N.J. Admin. Code § 13:95-21.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:95-21.3 - Written reports regarding release of a juvenile from custody

(a) Written reports regarding the release of a juvenile from custody shall be provided in accordance with 30:4-6.1 and 30:4-82.4.

(b) No less than 90 days before the date on which a juvenile's maximum term is scheduled to expire, the Director of Operations or designee shall provide written notification of the juvenile's status to the Attorney General and the prosecutor of the county from which the juvenile was committed when:

1. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute aggravated sexual assault, sexual assault or aggravated criminal sexual contact, and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;

2. The Superintendent of the secure facility in which the juvenile has been confined has advised the Executive Director or designee that the conduct of the juvenile during the period of confinement, the juvenile's mental condition, or, if 18 years of age or older, the juvenile's past history indicates that the juvenile may be "in need of involuntary commitment," as that term is defined in 30:4-27.2;

3. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute "sexually violent offense" as defined in 30:4-27.2 6; or

4. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of 2C:24-4; luring or enticing pursuant to 2C:13-6; or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

(c) Except as provided in (b) above, and unless the juvenile is released on parole, in which case the State Parole Board shall notify the prosecutor of the release under the provisions of N.J.A.C. 10A:71-3, pursuant to N.J.S.A. 30:4-6.1 and 30:4-123.53a, the Superintendent or designee of the secure facility in which a juvenile is confined shall provide written notification to the prosecutor of the county from which the juvenile was committed 90 days before a juvenile's anticipated release whenever possible, but in no event fewer than 30 days before release if such release is due to the expiration of the juvenile's maximum term or any other release of a juvenile from custody.

(d) All written reports provided in accordance with this section shall include the juvenile's name, identifying information and anticipated residence.

N.J. Admin. Code § 13:95-21.3

Amended by 51 N.J.R. 1776(a), effective 12/2/2019