N.J. Admin. Code § 10A:72-16.7

Current through Register Vol. 56, No. 11, June 3, 2024
Section 10A:72-16.7 - Departure planning upon approval to reside outside of the USA
(a) When meeting with the offender to discuss the offender's out-of-country departure plans, the assigned parole officer shall inform the offender that he or she must obtain and maintain a valid passport for the USA that is in compliance with all current and updated requirements, as set forth by the Department of Homeland Security and/or any other issuing agency(ies), if the offender has been approved to reside in a country, commonwealth, or territory outside of the USA.
(b) The assigned parole officer shall advise the offender that travel arrangements resulting in the offender's departure from the USA to a country, commonwealth, or territory outside of the USA must be made within 180 days from the date of the approval by the designated Board panel.
1. An additional 180-day extension may be granted by the Director, Division of Parole, or designee, to allow the offender additional time to arrange their travel departure plans.
2. In the event an additional 180-day extension is denied and/or the offender fails to depart from the USA to the country, commonwealth, or territory they were approved to reside by the established deadline, the offender's permission to reside outside of the USA shall be deemed to be void. If deemed void and the offender wishes to resubmit his or her application and request to reside outside of the USA, the offender may do so pursuant to N.J.A.C. 10A:72-16.2 and 16.3, if applicable.
(c) The offender shall be required to provide proof to his or her assigned parole officer of the offender's valid passport, prior to the offender being granted permission to depart from the USA.
(d) Once the offender has satisfactorily provided proof of his or her valid passport, the assigned parole officer shall issue the offender a travel permit authorizing the offender to depart from the USA on the authorized date of departure.
(e) For a sex offender who has a registration requirement as a sex offender, the offender shall report to his or her local law enforcement agency where he or she currently resides, within 10 days of their planned departure, in order to unregister as a sex offender, effective as of the planned date of their departure from the USA.
(f) Within seven business days of the offender's planned departure date, the assigned parole officer shall meet with the offender to review the offender's travel plans, the offender's Case Plan Agreement, and all of the conditions of supervision for which the offender must abide by while residing outside of the USA.
1. The assigned parole officer shall remind the offender that he or she may voluntarily return to the USA. The offender shall be directed to contact the assigned parole officer prior to doing so, and the offender shall be directed to report in-person to the District Parole Office within 48 hours upon his or her arrival in the USA.
2. The assigned parole officer shall remind the offender that he or she must report back to the USA, if directed to do so by the Board, and that the offender must report to the District Parole Office within 48 hours upon his or her arrival in the USA.
(g) On the planned departure date, the offender shall contact their assigned parole officer to confirm his or her travel plans for that date.
(h) The assigned parole officer shall direct the offender to contact him or her upon their arrival in the country, commonwealth, or territory outside of the USA in which the offender was approved to reside.
(i) The assigned parole officer shall direct the offender to provide the assigned parole officer with the offender's new contact information within 30 days of his or her arrival in the country, commonwealth, or territory outside of the USA in which the offender was approved to reside.

N.J. Admin. Code § 10A:72-16.7

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