N.J. Admin. Code § 10A:72-16.9

Current through Register Vol. 56, No. 11, June 3, 2024
Section 10A:72-16.9 - Voluntary return to the USA
(a) If an offender voluntarily decides to return to the USA, the offender shall contact his or her assigned parole officer to notify the assigned parole officer of the offender's plans to return to the USA. The information, including, but not limited to, the following, shall be communicated between the offender and the assigned parole officer prior to the offender's return to the USA:
1. The reason for the offender's intent to return to the USA;
2. The offender's date and time of planned departure from the country, commonwealth, or territory outside of the USA where the offender was approved to reside;
3. The offender's flight itinerary;
4. The offender's date and time of planned arrival in the USA;
5. The planned duration of the offender's stay in the USA.
i. In the event an offender who has voluntarily returned to the USA intends to return to his or her previously approved residence in a country, commonwealth, or territory outside of the USA within 30 days of his or her return to the USA, the offender may do so with permission from their assigned parole officer provided there have been no significant changes to the offender's previously approved residency plan in the country, commonwealth, or territory outside of the USA. The assigned parole officer shall review the offender's case while the offender is in the USA to determine if the offender's case plan needs to be updated and/or any further action needs to be taken at that time.
ii. If the offender intends to return to his or her previously approved residence or another residence in a country, commonwealth, or territory outside of the USA after 30 days of having returned to the USA, the offender shall comply with the procedures set forth at N.J.A.C. 10A:72-16.2 through 16.7;
6. If the offender's reason for returning to the USA is for visiting purposes, the offender shall provide his or her assigned parole officer with the address where the offender intends to reside while in the USA. The offender shall also provide their assigned parole officer with the contact person's name and telephone number at the residence where the offender will be residing while visiting in the USA.
i. Upon conclusion of the assigned parole officer's investigation of the proposed residence, the assigned parole officer shall advise the offender whether the offender is permitted to reside in the proposed residence while in the USA; and
7. The reporting instructions for the offender upon his or her return to the State of New Jersey within 48 hours of the offender's return to the USA.
(b) The assigned parole officer shall notify the local law enforcement agency and the county prosecutor's office of where the offender will be residing in New Jersey upon his or her return to the USA.
(c) For a sex offender who is required to register as a sex offender, the assigned parole officer shall direct the offender to report to their local law enforcement agency where the offender will be residing in New Jersey within 10 days, to make arrangements to register as a sex offender.
(d) Upon the offender returning to the country, commonwealth, or territory outside of the USA in which the offender is approved to reside, the offender, on the planned departure date, shall contact the offender's assigned parole officer to confirm his or her travel plans for that date.
(e) 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 is approved to reside.

N.J. Admin. Code § 10A:72-16.9

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