specified at (c) below.

(c) The review of the social networking condition shall include, but not be limited to, an assessment as to whether:

1. There is a reasonable basis to preclude an offender from using any computer and/or device to create any social networking profile or from access to any social networking service or chat room in the offender's name or any other name;

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

3. The offender is in compliance with the conditions of supervision;

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

5. The offender's treatment provider, if the offender is presently participating in counseling, is of the opinion that social networking will promote the rehabilitation of the offender and assist the offender's re-entry efforts.

(d) Upon completion of the review of the social networking condition, the District Parole Supervisor, or designee, shall determine whether to continue or vacate the social networking condition.

(e) If the District Parole Supervisor, or designee, determines to continue the social networking condition, the continuation shall conform with the procedures at N.J.A.C. 10A:72-15.2 and 15.3. However, if the offender contests the justification supporting the extension of the social networking condition, the social networking condition shall remain in effect until the Board panel has reviewed the offender's case and determined whether to continue or vacate the extension of the social networking condition.

(f) If the District Parole Supervisor, or designee, determines to vacate the social networking condition, the District Parole Supervisor, or designee, shall notify the offender in writing of the decision. The decision shall also be recorded in the chronological supervision report.

N.J. Admin. Code § 10A:72-15.4

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