N.J. Admin. Code § 13:96-3.2

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

Section 13:96-3.2 - Conditions of parole

(a) A juvenile granted parole shall comply with the following general conditions of parole:

1. Obey all laws and ordinances;

2. Report in person to the Assistant District Parole Supervisor, or his or her designee, or designated representative of the Commission, immediately after the juvenile is released on parole from the facility, unless the juvenile has been given other written instructions by a designated representative of the Commission;

3. Notify the assigned juvenile parole officer no later than the next business day after any arrest, after being served with or receiving a complaint or summons, or after accepting any pre-trial release;

4. Refrain from behavior that results in the issuance of a final restraining or protective order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17et seq., the Sexual Assault Survivor Protection Act of 2015, N.J.S.A. 2C:14-13et seq., or the provisions of similar Federal or state statutes;

5. Notify the assigned juvenile parole officer, no later than the next business day, upon the issuance by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17et seq., the Sexual Assault Survivor Protection Act of 2015, N.J.S.A. 2C:14-13et seq., or the provisions of similar Federal or state statutes, of an order granting emergency relief, a temporary or final restraining or protective order, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation;

6. Comply with any condition established within an order granting emergency relief, a temporary or final restraining or protective order, issued by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17et seq., the Sexual Assault Survivor Protection Act of 2015, N.J.S.A. 2C:14-13et seq., or the provisions of similar Federal or state statutes, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation, until the order is dissolved by the appropriate court or until a condition is modified or discharged by the appropriate court;

7. Reside at a residence approved by the assigned juvenile parole officer. Absence from the approved residence overnight without the written approval of the assigned juvenile parole officer may constitute a failure to reside at the approved residence;

8. Obtain the written approval of the assigned juvenile parole officer prior to any change of residence. Absence from the approved residence for 24 hours or more without the written approval of the assigned juvenile parole officer may constitute a change of residence for the purpose of this condition;

9. Obtain written approval prior to leaving the state of the approved residence for any purpose. If the juvenile is leaving the state for a period of less than 24 hours, written permission of the assigned juvenile parole officer shall be required. If the juvenile is leaving the state for a period of greater than 24 hours, written permission by the supervising juvenile parole officer, assistant district parole supervisor, or designated representative shall be required;

10. Refrain from owning or possessing any firearm, as defined at N.J.S.A. 2C:39-1(f), for any purpose;

11. Refrain from owning or possessing any weapon enumerated at N.J.S.A. 2C:39-1.r;

12. Refrain from the purchase, use, possession, distribution, or administration of any narcotic drug, controlled dangerous substance, or controlled substance analog as defined at N.J.S.A. 2C:35-2; imitation controlled dangerous substance or imitation controlled substance analog as defined at N.J.S.A. 2C:35-11; or any paraphernalia as defined at N.J.S.A. 2C:36-1related to such substances, except when the substances have been prescribed by a physician;

13. Make payment of any assessment, fine, penalty, lab fee, or restitution imposed by the sentencing court in accordance with a reasonable schedule specified by the assistant district parole supervisor, or his or her designee;

14. Register with the appropriate law enforcement agency and, upon a change of address, re-register with the appropriate law enforcement agency if the juvenile parolee is subject to N.J.S.A. 2C:7-2;

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

16. Submit to drug or alcohol testing at any time as directed by the assigned juvenile parole officer;

17. Refrain from operating a motor vehicle without a valid driver's license or a valid learner's permit in accordance with the rules governing learner's permits;

18. Notify the assigned juvenile parole officer no later than the next business day of any change in employment status;

19. Submit to a warrantless search of the juvenile parolee's person, place of residence, vehicle, or other real or personal property within the juvenile parolee's control, and permit confiscation of any contraband, when a juvenile parole officer has a reasonable, articulable basis to believe the search will produce contraband or evidence that a condition of supervision has been violated, is being violated, or is about to be violated, and permit the confiscation of any contraband; and

20. Attend school on a full-time basis, if the juvenile parolee is under 16 years of age.

(b) When the review committee deems it to be in the rehabilitative interest of the juvenile, the review committee may propose, and the Panel may approve and impose, special conditions of parole that are tailored to the individual needs of the juvenile, and that are the least restrictive alternatives necessary to promote the successful return of the juvenile to the community.

1. The Panel may, giving due regard to a victim, impose a special condition that the juvenile parolee have no contact with the victim, which special condition may include, but need not be limited to, restraining the juvenile parolee from entering the victim's residence, place of employment, business, or school, and from harassing or stalking the victim or victim's relatives in any way.

2. A juvenile parolee shall not be required to enter or complete a residential community release program, residential treatment program, or other out-of-home placement as a condition of parole unless it is determined that the condition is necessary to protect the safety of the juvenile parolee.

(c) While the juvenile parolee is on parole, the Director, or his or her designee, may impose special conditions, subject to final approval of the Panel, in lieu of initiating parole revocation proceedings when the special conditions are deemed to be in the rehabilitative or reentry needs of a juvenile parolee. These special conditions shall constitute the least restrictive alternatives necessary to promote the successful continuation of the juvenile parolee in the community.

(d) Notice of the special conditions of parole provided for at (c) above shall be by written notice given to the juvenile parolee by the Director, or his or her designee, immediately upon imposition.

(e) Any special condition imposed in accordance with (c) above shall be deemed to be effective on the date of imposition and shall remain in effect until modified or vacated by the Director, or his or her designee, or the Panel.

(f) A special condition imposed in accordance with (c) above may be modified or vacated by the Director, or his or her designee, when such action is deemed to be in the rehabilitative interests of the juvenile parolee.

(g) When a special condition is added, a copy of the written notice provided for at (d) above shall be forwarded to the Classification Manager and Panel within three days.

N.J. Admin. Code § 13:96-3.2

Recodified to 13:96-6.2 53 N.J.R. 2231(a), effective 12/20/2021