New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 11 - SEX OFFENDER GLOBAL POSITIONING SYSTEM (GPS) MONITORING PROGRAM › Section 10A:72-11.2 - Global positioning system (GPS) monitoring referral procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An offender whose risk of re-offense has been determined to be high pursuant to 2C:7-8 shall be automatically enrolled in the Sex Offender GPS Monitoring Program.
(b) If a parole officer believes that an offender meets the criteria specified in 10A:72-11.1(a)2  and that GPS monitoring is appropriate, the parole officer shall review the offender's case with an Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer for consideration of GPS monitoring.
(c) The Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer shall determine whether the offender's case shall be referred for GPS monitoring.
(d) If the determination is made by the Assistant District Parole Supervisor, District Parole Supervisor, or Supervising Parole Officer that a GPS monitoring referral is appropriate, the offender's case shall be reviewed by the Director, Division of Parole, or designee, to determine whether a GPS monitoring referral is appropriate.
(e) If the determination is made by the Director, Division of Parole, or designee, that a GPS monitoring referral is appropriate, the offender shall be served in person with written notice of the GPS monitoring referral. The written notice shall include the basis for the GPS monitoring referral and shall be accompanied by a copy of an informational statement regarding the conditions of the Sex Offender GPS Monitoring Program.
(f) The offender shall indicate in writing whether he or she contests the basis supporting the GPS monitoring referral.
(g) If the offender does not contest the basis supporting the GPS monitoring referral, the District Parole Office shall notify the Director, Division of Parole, and the referral shall be forwarded to the Director, Division of Parole.
(h) If the offender contests the basis supporting the GPS monitoring referral and exigent circumstances do not exist as to require immediate GPS monitoring, the following procedures shall apply:
1. The offender shall be advised that he or she will have five business days to submit a written statement or documentation to the District Parole Office before the GPS monitoring referral is forwarded by the District Parole Office to the Director, Division of Parole.
2. The offender shall be advised that if the offender fails to submit a written statement or documentation within five business days, the GPS monitoring referral will be forwarded by the District Parole Office to the Director, Division of Parole, immediately upon the expiration of the five business days.
3. The District Parole Office shall forward a copy of the written notice of the GPS monitoring referral to the Director, Division of Parole. If the offender contests the GPS monitoring referral and has submitted a written statement or documentation to the District Parole Office, a copy of the written statement or documentation and an assessment of the written statement or documentation by the District Parole Supervisor or designee shall be forwarded by the District Parole Office to the Director, Division of Parole, for consideration.
4. An offender shall not be precluded from submitting a written statement or documentation to the District Parole Office after the expiration of the five-business-day time period.
5. If the District Parole Office receives a written statement or documentation from an offender after the expiration of the five-business-day time period, the District Parole Office shall forward a copy of the written statement or documentation to the Director, Division of Parole, for consideration.