N.J. Admin. Code § 10A:72-2.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:72-2.4 - Violations of parole

(a) Whenever the parole officer has a reasonable belief that the parolee has violated the conditions of parole, the parolee will receive immediate remedial counseling. If the violation is of a serious or persistent nature, the parole officer shall promptly review the parolee's case with his or her supervisor for the purpose of determining an appropriate response. Such review shall include a formal assessment of the parolee's risk to public safety and current rehabilitative needs.

(b) The response to a violation of a condition of parole shall be proportional to the risk to the community posed by the parolee, the severity of the violation, and the potential for long-term positive outcomes. Responses may include, but not be limited to, the following:

1. An adjustment to the parolee's reporting status;

2. The imposition of any special condition(s) that will reduce the likelihood of recurrence of criminal behavior; or

3. The imposition of a special condition requiring:

i. Assignment to and successful completion of an out-patient substance abuse treatment program or any other recommended treatment program;

ii. Assignment to and successful completion of the electronic monitoring program or Global Positioning System (GPS) monitoring program, wherein electronic monitoring or GPS monitoring serves to address violations of conditions of supervision;

iii. Assignment to, and successful completion of, a community program that provides reentry services; or

iv. Assignment to and successful completion of a residential community-based treatment program.

(c) If the least restrictive responses in (b) above are inappropriate, refer to (d) below.

(d) The parole officer shall initiate revocation procedures pursuant to N.J.A.C. 10A:71-7.1 and 7.2 when it has been determined in consultation with the appropriate supervisor that probable cause exists that a parolee has seriously or persistently violated a condition(s) of parole and that the evidence indicates that the parolee poses a danger to public safety or poses a flight risk.

N.J. Admin. Code § 10A:72-2.4

Amended by 50 N.J.R. 1154(a), effective 4/16/2018

Amended by 53 N.J.R. 1383(b), effective 8/16/2021