N.J. Admin. Code § 10A:72-16.3
Current through Register Vol. 56, No. 11, June 3, 2024
Section 10A:72-16.3 - Criteria; sex offenders(a) In addition to the requirements at N.J.A.C. 10A:72-16.2, an offender who is under supervision due to a conviction for a sex offense(s) shall comply with the additional requirements specified in this section prior to being eligible to submit an application to reside outside of the USA. 1. If the offender's offense(s) for which he or she was convicted and sentenced to supervision involved a minor victim(s), the offender shall not be eligible to apply to reside in a proposed residence outside of the USA in which a minor(s) is residing, unless the offender has been approved for living with children privileges involving the minor(s) residing in the proposed residence pursuant to N.J.A.C. 10A:72-2.5.2. The offender shall contact the governing law enforcement agency in the jurisdiction of his or her proposed residence in the country, commonwealth, or territory outside of the USA to confirm all sex offender registration requirements in that jurisdiction. i. The offender shall provide documentation to the assigned parole officer confirming the sex offender registration requirements in the jurisdiction of the proposed residence in the country, commonwealth, or territory outside of the USA.ii. If approved to reside in the proposed country, commonwealth, or territory outside of the USA, the offender shall be directed by their assigned parole officer that they must comply with any and all sex offender registration requirements of the jurisdiction in the country, commonwealth, or territory outside of the USA in which he or she may be approved to reside.3. The offender shall have been assigned a sex offender tier level by the Superior Court--Law Division. i. The offender's risk of re-offense must have been determined to be low or moderate pursuant to N.J.S.A. 2C:7-8 at the time of their request to reside outside of the USA.ii. An offender whose risk of re-offense has been determined to be high pursuant to N.J.S.A. 2C:7-8 is not eligible to reside outside of the USA.4. The offender shall have successfully completed a sex offender counseling program approved by the District Parole Office, or have been evaluated by a therapist approved by the District Parole Office, and the therapist has determined that the offender does not require any type of formal sex offender counseling. i. The District Parole Supervisor, or designee, may require a sex offender who has already successfully completed sex offender counseling or has been evaluated by a therapist approved by the District Parole Office as not having to participate in a formal course of sex offender counseling to obtain a letter of recommendation from a sex offender therapist approved by the District Parole Office supporting their request to reside outside of the USA.ii. The letter shall include a statement of the benefits for the offender being permitted to reside in a country, commonwealth, or territory outside of the USA, as compared to the risks involved with same. The letter shall be provided to the offender's assigned parole officer prior to or at the time the offender submits their request to reside outside of the USA.5. An exception to (a)4 above shall be made for an offender who is enrolled in, and actively attending/participating in, sex offender counseling at the time of their request to reside outside of the USA and who has minimally achieved a maintenance level of therapy with the approved sex offender counseling program. i. A maintenance level of therapy shall be determined by the parole officer, in conjunction with the therapist, but certain elements should be present in making this determination, such as, but not limited to, a reduced mandated frequency of attendance, appropriate progress in treatment, satisfactory attendance records over a prolonged period of time, and the development of an identifiable relapse prevention plan.ii. Exceptions may be made to the maintenance level of therapy requirement, as determined by the District Parole Supervisor, or designee, for good cause.iii. An offender who is still enrolled and actively attending/participating in sex offender counseling at the time of their request to reside outside of the USA and has achieved a maintenance level of therapy shall secure a letter of recommendation from their sex offender therapist supporting their request. The recommendation from their therapist shall include a statement as to the benefits for the offender residing outside of the USA, as compared to the risks involved with same. The letter shall be provided to the offender's assigned parole officer prior to or at the time the offender submits their request to reside outside of the USA.6. The offender shall have had at least one of the following risk assessments conducted within the past 12 months prior to the submission of the request to reside outside of the USA and having achieved a score placing the offender in the low, moderate, or medium risk range to sexually reoffend:ii. A Stable 2007/Acute 2007; and/oriii. A recognized risk assessment evaluation (for example, MnSOST-R) utilized to assess sex offender recidivism and deemed acceptable by the District Parole Office.(b) The assigned parole officer shall contact the local law enforcement agency and the county prosecutor's office where the offender is currently approved to reside in order to advise of the offender's request to reside outside of the USA. In the event the offender is approved to reside outside of the USA, the assigned parole officer shall contact the local law enforcement agency and the county prosecutor's office to advise of the offender's approval and the offender's planned departure date.N.J. Admin. Code § 10A:72-16.3
Adopted by 54 N.J.R. 1728(a), effective 9/6/2022