N.J. Admin. Code § 10A:72-16.2

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

Section 10A:72-16.2 - Criteria

(a) A request to reside outside of the USA shall only be considered, provided the following requirements are satisfied:

1. There appears to be a legitimate basis for the request;

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

3. The offender has made a satisfactory adjustment while under supervision and is currently in substantial compliance with the conditions of their supervision term;

4. The offender is not serving or mandated to serve any type of court-ordered incarceration or supervision term, in addition to the term being supervised by the Board;

5. The offender does not have any criminal charge(s), motor vehicle violation(s), and/or civil action (s) pending against him or her in any of the geographical areas specified at N.J.A.C. 10A:72-16.1(a);

6. The offender has remained offense-free from the inception of their supervision term or for a minimum of two consecutive years prior to the submission of the request, whichever is shorter. For purposes of this subchapter, an offense includes a conviction(s) for the following:

i. Disorderly persons offense or higher; or

ii. A charge for Driving While Intoxicated or Driving Under the Influence;

7. The offender does not have an active warrant(s) for their arrest;

8. The offender has achieved the Division of Parole's maintenance level of supervision or higher at the time of their submission of the request;

9. The offender shall have successfully completed programs, as mandated by a court order(s) and/or a condition(s) of supervision, including, but not limited to:

i. A substance abuse counseling program;

ii. A mental health counseling program (non-sex offender specific); and/or

iii. An anger management program;

10. Successful completion of a condition of supervision mandating the offender participate in a substance abuse self-help or community support program, pursuant to (a)9 above, shall not be required;

11. The offender had a Level of Service Inventory-Revised (LSI-R) risk assessment conducted within 12 months of the date of the request to reside outside of the USA, indicating the offender is in the low, moderate, or medium risk for recidivism range;

12. The offender has met his or her goals, as outlined in his or her case plan agreement;

13. The offender has made full payment of any assessment, fine, penalty, lab fee, or restitution imposed by the sentencing court;

14. The country in which the offender intends to reside must have an active extradition treaty with the USA;

15. The offender provides an official letter from the embassy or consulate from the country, commonwealth, or territory in which the offender intends to reside indicating the offender shall be permitted to reside within their country, commonwealth, or territory. If an offender maintains citizenship with the country, commonwealth, or territory that he or she is requesting to reside, the offender shall provide official documentation verifying same.

i. The letter from the embassy or consulate must indicate that the country, commonwealth, or territory in which the offender intends to reside is aware of the offender's commitment offense(s) and his or her supervision status/term.

ii. An offender who is requesting to reside in a USA territory outside the geographical areas listed at N.J.A.C. 10A:72-16.1(a)(that is, American Samoa, Guam, and Northern Mariana Islands) is not required to obtain a letter pursuant to (a)15 above;

16. The offender provides documented proof of a viable residency plan for the country, commonwealth, or territory in which he or she is requesting to reside. Minimally, the offender shall provide proof in the form of at least one of the following, but not limited to, documents from the country, commonwealth, or territory in which the offender is requesting to reside:

i. A deed or other recognized legal ownership document indicating the offender owns a residence in the country, commonwealth, or territory;

ii. A lease or rental agreement for a residence indicating a promise of residency for the offender in the country, commonwealth, or territory; or

iii. A notarized or verifiable letter from an identified person from within the offender's support network indicating they are willing to allow the offender to reside with them in the country, commonwealth, or territory until the offender achieves the ability to secure their own residence;

17. The offender provides a list of all individuals currently residing in the proposed residence. The offender shall provide the following, but not limited to, information regarding the individuals currently residing in the proposed residence:

i. Full names;

ii. Relationship to the offender; and

iii. Ages;

18. The offender provides documented proof of a financial support plan within the country, commonwealth, or territory in which they are requesting to reside. Minimally, the offender shall provide proof in the form of at least one of the following, but not limited to, documents from the country, commonwealth, or territory in which the offender is requesting to reside:

i. An official document verifying proof of business or real estate ownership indicating an ability for the offender to generate a sufficient income to maintain residency and livelihood in the country, commonwealth, or territory;

ii. A notarized or verifiable letter from a prospective employer in the country, commonwealth, or territory verifying a promise of legitimate employment for the offender upon their arrival in the country, commonwealth, or territory explaining the business functions of the employer, and the specific employment functions to be performed by the offender; or

iii. A notarized or verifiable letter from an identified person from within the offender's support network indicating they are willing to provide sufficient financial assistance to the offender to maintain their livelihood while in the country, commonwealth, or territory until the offender is able to secure their own legitimate source of income;

19. There is no known restraining order(s) against the offender involving any person(s) residing at the offender's proposed residence in the country, commonwealth, or territory;

20. There is no known victim(s) of the offender residing in or near the offender's proposed residence in the country, commonwealth, or territory;

21. There is no known co-defendant(s) of the offender residing in the offender's proposed residence in the country, commonwealth, or territory;

22. The offender shall provide the name and contact information for the governing law enforcement agency for the jurisdiction of the offender's proposed residence in the country, commonwealth, or territory;

23. The offender shall agree to communicate with the Board through an available means of videoteleconferencing or other specified means of communication, as directed by a parole officer while residing outside of the USA;

24. The offender shall agree to the execution of any notice of release of records information forms, as determined by the Board; and

25. The offender shall agree to participate in random drug and/or alcohol testing with a specified frequency of participation at a certified laboratory in the country, commonwealth, or territory in which the offender was approved to reside outside of the USA and to provide laboratory reports with confirmation of the results from all tests conducted.

(b) All documentation required to be provided by the offender in accordance with (a) above shall be legible and written in the English language. The offender shall be responsible to have any documentation translated into the English language, if required.

N.J. Admin. Code § 10A:72-16.2

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