N.J. Admin. Code § 10A:72-16.10
Current through Register Vol. 56, No. 11, June 3, 2024
Section 10A:72-16.10 - Violations(a) In the event the assigned parole officer determines that the offender is in non-compliance with the conditions of his or her supervision term and is unable to gain compliance from the offender, despite efforts by the assigned parole officer to achieve same, and/or the offender commits a serious and/or persistent violation(s) of his or her supervision term, the assigned parole officer shall review the offender's case with the District Parole Supervisor for appropriate action to be taken.(b) If the District Parole Supervisor has a reasonable, articulable belief that the offender should be ordered to return to the USA, the District Parole Supervisor shall refer the offender's case to the Director, Division of Parole, or designee.1. If the Director, Division of Parole, or designee, agrees with the District Parole Supervisor's assessment, the Director, Division of Parole, or designee, shall present the offender's case to a Board panel, as designated by the Chairman.2. The designated Board panel shall render a final decision regarding whether the offender shall be ordered to return to the USA.3. The Director, Division of Parole, or designee, shall notify the District Parole Supervisor of the Board panel's determination.4. The District Parole Supervisor, or designee, shall notify the assigned parole officer of the Board panel's determination.5. If the decision of the Board panel is to order the offender to return to the USA by an established date with a mandate to report to the District Parole Office within 48 hours of the offender's arrival in the USA, the assigned parole officer shall notify the offender of same, in writing, and provide the basis for the order for the offender to return to the USA.(c) In addition to notifying the offender that the offender is to return to the USA, the parole officer shall notify, in writing, the local law enforcement agency and the appropriate USA government official within the country, commonwealth, or territory in which the offender is residing that the offender has been ordered to return to the USA and the basis for the order.(d) Once the offender has reported to the District Parole Office upon his or her return to the USA, the District Parole Supervisor shall determine whether good cause exists to permit the offender to return to the offender's approved residence outside of the USA by an established date or to rescind the offender's permission to reside outside of the USA. The District Parole Supervisor shall document his or her determination in the offender's chronological supervision record.(e) In the event an offender's permission to reside outside of the USA is rescinded, the assigned parole officer shall notify the local law enforcement agency and the county prosecutor's office of where the offender is residing in New Jersey upon his or her return to the USA. 1. For a sex offender who is required to register as a sex offender, the assigned parole officer shall direct the offender to report to his or her local law enforcement agency where the offender will be residing in New Jersey within 10 days, to make arrangements to register as a sex offender.(f) In the event an offender's permission to reside outside of the USA is rescinded, the offender shall comply with the procedures, as set forth at N.J.A.C. 10A:72-16.2 through 16.7, before being permitted to submit a request to reside outside of the USA.(g) In the event that an offender's permission to reside outside of the USA is rescinded, the District Parole Supervisor, or designee, shall determine whether the implementation of the revocation hearing process, pursuant to N.J.A.C. 10A:71-7.17, is warranted, or in the case of an offender serving a special sentence of community or parole supervision for life, whether the filing of a criminal complaint is appropriate.N.J. Admin. Code § 10A:72-16.10
Adopted by 54 N.J.R. 1728(a), effective 9/6/2022