N.J. Admin. Code § 10A:72-16.6

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

Section 10A:72-16.6 - Review of the Board panel decision by parole officer with the offender

(a) If the offender's request to reside outside of the USA was denied by the designated Board panel, the assigned parole officer shall schedule a meeting with the offender within five business days of receiving the notification of the Board panel's decision in order to provide the offender with a copy of same and to review the reasons for the denial with the offender.

1. An offender may appeal the denial of their request to reside in a country, commonwealth, or territory outside of the USA, pursuant to N.J.A.C. 10A:71-4.4.

(b) If the offender's request to reside outside of the USA was approved by the designated Board panel, the assigned parole officer shall schedule a meeting with the offender within five business days from the date of receiving the notification of the Board panel's decision in order to provide the offender with a copy of same and to discuss the offender's out-of-country departure plans.

(c) The offender shall be served with the following special conditions, as well as any other special conditions deemed reasonable in order to reduce the likelihood of recurrence of criminal behavior that may be imposed upon the offender:

1. Maintain a valid passport for the USA.

i. In the event the offender has been approved to reside in a USA territory outside of those listed at N.J.A.C. 10A:72-16.1(a), a requirement for the offender to comply with all supervision requirements and special conditions imposed by the parole supervision authority in the USA territory in which the offender has been approved to reside;

2. Comply with all laws and ordinances, including sex offender registration laws, where applicable, of the country, commonwealth, or territory in which the offender was approved to reside outside of the USA;

3. Contact the assigned parole officer through an available means of video communication or other specified means of communication, as directed by the assigned parole officer;

4. Notify the assigned parole officer of any address change(s) and provide the new address information prior to the offender changing residences in the country, commonwealth, or territory in which the offender was approved to reside outside of the USA;

5. 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 provide laboratory reports with confirmation of the results from all tests conducted;

6. Provide documented proof of a legitimate source of income, upon request;

7. Sign any release of records and/or information forms, as determined by the Board;

8. Report to the District Parole Office, within 48 hours of their arrival in the USA, in the event the offender voluntarily returns to the USA at any point in time;

9. Immediately return to the USA, as directed to do so by the Board, and report to the District Parole Office, as directed, within 48 hours of their arrival in the USA; and

10. Waive extradition to the State of New Jersey from any jurisdiction in which the offender is apprehended and detained for violation of parole and not to contest any effort by any jurisdiction to return the offender to the State of New Jersey.

(d) Before being permitted to reside outside of the USA, the offender shall be required to abide by the Case Plan Agreement and the special conditions, as evidenced by his or her signature affixed to the Case Plan Agreement and special condition form(s).

(e) If the offender should decline to abide by the Case Plan Agreement and special conditions, the decision to authorize the offender to reside outside of the USA shall be deemed to be suspended. The appropriate Board panel shall be notified, accordingly.

N.J. Admin. Code § 10A:72-16.6

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