N.J. Admin. Code § 8:43B-3.3

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

Section 8:43B-3.3 - Standards for a rehabilitation review

(a) Within 30 days of the date of the Department issuing a notice of disqualification pursuant to N.J.A.C. 8:43B-3.1, the disqualified applicant and/or non-client adult resident of the proposed AFC home may submit to the Department evidence that affirmatively demonstrates rehabilitation.

(b) In determining whether a disqualified person is rehabilitated, the Department shall consider the following factors, as applicable:

1. The nature and seriousness of the offense;

2. The circumstances under which the offense was committed;

3. The date of the offense;

4. The age of the person when the offense was committed;

5. Whether the offense was an isolated or repeated incident;

6. Any social conditions that may have contributed to the offense; and

7. Any evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

(c) Each request for a determination of rehabilitation shall include, at a minimum:

1. A personal statement from the person that provides details of the offense, including:

i. The nature of the offense;

ii. The circumstances of the offense;

iii. The person's age at the time of the offense;

iv. Any circumstances that may have contributed to the offense, but have since changed, such as a prior substance use disorder; and

v. Any additional information that the person wishes the Department to consider, such as letters of reference from employers or instructors, character letters, or proof of completion of educational or vocational training; and

2. Any person who had been under a term of probation or parole must submit documents indicating that the person has completed all requirements of his or her supervision and has been discharged from probation or parole.

N.J. Admin. Code § 8:43B-3.3

Adopted by 55 N.J.R. 377(a), effective 3/6/2023