reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.2 - Polygraph examination exclusions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A polygraph examination shall not be administered to an offender who has been formally charged with a new criminal offense or to an offender who is under active investigation by either a law enforcement authority or other State agency.
(b) A polygraph examination shall not be administered to an offender whose case is verified as being on direct appeal to the Superior Court-Appellate Division or Supreme Court of the State of New Jersey.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.3 - Type of polygraph examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An instant offense examination may be administered when either an offender denies guilt regarding the commitment offense or an offender's version of the commitment offense differs significantly from the official version of the commitment offense as noted in the pre-sentence report.
(b) A periodic maintenance examination may be administered to verify the activities, behavior and truthfulness of an offender as related to compliance with the conditions of supervision.
(c) A sexual history examination may be administered to obtain comprehensive information regarding an offender's sexual interests and behaviors in order to identify the offender's predilections and to assist in case planning and treatment objectives.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.4 - Polygraph examination referral procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assigned parole officer shall review the offender's case with an Assistant District Supervisor, District Parole Supervisor, or Supervising Parole Officer for consideration of a polygraph examination, if the assigned parole officer has a reasonable belief that an offender is non-compliant with a condition(s) of supervision; if an offender denies guilt regarding the commitment offense; or if an offender's treatment provider believes that the administration of a polygraph examination would assist in the treatment or supervision of the offender. In addition, the reviewing supervisor must determine that there is a need to obtain and verify information regarding an offender's behaviors and sexual interests.
(b) The Assistant District Parole Supervisor, District Parole Supervisor or Supervising Parole Officer shall determine whether a polygraph examination be administered to the offender. If the determination is made that a polygraph examination shall be administered to the offender, the Assistant District Parole Supervisor, District Parole Supervisor or the Supervising Parole Officer shall determine the type of polygraph examination to be administered to the offender.
(c) If the determination is made that a polygraph examination shall be administered, then the District Parole Supervisor or designee shall assign the offender's case to a polygraph examiner.
(d) The assigned polygraph examiner shall review the case records in advance of the examination and may consult with the assigned parole officer, Assistant District Parole Supervisor, District Parole Supervisor and/or treatment provider in developing appropriate examination questions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.5 - Notification of polygraph examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the determination being rendered that a polygraph examination is to be conducted in the offender's case, the offender shall be provided 30 days notice in writing that the offender has been referred for a polygraph examination. The notice shall specify the type of polygraph examination to be administered and the basis for the polygraph examination.
(b) The notice provided pursuant to (a) above shall be accompanied by a copy of the polygraph examination disclosure form.
(c) Upon the scheduling of the polygraph examination, the offender shall be notified of the scheduled location, date and time of the examination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.6 - Polygraph examination disclosure form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The polygraph examiner, during the pre-examination interview, shall provide the offender with a polygraph examination disclosure form.
(b) The disclosure form shall include, but not be limited to:
1. Notice to the offender regarding the scope of the examination;
2. The consequences for failure to fully participate and cooperate with the examination;
3. The consequences of the offender voluntarily providing identifying information regarding unreported victim(s) or crime(s);
4. The offender's right to remain silent as it relates to divulging identifying information of any unreported victim(s) or crime(s);
5. That the valid exercise of the right to remain silent does not constitute failure to fully participate and/or cooperate with the examination;
i. An offender validly invokes the right to remain silent, without consequence, if the answer to any question asked throughout any portion of the polygraph examination process as defined in
N.J.A.C. 10A:72-3.7(a)
could form the basis of an independent criminal investigation.
6. That the results of the pre-examination interview and post-examination interview and the machine-generated results of the polygraph examination may be used for therapeutic treatment purposes;
7. That the machine-generated results of the polygraph examination shall not be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions;
8. That the results of the pre-examination interview and post-examination interview may be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions; and
9. That the machine-generated results of the polygraph examination shall not be used as evidence in court to prove that a violation of the special sentence of community or parole supervision for life or condition of discharge has occurred.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.8 - Polygraph examination report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The polygraph examiner shall provide immediate verbal notification to the District Parole Supervisor or designated representative of any significant findings, conclusions and/or admissions made during the polygraph examination process.
(b) The polygraph examiner shall prepare a written polygraph examination report detailing the results of the examination and areas of concern and submit the examination report to the District Parole Supervisor within 10 business days of the conclusion of the examination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.9 - Review of polygraph examination report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The District Parole Supervisor, upon receipt of the polygraph examination report or upon verbal advisement from the polygraph examiner of any significant findings, conclusions and/or admissions, shall review the offender's case with the assigned parole officer and/or treatment provider to determine a course of action.
(b) The District Parole Supervisor or designated representative shall immediately refer in writing any voluntary admission(s) made by the offender regarding unreported victim(s) or crime(s) to the appropriate law enforcement and/or other state agency for their review and investigation.
(c) The results of the pre-examination interview and post-examination interview and the machine-generated results of the polygraph examination may be used for therapeutic treatment purposes.
(d) The machine-generated results of the polygraph examination shall not be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions.
(e) The results of the pre-examination interview and post-examination interview may be relied on or cited as evidence to support the filing of criminal charges or to justify the imposition or modification of sanctions, such as special conditions.
(f) Pursuant to
30:4-123.88
, the machine-generated results of the polygraph examination shall not be used as evidence in court to prove that a violation of the special sentence of community or parole supervision for life or condition of discharge has occurred.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.10 - Cost of polygraph examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.8 8, the cost of administering a polygraph examination shall be paid for by the offender.
(b) Upon referral for a polygraph examination, the assigned parole officer shall notify the offender in writing of the offender's obligation to pay the cost of the polygraph examination.
(c) The offender shall not be required to submit payment until the completion of the polygraph examination.
(d) If the polygraph examiner determines not to administer a polygraph examination due to an offender being deemed not suitable for a polygraph examination or due to an offender providing admissions during the pre-examination interview, the offender shall not be required to submit payment.
(e) An offender's inability to pay shall not be deemed a basis for not administering the polygraph examination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.1 - Parole officer authorization to carry firearm while on duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to being permitted to carry a firearm on duty, a parole officer shall:
1. Pursuant to N.J.S.A. 52:17B-66et seq., have taken and successfully completed the Police Training Commission (P.T.C.) approved Basic Course for Police Officers or Basic Course for Investigators; and
2. Have been sworn as a peace officer by taking the oath of office and completing the oath of office form.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.2 - Firearms training, qualification and requalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by 2C:39-1 et seq., all parole officers shall be initially trained and shall qualify in the use and handling of approved on-duty and off-duty firearms.
(b) Parole officers shall requalify semiannually on a range approved by the Police Training Commission.
(c) Only those parole officers who achieve and maintain a minimum score of 80 percent during range qualification and requalification shall be authorized to possess firearms while on-duty and off-duty.
(d) Once a parole officer has qualified with his or her approved firearm, the parole officer shall be required to carry the official State issued badge and photo identification card while on duty.
(e) The Director, Division of Parole, or designee shall maintain a current master list of all parole officers authorized to carry a firearm. The list shall include each parole officer's firearm qualification dates (new or expired), the model name and number of each parole officer's authorized firearm(s) and the serial number of the authorized firearm(s).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.3 - On-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized on-duty firearm shall be the responsibility of the parole officer at all times.
(b) The parole officer shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. During training exercises, range practice, qualification or requalification with the firearm; or
4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the parole officer's duties.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.4 - Use of force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any case when a parole officer uses force while on-duty, the parole officer shall only use that force that is objectively reasonable under the totality of the circumstances as known by the parole officer at the time the parole officer uses force.
(b) A parole officer may use the amount of force reasonably necessary to accomplish the law enforcement objective. If the suspect resists, the parole officer may increase the degree of force as necessary to accomplish the law enforcement objective but as soon as the suspect submits, the parole officer shall reduce the degree of force used.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.5 - Non-deadly force; when justified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The use of non-deadly force against persons is deemed justified only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To prevent damage to property;
4. To prevent escape;
5. To prevent or quell a disturbance;
6. To prevent a suicide or attempted suicide;
7. To enforce conditions of parole; or
8. To effectuate a lawful arrest.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.6 - Deadly force; when authorized

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole officer may use deadly force against persons when the parole officer reasonably believes that a lesser degree of force will be ineffective, and the person(s) presents an imminent threat of deadly force or serious bodily harm to the parole officer or a third party.
(b) Deadly force may be used in the following situations under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq.:
1. When the parole officer reasonably believes that deadly force is imminently necessary to protect himself or herself against the use of unlawful force which the parole officer believes may result in death or serious bodily harm;
2. When the parole officer reasonably believes that deadly force is imminently necessary to protect another against the use of unlawful force which the parole officer believes may result in death or serious bodily harm. However, deadly force is not justifiable if the parole officer can otherwise secure the complete safety of the protected person;
3. When the parole officer reasonably believes that deadly force is immediately necessary to prevent or stop the suspect from committing or continuing a criminal offense which would endanger human life or inflict serious bodily harm upon another person unless the commission or the consummation of the crime is prevented;
4. When the parole officer is authorized to use deadly force to effect an arrest or to prevent the escape of a fleeing suspect if the parole officer has probable cause to believe that the suspect will pose an immediate threat of death or serious bodily harm to human life should the parole officer not take immediate action; and
5. Where the parole officer reasonably believes that deadly force is immediately necessary to prevent the escape of a person committed to a correctional facility for the detention of persons charged with, or convicted of an offense, provided that the parole officer reasonably believes that the force employed creates no substantial risk of injury to innocent persons.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.7 - Use of force against persons other than parolees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appropriate force may be used against persons other than parolees when the parole officer observes what the parole officer believes to be a violation of the law, and when there is also imminent peril of bodily harm to any individual or destruction of property.
(b) Whenever possible, the parole officer shall contact the local law enforcement authorities and district parole office to request assistance before engaging in any use of force.
(c) In situations where a violation of law is suspected, but no imminent danger is present, the parole officer shall immediately contact the local law enforcement authorities and the parole officer's supervisor.
(d) Non-deadly force may be used upon or toward persons other than parolees only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To thwart the commission of a crime involving or threatening bodily harm or damage to property;
4. To prevent a suicide or attempted suicide;
5. To prevent an escape, or flight from arrest for a crime; and/or
6. To effect an arrest for any offense or crime.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.8 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authorization for the use of mechanical restraints, except handcuffs, shall be obtained from a supervisor with the title of Assistant District Parole Supervisor or above. If the safety of the parole officer or security is jeopardized, the parole officer, by reason of his or her experience and best judgment, may use mechanical restraints when authorization can not be obtained.
(b) Mechanical restraints may be used on parolees and lawfully confined persons in the following instances:
1. When transporting or awaiting transport in custody;
2. When the person's history, behavior, present emotional state or current medical advice indicates the likelihood that bodily injury, damage to property or escape will occur;
3. To prevent self-inflicted injury or injury to others; or
4. To prevent property damage.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.9 - Use of chemical agents; storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only Board approved chemical agents shall be used by parole officers.
(b) Whenever chemical agents are used as a means of control the parole officer shall comply with the reporting procedure in 10A:72-4.1 2.
(c) A parole officer is not permitted to carry or use chemical agents unless he or she has received appropriate training and annual retraining in the use and effects of these chemical agents.
(d) After each instance of use, individuals who have been exposed to chemical agents will be provided with medical examination and treatment when necessary.
(e) Chemical agents shall be safely stored, legibly labeled to show the chemical name and expiration date, and properly inventoried to insure security and an adequate unexpired supply.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.10 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All parole officers shall annually receive training in proper methods and techniques of using force and in the legal aspects of using force.
(b) Training in proper methods and techniques of using force shall be provided as part of the Basic Course for Police Officers or Basic Course for Investigators provided at a Police Training Commission-approved training facility and shall be repeated annually.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.11 - Motor vehicle pursuits prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
Parole officers shall not operate a motor vehicle for the purpose of engaging in a motor vehicle pursuit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.12 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole officer shall immediately contact his or her supervisor and shall write a special report when the parole officer participated in or witnessed an incident in which:
1. A firearm was discharged outside of the firing range;
2. A use of force resulted in death or serious bodily injury; or
3. A suspect alleged that a serious bodily injury had been inflicted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 4 - USE OF FORCE WHILE ON-DUTY › Section 10A:72-4.13 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parole officer or parole staff member action which does not conform to the provisions of this subchapter and any procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the parole officer or parole staff member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.1 - Authorized off-duty firearm, ammunition, and holsters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parole officers shall be authorized only one firearm for off-duty use.
(b) Prior to being permitted to carry a firearm off-duty, parole officers shall meet the following requirements:
1. Pursuant to N.J.S.A. 52:17B-66et seq., have taken and successfully completed the Police Training Commission (P.T.C.) approved Basic Course for Police Officers or Basic Course for Investigators; and
2. Have been sworn as peace officers by taking the oath of office and completing the OATH OF OFFICE form.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.2 - Off-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized off-duty firearm shall be the responsibility of the parole officer at all times.
(b) The parole officer shall not be authorized to carry his or her off-duty firearm to and from work unless the parole officer elects to carry his or her authorized on-duty firearm as his or her sole authorized off-duty firearm.
(c) The parole officer shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. During training exercises, range practice, qualification or requalification with the firearm; or
4. When circumstances create a reasonable belief that it may be necessary to use the firearm in conformance with this policy.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.3 - Firearms training, qualification and requalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by 2C:39-1 et seq., all parole officers shall be initially trained and shall qualify in the use and handling of approved on-duty and off-duty firearms.
(b) The parole officer shall requalify at least annually on a range approved by the Police Training Commission.
(c) Only those parole officers who achieve and maintain a minimum score of 80 percent during range qualification and requalification shall be authorized to possess firearms while on-duty and off-duty.
(d) Parole officers authorized to carry an off-duty firearm shall be required to carry the official badge and photo identification card of the Board while carrying their off-duty firearm.
(e) The Director, Division of Parole or designee, shall maintain a current master list of all parole officers authorized to carry an off-duty firearm. The list shall include each parole officer's off-duty firearm qualification date(s) (new or expired), the model name and number of each parole officer's authorized off-duty firearm and the serial number of the authorized off-duty firearm.
(f) Should the parole officer's authorized personal firearm become unusable, stolen or unserviceable and the parole officer selects a personal firearm different from the one originally qualified for use, the parole officer shall requalify on the different firearm before the weapon can be used. This qualification may be completed prior to the next annual firearms qualification period.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.4 - Use of force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Although 2A:154-4 authorizes parole officers to exercise law enforcement powers, no parole officer is required to exercise these powers or to carry arms during off-duty hours.
(b) Parole officers, while off-duty, shall not become involved with routine law enforcement duties as they apply to local law enforcement agencies. When a parole officer observes what he or she believes to be a violation of the law, the parole officer shall take note of the vehicle description(s), license plate number(s), identifying characteristics of person(s) involved, and other relevant information and report such information to the local law enforcement agency having jurisdiction and to the Director, Division of Parole.
(c) In cases where a parole officer has passed the qualifying firearms examination and does elect to carry a firearm off-duty, the utmost discretion shall be exercised by the parole officer to determine when and under what conditions to use reasonable force.
(d) Any use of force while off-duty shall be in accordance with the requirements of this subchapter.
(e) A parole officer shall be deemed to have acted within the scope of his or her employment or in the law and enforcement interest of the State of New Jersey if the parole officer exercises police powers in accordance with the provisions of this chapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.5 - Use of non-deadly force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever non-deadly force is used off-duty, the reasonable force possible under the circumstances shall be used.
(b) Non-deadly force may be used off-duty when the parole officer believes it to be immediately necessary in order to:
1. Protect self or others against the use of unlawful force;
2. Protect self or others against death or serious bodily harm;
3. Prevent a suicide or attempted suicide;
4. Thwart the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace;
5. Prevent an escape; or
6. Effect an arrest for any offense or crime under the laws of the State of New Jersey subject to (c) below.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.6 - Use of deadly force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.
(b) Deadly force may be used in the following situations under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq.:
1. When the parole officer reasonably believes that deadly force is imminently necessary to protect himself or herself against the use of unlawful force which the parole officer believes may result in death or serious bodily harm;
2. When the parole officer reasonably believes that deadly force is imminently necessary to protect another against the use of unlawful force which the parole officer believes may result in death or serious bodily harm. However, deadly force is not justifiable if the parole officer can otherwise secure the complete safety of the protected person;
3. When the parole officer reasonably believes that deadly force is immediately necessary to prevent or stop the suspect from committing or continuing a criminal offense which would endanger human life or inflict serious bodily harm upon another person unless the commission or the consummation of the crime is prevented;
4. The parole officer is authorized to use deadly force to effect an arrest or to prevent the escape of a fleeing suspect if the parole officer has probable cause to believe that the suspect will pose an immediate threat of death or serious bodily harm to human life should the parole officer not take immediate action; and
5. Where the parole officer reasonably believes that deadly force is immediately necessary to prevent the escape of a person committed to a correctional facility for the detention of persons charged with, or convicted of an offense, provided that the parole officer reasonably believes that the force employed creates no substantial risk of injury to innocent persons.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.7 - Unauthorized carrying of firearms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parole officer shall not be authorized to carry a firearm in the following instances:
1. When the Chairperson, Executive Director of the Board, the Director, Division of Parole, or designee, has suspended the parole officer from duty;
2. When there are pending charges or ongoing investigations of alleged incidents involving the misuse of a firearm; or
3. Any other situation where the Director, Division of Parole, or designee, may exercise his or her authority to withdraw firearms privileges, subject to the review by the Chairperson or Executive Director of the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.8 - Possession of firearms within a casino or casino simulcasting facility

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to N.J.A.C. 19:45-1.1 3, a parole officer shall not possess or be permitted to possess a firearm within a casino or casino simulcasting facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.9 - Motor vehicle pursuits prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
Parole officers shall not operate a motor vehicle for the purpose of engaging in a motor vehicle pursuit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.10 - Reporting incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an authorized off-duty firearm is believed to have been lost or stolen, the parole officer shall report this fact to the local law enforcement authorities and to the Director, Division of Parole, or designee within three hours from the time the parole officer is aware that the firearm is missing.
(b) When an official photo identification card or badge of the Board is believed to have been lost or stolen, the parole officer shall notify the local law enforcement authorities and the Director, Division of Parole, or designee as soon as practicable.
(c) Except as outlined in 10A:72-5.2(c), the parole officer shall immediately and without exception report to the local law enforcement authorities and the Director, Division of Parole, any incident where the parole officer has displayed, drawn or fired his or her off-duty firearm, or any incident or injury which occurred from the use of the parole officer's firearm.
(d) On the next working day after any incident as described in (a), (b) or (c) above, the parole officer shall report in writing to the Director, Division of Parole, or designee, the facts of the incident and identifying particulars of the incident. The Director, Division of Parole, or designee, shall forward the report for review to the Chairperson, the Executive Director of the Board and Office of Professional Standards of the Board.
(e) The parole officer shall, within three days, report to the Director, Division of Parole, or designee, in writing whenever a registered authorized off-duty firearm has been sold or is no longer in use.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 5 - USE OF PERSONAL FIREARMS AND USE OF FORCE WHILE OFF-DUTY › Section 10A:72-5.11 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parole officer actions which do not conform to the provisions of this subchapter and any procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the parole officer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.1 - Search of parolees; when authorized; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parolee may be subject to a protective frisk at any time.
(b) A search of a parolee may be conducted by a parole officer at any time when that parole officer has a reasonable, articulable suspicion to believe that the search of the parolee will produce contraband or evidence indicating that the parolee has violated or is violating a condition of parole.
(c) A search of a parolee shall be carried out in a reasonable manner and shall be reasonably related to the purpose of parole and the function of the parole officer.
(d) A search of a parolee shall be conducted while the parolee is fully clothed and shall include, but is not limited to, the touching of the parolee's body through clothing, a thorough examination into pockets, cuffs and seams, the touching of the parolee's hair, and all personal property within the parolee's immediate control.
(e) A search of a parolee may be conducted by a parole officer of either gender.
(f) A parole officer shall not be authorized to conduct a strip or body cavity search of a parolee.
(g) A parolee shall be searched prior to being transported pursuant to
N.J.A.C. 10A:72-8.1
to
8.4
.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.3 - Search of a parolee's residence; when authorized

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parole officer may conduct a search of a parolee's residence when:
1. There is a reasonable articulable suspicion to believe that evidence of a violation of a condition of parole would be found in the residence or contraband which includes any item that the parolee cannot possess under the conditions of parole is located in the residence; and
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.4 - Search of a motor vehicle; when authorized

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parole officer may stop and conduct a search of a motor vehicle owned and/or operated by a parolee when there is a reasonable articulable suspicion to believe that:
1. Evidence of a violation of a condition of parole would be found in the motor vehicle or contraband which includes any item that the parolee cannot possess under the conditions of parole is located in the vehicle; and
2. An Assistant District Parole Supervisor or a higher level supervisor provides prior approval for the search or circumstances exist which require immediate action without prior approval from a supervisor.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.5 - Search of objects in a motor vehicle

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In an authorized motor vehicle search, a parole officer may search all objects that appear to be owned or possessed by the parolee.
(b) In an authorized motor vehicle search, a parole officer may search all objects that are jointly shared by both the parolee and other person(s) in the motor vehicle even if that person(s) objects to the search.
(c) In an authorized motor vehicle search, a parole officer shall not search any object that is exclusively owned or possessed by another person(s) in the motor vehicle unless the other person(s) provides written voluntary consent to the search.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.6 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole officer shall record incidents in which a search of a parolee, residence or vehicle was conducted in the Chronological Supervision Report.
(b) The Chronological Supervision Report shall contain a minimum of the following information:
1. A description of the events leading up to the search;
2. The parole officer's reasonable suspicion and basis for the search;
3. A description and the disposition of any items, articles, or materials determined to be contraband found as a result of the search; and
4. Any other relevant facts or comments about the search.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.7 - Testing for substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testing shall be conducted for the purpose of deterring the use of, or to detect the presence of, controlled dangerous substances or alcohol.
(b) Parolees may be tested for the use or presence of controlled dangerous substances or alcohol at any time pursuant to N.J.A.C. 10A:71-6.4(a)17, 6.11(b)16, and 6.12(d)16.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 6 - SEARCH AND URINE MONITORING OF PAROLEES AND INMATES › Section 10A:72-6.8 - Collection, storage and analysis of specimens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testing for prohibited substances shall be conducted by staff who have been trained to perform the test(s).
(b) Test specimens shall be collected, labeled, handled and when necessary, sealed, stored, and transported in accordance with the instructions/standards provided by the manufacturer of the test.
(c) Testing shall be conducted using methods deemed reliable by the Board.
(d) If the initial test result is positive, the specimen shall be subject to a confirmation test of equal or greater sensitivity than the initial test.
(e) Each time a specimen is collected for the reasons stated in 10A:72-6.7, a continuity of evidence form provided by the Board shall be completed and submitted with the specimen to the parole officer's district parole office which is responsible for maintaining custody over the specimen until on-site testing or specimen transfer to the testing laboratory.
(f) The parolee shall not be considered in violation of a parole condition for refusal to provide a specimen or failing to comply with an order to submit a specimen unless that parolee has been given a reasonable physical opportunity to comply with such order.
1. For the purposes of urine testing, a reasonable physical opportunity shall constitute a two hour period from the time of the initial order.
2. The parolee shall not be deemed to have complied with the order to submit a specimen unless he or she provides a specimen in the presence of the parole officer, parole staff member or authorized treatment staff member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 7 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:72-7.1 - Procedures for handling contraband upon discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an item, article, or material is determined to be contraband pursuant to
N.J.A.C. 10A:72-1.1
, the contraband shall be immediately seized.
(b) The parole officer shall record, in an investigation report, the incident, including the type and amount of the contraband and whether the contraband was submitted to the local law enforcement jurisdiction, the county prosecutor's office, or maintained by the Division.
(c) Precautions shall be taken to assure the continuity of possession of contraband in accordance with accepted legal procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 8 - TRANSPORTATION OF PAROLEES IN CUSTODY › Section 10A:72-8.1 - Use of State owned and privately owned vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parolees shall be transported in State owned vehicles, except in emergencies when no such vehicle is available.
(b) In emergencies when no State vehicle is available and the parole officer chooses to transport parolees in a privately owned vehicle, the parole officer shall secure prior approval to transport parolees in the privately owned vehicle from the Director, Division of Parole, or designee. If approval is granted, the parole officer shall be:
1. Made aware of Board policy regarding the use of private vehicles and the liability provisions currently applicable as established by the Division of Budget and Accounting of the New Jersey Department of the Treasury; and
2. Required to furnish proof that the privately owned vehicle is properly licensed, registered and insured as soon as practicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 8 - TRANSPORTATION OF PAROLEES IN CUSTODY › Section 10A:72-8.2 - Transport of parolees in custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State owned vehicles used to transport parolees in custody shall be equipped with protective screening devices to separate parolees from the driver.
(b) Opening devices on the inner rear doors and windows of State owned passenger sedans shall be made inoperable for parolees.
(c) The rear door locking mechanism of the State owned vehicle shall be modified so that it is redirected, making it accessible to the parole officer only when the front door is open.
(d) The standard State owned passenger sedan or van shall be used only in lieu of more secure but unavailable vehicles.
(e) Vehicles used to transport parolees in custody shall be thoroughly searched for contraband by the transporting parole officer(s) before and after being used.
(f) Parole officers transporting parolees shall be provided with necessary mechanical restraints that shall be used in accordance with N.J.A.C. 10A:72-4.8.
(g) Parole officers transporting parolees in custody shall be armed with Board authorized weapons and ammunition. Any use of force shall be governed by N.J.A.C. 10A:72-4.
(h) Only properly trained parole officers shall transport parolees in custody. Such parole officers shall have been fully trained in the following areas:
1. Use of weapons and mechanical restraint equipment; and
2. Effective search for contraband of parolees, their personal property and transportation vehicles.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 8 - TRANSPORTATION OF PAROLEES IN CUSTODY › Section 10A:72-8.3 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole officer shall immediately notify the Central Communications Unit of the New Jersey Department of Corrections if an emergency arises during the transportation of a parolee.
(b) If time or other considerations make it impossible to contact the Central Communications Unit, the local police authorities shall be notified by the parole officer without prior clearance.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 8 - TRANSPORTATION OF PAROLEES IN CUSTODY › Section 10A:72-8.4 - Medical transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In emergency situations when a non-ambulatory parolee in custody is in need of hospitalization or treatment, the parolee shall be transported by ambulance or by a State owned vehicle if an ambulance is unavailable. A State owned vehicle shall be used to transport an ambulatory parolee who is in need of hospitalization or treatment.
(b) When a parolee in custody is transported by ambulance, the parole officer shall accompany the parolee in the ambulance and another parole officer shall follow the ambulance in a backup car.
(c) The use of mechanical restraints and equipment when transporting a parolee in custody for hospitalization or treatment shall be governed by N.J.A.C. 10A:72-4.8 and the nature of the illness or injury.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 9 - VOLUNTEERS IN PAROLE PROGRAM (V.I.P.P.) › Section 10A:72-9.1 - Volunteers in Parole Program (V.I.P.P.) Supervisor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Volunteers in Parole Program (V.I.P.P.) Supervisor, serving under the Director, Division of Parole, shall be responsible for the administration of the V.I.P.P. The V.I.P.P. Supervisor shall:
1. Disseminate the policies and procedures of V.I.P.P. as established by the Board;
2. Monitor and evaluate V.I.P.P. activities; and
3. Submit monthly and annual reports on V.I.P.P. activities to the Director, Division of Parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 9 - VOLUNTEERS IN PAROLE PROGRAM (V.I.P.P.) › Section 10A:72-9.2 - District Volunteers in Parole Program (V.I.P.P.) Coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The District Parole Supervisor shall designate a District V.I.P.P. Coordinator who shall be responsible for the coordination and supervision of V.I.P.P. activities within the District Office. The District V.I.P.P. Coordinator shall:
1. Recruit volunteers;
2. Assist in the orientation and training of volunteers;
3. Coordinate the interviewing, screening and approval of volunteers;
4. Assign volunteers to appropriate activities and/or services;
5. Coordinate and monitor the supervision of volunteers; and
6. Prepare annual reports of V.I.P.P. activities.