N.J. Admin. Code § 10A:72-16.1

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

Section 10A:72-16.1 - General provisions

(a) For purposes of this subchapter, outside of the United States of America (USA) refers to a country, commonwealth, or territory outside of the following geographical areas:

1. The 50 states of the USA;

2. The District of Columbia;

3. The Commonwealth of Puerto Rico; or

4. The territory of the United States Virgin Islands.

(b) A Board panel may permit an offender to reside outside of the USA, if the offender meets the criteria set forth at N.J.A.C. 10A:72-16.2 and 16.3.

(c) Except as specified at (d) below, the Board panel will consider requests to reside outside of the USA after the following periods of supervision have been completed:

1. In the case of an offender under parole supervision, after a period of two consecutive years.

i. An offender under parole supervision must have at least one year remaining on their supervision term prior to their maximum expiration date at the time of their submission of the request to reside outside of the USA; and

2. In the case of an offender serving a special sentence of community or parole supervision for life, after a period of seven consecutive years.

(d) The following offenders are not eligible to apply to reside outside of the USA:

1. An offender who is serving a conditional discharge supervision term, pursuant to N.J.S.A. 30:427.32;

2. An offender who has an active special condition of electronic monitoring or Global Positioning System monitoring; or

3. An offender whose risk of re-offense has been determined to be high, pursuant to N.J.S.A. 2C:7-8.

(e) If an offender is under the supervision of the Board on behalf of another state pursuant to the Interstate Compact for Adult Offender Supervision, the offender shall be referred to their sending state in order to review a request to reside outside of the USA.

N.J. Admin. Code § 10A:72-16.1

Adopted by 54 N.J.R. 1728(a), effective 9/6/2022