N.J. Admin. Code § 10A:72-16.5

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

Section 10A:72-16.5 - Request procedure

(a) If an offender seeks to reside outside of the USA, the offender shall notify his or her assigned parole officer in writing.

(b) Upon receipt of a request to reside outside of the USA, the assigned parole officer shall provide the offender with the requirements to do so, as specified at N.J.A.C. 10A:72-16.1, 16.2, and 16.3, if applicable.

(c) If the offender meets the requirements specified at N.J.A.C. 10A:72-16.1, 16.2, and 16.3, if applicable, the assigned parole officer shall:

1. Attempt to contact the proposed residential sponsor and/or employer, barring a language barrier conflict, through telephone to confirm the information provided by the offender; and

2. Conduct a check of appropriate law enforcement database systems to determine whether the offender has any outstanding charges or restraining orders.

(d) Once the offender has met the requirements, as set forth at N.J.A.C. 10A:72-16.1, 16.2, and 16.3, if applicable, and the assigned parole officer attempts to verify the proposed residential plan and/or employment, as specified at (c)1 above, the offender shall complete the application form to reside outside of the USA. The offender's assigned parole officer shall provide the offender with the application form and assist the offender with the completion of same, as needed.

(e) Once the offender has completed the application form, the offender's assigned parole officer shall complete the request form for an offender to reside outside of the USA. The assigned parole officer shall interview the offender for necessary responses to questions and/or information required for the completion of the request form.

1. The assigned parole officer may provide the offender with an opportunity to rectify any deficiencies with their application form prior to the completion of the request form.

2. The assigned parole officer shall document on the request form whether the offender has satisfied the requirements specified in this subchapter to be eligible to apply to reside outside of the USA.

3. If the assigned parole officer indicates on the request form that the offender has not satisfied the requirements specified in this subchapter to be eligible to apply to reside outside of the USA, the assigned parole officer shall document the specific requirement(s) in which the offender failed to comply with during the application process in the comment section on the request form.

(f) Once the assigned parole officer has completed the request form, the assigned parole officer shall submit the following documentation with the offender's file to the District Parole Supervisor, or designee, for review:

1. An application form;

2. A request form;

3. All supporting documentation from the offender, as required at N.J.A.C. 10A:72-16.2 and 16.3, as applicable; and

4. All chronological supervision report entries since the inception of the offender's current supervision term.

(g) The District Parole Supervisor, or designee, shall review the offender's application, including all of the documentation provided by the assigned parole officer as set forth at (f) above, within 10 business days of the assigned parole officer submitting the application to the District Parole Supervisor, or designee.

(h) If the District Parole Supervisor, or designee, determines that the offender's application is deficient and the offender has not satisfied the requirements specified in this subchapter, the District Parole Supervisor, or designee, shall advise the assigned parole officer that the offender is not eligible to reside outside of the USA at this time and the offender's application shall be denied. The District Parole Supervisor, or designee, shall notify the offender, in writing, of the decision to deny the offender's application and the reasons for the denial.

(i) If the District Parole Supervisor, or designee, has determined that the offender has satisfied the requirements to reside outside of the USA, the District Parole Supervisor, or designee, shall forward, through email, the documentation listed at (f) above to the Director, Division of Parole, or designee, for his or her review.

(j) The Director, Division of Parole, or designee, shall review the offender's request to reside outside of the USA, including all of the documentation provided by the District Parole Supervisor, or designee, pursuant to (f) above, within 10 business days of the District Parole Supervisor, or designee, submitting the application to the Director, Division of Parole, or designee.

(k) If the Director, Division of Parole, or designee, identifies a deficiency(ies) in the offender's application, the Director, Division of Parole, or designee, shall notify the District Parole Supervisor, or designee, through email, of a directive as to how the offender may rectify the deficiency(ies) in their application to reside outside of the USA and request that the offender be notified as to same.

(l) Once the Director, Division of Parole, or designee, has completed his or her review, as specified at (j) above, and has determined that the offender has satisfied the requirements to reside outside of the USA, the District Parole Supervisor, or designee, shall submit the documentation set forth at (f) above to a Board panel designated by the Chairman.

(m) The designated Board panel shall render a final decision regarding the offender's request to reside outside of the USA within 30 days of the receipt of the application.

(n) The offender and the District Parole Office shall be advised, in writing, of the Board panel's decision. If denied, the reasons therefor shall be provided.

N.J. Admin. Code § 10A:72-16.5

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