New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 1 - GENERAL PROVISIONS › Section 10A:72-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
"Central Communications Unit" means the centralized communication center within the Department of Corrections which coordinates communication functions of the Division of Parole on a 24-hour, seven day a week basis.
"Chemical agent" means an aerosol spray which may be used to gain control of individuals who resist arrest or for the purpose of self-defense against an attack.
"Community supervision for life" as established in N.J.S.A. 2C:43-6.4, means a court imposed sentence of community supervision commenced upon completion of sentence, supervised as if on parole on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 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 N.J.S.A. 2C:24-4, luring, or an attempt to commit any such offense. Rules regarding community supervision for life are established at N.J.A.C. 10A:71-6.11.
"Contraband" means any item, article or material found in the possession of, or under the control of, a parolee that is prohibited by conditions of parole and/or community release, or that is prohibited by the Criminal Code of the State of New Jersey.
"Deadly force" means force which is intended to cause, or is likely to cause, death or serious bodily harm.
"Detainer" means a warrant or formal authorization to detain or apprehend a parolee for prosecution or detention by a Federal, State or local law enforcement agency. Detainers may include, but are not limited to:
1. Adjudicated criminal charges for which sentence has been imposed;
2. Criminal charges resulting from indictment, for which there is no final disposition (open charges); 3. Warrants for violation of parole or probation or executive clemency; and 4. Immigration detainers.
"Division of Parole" means the division within the State Parole Board responsible for the supervision of adult offenders released on parole by the State Parole Board from an adult correctional facility; the supervision of offenders who are serving a mandatory period of parole supervision pursuant to N.J.S.A. 2C:43-7.2.c; the supervision of offenders under parole supervision from other states who have been accepted under the terms of the Interstate Compact for Adult Offender Supervision; the supervision of offenders sentenced to community supervision for life; the supervision of offenders sentenced to parole supervision for life; and the supervision of certain Executive Clemency cases.
"Firearm" means any hand gun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.
"Lawfully confined" means custodially confined in a detention facility or county correctional facility or a Department of Corrections' facility. "Mechanical restraints" means restraining devices such as handcuffs, leg irons, and belly chains.
"Non-deadly force" means force used by the parole officer which is not likely to cause death or serious bodily harm.
"Parole officer" means persons with the following Division of Parole titles that shall be sworn as peace officers:
1. Director, Division of Parole;
2. Assistant Director, Division of Parole;
3. Supervising Parole Officer;
4. District Parole Supervisor;
5. Assistant District Parole Supervisor;
6. Senior Parole Officer;
7. Parole Officer Recruit;
8. Chief Investigator Parole & Secured Facilities;
9. Principal Investigator Parole & Secured Facilities; and
10. Senior Investigator Parole & Secured Facilities.
"Parole supervision for life" as established in N.J.S.A. 2C:43-6.4, means a court imposed sentence of parole supervision on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to N.J.S.A. 2C:13-1.c(2), endangering the welfare of a child by engaging in sexual conduct that would impair or debauch the morals of the child pursuant to N.J.S.A. 2C:24-4.a, endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4.b(3), luring, endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4.b(4) or (5), or an attempt to commit any such offense. Rules regarding parole supervision for life are established at N.J.A.C. 10A:71-6.12.
"Parolee" means any inmate who is subject to the parole jurisdiction of the Board and who has been released on parole. "Parolee" shall also include an adult offender under supervision serving a term of mandatory parole supervision pursuant to N.J.S.A. 2C:43-7.2.c; an adult offender under supervision serving a special sentence of community or parole supervision for life; an adult offender who resides in New Jersey under the terms of Interstate Compact for Adult Offender Supervision; and an adult offender placed under supervision by reason of Executive Clemency.
"Probable cause" means reasonable ground(s) of suspicion, supported by circumstances sufficiently strong to warrant a cautious person to believe that criminal activity is taking place.
"Reasonable suspicion" means a belief that an action is necessary based upon specific and articulable facts that, taken together with rational inferences from those facts, reasonably support a conclusion such as that a condition of parole has been or is being violated by a parolee.
"Serious bodily harm" means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
"Unlawful force" means force, including confinement, which is employed without the consent of the person against whom it is directed and the use of which is not permitted by law.
"Warrant" means a writ or precept from an authority in pursuance of law, directing the performance of a specified act, and addressed to a peace officer or person competent to perform the act.
"Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury.