reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.7 - Preliminary hearing; notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the responsibility of the parole officer or the District Parole Supervisor to give written notice to the parolee of the time, date, and place of the preliminary hearing at least three days prior to the preliminary hearing unless the parolee waives such notice.
(b) Such notice shall be served upon the parolee by personal service or by regular mail to the institution where the parolee is housed or to the address of record.
(c) Such notice shall inform the parolee of the purpose of the hearing; the violation(s) of parole conditions alleged; the time, date, place and circumstances of the alleged violation(s); the possible action which may be taken as a result of revocation proceedings; and the following rights to which the parolee shall be entitled at the preliminary hearing:
1. The right to appear and speak in his or her own behalf and to be aided by an interpreter if such aid is determined to be necessary by the hearing officer.
2. The right to representation by an attorney or such other qualified person as the parolee may retain, or if the parolee is determined to be indigent, the right to representation by an attorney assigned pursuant to the pro bono assignment program, provided the parolee first makes such a request based on a timely and colorable claim that:
i. The parolee did not commit the alleged violation of the specified parole condition(s); or
ii. The parolee did commit the violation of the specified parole condition(s), but there are substantial reasons which justified or mitigated the violation(s) and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present.
3. The right to remain silent.
4. The right to present witnesses to testify in his or her behalf as to matters relevant to the alleged violation(s) of parole.
5. The right to confront and cross-examine adverse witnesses, unless the hearing officer determines that such witnesses would be subjected to risk or harm.
6. The right to present documentary evidence and any other relevant material or information.
7. The right to waive such hearing.
8. The right to request postponement of such hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.8 - Preliminary hearing; determination of probable cause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the preliminary hearing, the hearing officer shall determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of his or her parole and whether revocation of parole is desirable.
(b) Immediately upon such determination, the hearing officer shall verbally advise the parolee of the determination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.9 - Status of parolee pending parole revocation hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing officer shall order the immediate withdrawal of the warrant, except as provided in (b) below, if he or she determines that:
1. Probable cause does not exist to believe that the parolee has seriously or persistently violated conditions of parole; or
2. Probable cause does exist to believe that the parolee has seriously or persistently violated conditions of parole but that revocation of parole is not desirable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.10 - Record of the preliminary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing officer shall record the preliminary hearing by an electronic recording device. If the electronic recording device is not operational, the hearing shall proceed only upon the parolee waiving the electronic recording of the hearing. The waiver shall be in writing and signed by the parolee and shall be made a part of the parolee's records. If the parolee does not wish to proceed without the electronic recording of the hearing, the hearing shall be rescheduled within 14 days.
(b) Within seven days of the date of the preliminary hearing, the hearing officer shall prepare a written summary that shall summarize the preliminary hearing and contain the reasons for the hearing officer's opinion as to whether probable cause does or does not exist and the reason(s) therefor.
1. The hearing summary shall be forwarded to the appropriate Board panel.
2. A copy of the hearing summary shall be forwarded to the parolee's attorney, or directly to the parolee where he or she has appeared pro se, in order that the parolee or his or her attorney may object to, or comment on, the hearing summary by submitting written exceptions to such summary. Such exceptions shall be forwarded to the appropriate Board panel within seven days after receipt of the hearing officer's hearing summary. A copy of the hearing summary shall also be forwarded to the District Parole Supervisor.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.11 - Board panel action pending revocation hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate Board panel shall review the hearing officer's hearing summary and any written exceptions within 15 days of the date of the preliminary hearing. After consideration of the hearing summary and any written exceptions thereto, the Board panel shall determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of his or her parole and whether revocation of parole is desirable. The Board panel members shall not receive or consider any ex parte communication. The parolee's case shall be decided on the basis of the established record.
1. If probable cause does not exist, the Board panel shall authorize the release of the parolee, if in custody, and may modify the conditions of parole or establish appropriate special parole conditions.
2. If probable cause does exist, the parolee shall be continued in custody or taken into custody only where, in the opinion of the Board panel, the parolee represents a danger to public safety or where the parolee may not appear at the revocation hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.12 - Parole revocation hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parole revocation hearing shall be conducted when:
1. A hearing officer determines that probable cause exists to believe that the parolee has seriously or persistently violated the conditions of parole and that revocation of parole is desirable; or
2. The parolee has been convicted of a crime committed while on parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.13 - Revocation hearing; scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in this subchapter, the revocation hearing shall be conducted within 60 days of the date the parolee was taken into custody as a parole violator, or, where the parolee was sentenced or committed to a State or county correctional facility within 60 days of the date of sentence or commitment.
(b) A revocation hearing may be conducted by videoconferencing. A record of the hearing shall be made pursuant to 10A:71-7.1 6(a).
(c) If the parolee requests a postponement of the revocation hearing and the parolee is currently in custody, such postponement shall be granted by the Board panel for good cause. Such request shall be made in writing and the Board panel shall record such request and the determination of the Board panel in the parolee's case record.
(d) If the hearing officer requests a postponement of the revocation hearing, such postponement, if granted, shall not exceed 120 days from the original deadline determined pursuant to (a) above.
(e) If the request for postponement by the hearing officer, parole officer, or by a parolee is due to unanticipated scheduling problems or other emergent circumstances, such postponement shall be granted by the appropriate Board panel and shall not exceed 60 days from the originally scheduled date of hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.14 - Revocation hearing; notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the responsibility of designated Board staff to give written notice to the parolee of the time, date and place of the revocation hearing.
(b) Such notice shall be served upon the parolee by personal service or by regular mail to the institution where the parolee is housed or to the parolee's address of record.
(c) Such notice shall inform the parolee of the following: the purpose of the hearing; the violation(s) of parole conditions alleged; the time, date, place and circumstances of the alleged violation(s); the name(s) of any witness(es) scheduled to appear at the hearing; and the following rights to which the parolee shall be entitled at the revocation hearing:
1. The right to appear and speak in his or her own behalf and to be aided by an interpreter, if such aid is determined to be necessary by the hearing officer.
2. The right to representation by an attorney or such other qualified person as the parolee may retain, or if the parolee is determined to be indigent, the right to representation by an attorney assigned pursuant to the pro bono assignment program, provided the parolee first makes such a request based on a timely and colorable claim that:
i. The parolee did not commit the alleged violation of the specified parole condition(s); or
ii. The parolee did commit the violation of the specified parole condition(s), but there are substantial reasons which justified or mitigated the violation(s) and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present.
3. The right to remain silent.
4. The right to present witnesses to testify in his or her behalf as to matters relevant to the hearing.
5. The right to have the hearing officer issue a subpoena to compel the appearance of witnesses, provided that a prima facie showing is made that the prospective witnesses will provide material testimony relevant to the alleged violation(s) of parole.
6. The right to confront and cross-examine adverse witnesses, unless the hearing officer determines that such witnesses would be subject to risk of harm.
7. The right to present documentary evidence and any other relevant material or information.
8. The right to waive such hearing.
9. The right to request postponement of such hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.15 - Status of parolee pending Board panel action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing officer shall immediately withdraw the warrant, except as provided in (b) below, if he or she determines upon the conclusion of the parole revocation hearing that:
1. Clear and convincing evidence does not exist to believe that the parolee has seriously or persistently violated conditions of parole; or
2. Clear and convincing evidence does exist to believe that the parolee has seriously or persistently violated conditions of parole but that revocation of parole is not desirable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.16 - Record of the revocation hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing officer shall record the revocation hearing by an electronic recording device. If the electronic recording device is not operational the hearing shall proceed only upon the parolee waiving the electronic recording of the hearing. The waiver shall be in writing and signed by the parolee and shall be made a part of the parolee's records. If the parolee does not wish to proceed without the electronic recording of the hearing, the hearing shall be rescheduled within 14 days.
(b) Within seven days of the date of the revocation hearing, the hearing officer shall prepare a written summary, which shall summarize the revocation hearing and contain the hearing officer's opinion as to whether the alleged violation(s) has been substantiated and the reason(s) therefor.
1. Such hearing summary shall be forwarded to the appropriate Board panel.
2. A copy of the hearing summary shall be forwarded to the parolee's attorney or directly to the parolee where he or she has appeared pro se in order that the parolee, or his or her attorney, may object to, or comment on, the hearing summary by submitting written exceptions to such summary. Such exceptions shall be forwarded to the appropriate Board panel within seven days after receipt of the hearing officer's hearing summary. A copy of the hearing summary shall also be forwarded to the District Parole Supervisor.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.18 - Revocation hearing; notice of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 21 days of the revocation hearing, the appropriate Board panel shall issue a written Notice of Decision to the parolee and the parolee's attorney, the District Parole Supervisor, and the Department.
(b) Such Notice of Decision shall consist of:
1. The decision of the Board panel;
2. The particular reasons for the decision and the facts relied upon, except information classified as confidential pursuant to N.J.A.C. 10A:71-2.2; and
3. The future parole eligibility date established pursuant to N.J.A.C. 10A:71-7.17.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.19 - Adult Diagnostic and Treatment Center examination for sex offenders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a parolee has been sentenced and paroled under provisions of the "Sex Offender Act," N.J.S.A. 2A:164-3 et seq., or 2C:47-1 et seq., and if the adult Board panel has revoked parole, a request for a complete examination, containing a copy of the hearing summary of the revocation hearing and the adult Board panel's Notice of Decision, shall be forwarded to the chief executive officer of the Adult Diagnostic and Treatment Center.
(b) The adult Board panel, in cooperation with the chief executive officer of the Adult Diagnostic and Treatment Center, shall schedule such examination and forward written notice of the date, time and place of such examination to the parolee and the parolee's attorney and, when the parolee is in custody, to the chief executive officer of the institution of incarceration.
(c) Such examination shall be for the purpose of determining whether the violation(s) of the parole conditions reflects emotional or behavioral problems as a sex offender, evidence that the parolee is incapable of making an acceptable social adjustment in the community, and the necessity for continued custodial supervision and further specialized treatment as a sex offender.
(d) As soon as practicable upon completion of such examination, it shall be the responsibility of the chief executive officer of the Adult Diagnostic and Treatment Center to forward a written report of such examination to the adult Board panel.
(e) As soon as practicable upon completion of such examination, it shall be the responsibility of the chief executive officer of the Adult Diagnostic and Treatment Center to forward a written report of such examination to the prison Board panel.
(f) The adult Board panel shall forward a copy of such report to the parolee's attorney, or directly to the parolee where he or she has appeared pro se, provided said report is not classified as confidential by the rules and regulations of the Department, in order that the parolee or his or her attorney may object or comment on the report by submitting written exceptions. Such exceptions shall be forwarded to the adult Board panel within a reasonable period of time after the receipt of the report.
(g) If the Adult Diagnostic and Treatment Center staff determines that the following conditions exist, then the adult Board panel shall, if it concurs with the report, vacate its revocation of parole and release the inmate on parole as soon as practicable:
1. That the parolee's conduct does not reflect emotional or behavioral problems as a sex offender;
2. That there is no evidence that the parolee is incapable of making an acceptable social adjustment in the community; and
3. That the parolee's condition does not warrant continued custodial supervision and further specialized treatment as a sex offender.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.20 - Withdrawal of parole warrants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a warrant for the arrest of a parolee is withdrawn, such warrant shall be immediately cancelled. Such cancellation shall not alter any forfeiture of time pursuant to N.J.S.A. 30:4-123.6 5.
(b) If the Board panel determines that a parole warrant was issued in error, upon withdrawal of such warrant the warrant shall be rescinded. Such rescission shall eliminate any forfeiture of time pursuant to N.J.S.A. 30:4-123.6 5.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.21 - Revenue cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For violation of a condition of parole requiring the payment of any assessment, fine, penalty, lab fee or restitution, the appropriate Board panel shall revoke parole only for failure or refusal by the parolee to make a good faith effort to make such payment.
(b) If a Board panel revokes parole pursuant to (a) above, the Board panel shall determine the length of time to be served; however, the term shall not exceed one day for each $ 20.00 of the fine or penalty or restitution, nor 40 days if the fine or penalty or restitution was imposed upon a disorderly persons offense, nor 25 days if the fine or penalty or restitution was imposed for a petty disorderly persons offense nor one year in any case, whichever is the shorter period.
(c) In cases where a parolee has violated a condition of parole requiring payment of restitution and such condition was imposed pursuant to 10A:71-6.5, the Board panel may suspend the condition, modify the payment schedule or request the sentencing court to reduce the amount of restitution. If none of these alternatives is warranted, the Board panel, upon revoking parole, may impose a term of incarceration pursuant to (b) above.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.1 - Definition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Certificate of Good Conduct is a document issued by the Board to assist the rehabilitation of convicted offenders by removing impediments and restrictions upon their ability to obtain proposed employment.
(b) The Certificate of Good Conduct does not imply pardon and under no circumstances is it to be construed as forgiving, absolving or mitigating the offense(s).
(c) Issuance of a Certificate of Good Conduct pursuant to 2A:168A-1, et seq. precludes a licensing authority, as defined in 2A:168A-2, from disqualifying or discriminating against the applicant because of any conviction for a crime unless 2C:51-2 is applicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.2 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a Certificate of Good Conduct shall not be entertained unless the applicant meets all of the following requirements:
1. The applicant previously was supervised by the Board or is presently supervised by the Board.
2. If the applicant is presently supervised by the Board, at least one year must have expired since commencement of supervision by the Board.
3. The applicant has not been convicted of a new crime within five years from the date of application.
4. The applicant has no pending charges or outstanding warrants.
5. The applicant is not presently incarcerated.
6. At least two years have passed since the date any similar application was denied, unless the Board determines that significant information exists which provides a basis for a waiver of this limitation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.3 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant shall apply to the Board for a Certificate of Good Conduct on forms prescribed and furnished by the Board.
(b) Upon receipt of the application, the Board shall initiate a confidential investigation which shall contain all pertinent information, with particular reference to the need the applicant has for the use he or she expects to make of the certificate.
(c) The applicant shall be required to furnish all documentary evidence required by the Board, except as herein provided.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.4 - Criteria

Current through Register Vol. 56, No. 14, July 15, 2024
The Board shall evaluate the application on the basis of the applicant having achieved a degree of rehabilitation indicating that his or her engaging in the proposed employment would not be incompatible with the welfare of society.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.5 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall provide written notice to the applicant of its decision within 30 days of the date of the decision.
(b) The original copy of the Certificate of Good Conduct, if granted, shall be maintained by the Board.
(c) A copy of the Certificate of Good Conduct, if granted, shall be filed with the Secretary of State.
(d) A copy of the Certificate of Good Conduct, if granted, shall be provided to the applicant.
(e) The Certificate of Good Conduct provided to the applicant shall include a statement that the document is a copy and that a licensing authority should confirm with the Board that the certificate remains valid.
(f) If the Board should revoke a Certificate of Good Conduct pursuant to
10A:71-8.6
, the Board shall provide written notice to the person who is the subject of the certificate, the Secretary of State, and the licensing authority within 15 days of the date of decision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.6 - Revocation of Certificate of Good Conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may revoke a Certificate of Good Conduct for good cause.
(b) A person who is the subject of the Certificate of Good Conduct shall be provided written notice prior to the Board rendering a decision to revoke the certificate. The person who is the subject of the certificate may provide a written statement for consideration by the Board as to why the certificate should not be revoked. The written statement must be received by the Board within 21 days of the person who is the subject of a certificate receiving the Board's notice. If a written statement is not received within the specified time period, the Board may proceed to consider the matter.
(c) Upon notice of the decision by the Board to revoke a Certificate of Good Conduct, the person who is the subject of the certificate shall surrender the certificate to the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 8 - CERTIFICATE OF GOOD CONDUCT › Section 10A:71-8.7 - Board action

Current through Register Vol. 56, No. 14, July 15, 2024
A decision by the Board to grant or revoke a certificate shall be rendered pursuant to
10A:71-1.2(h)
and (i).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.1 - Authorization to issue certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certificate may be issued by the Board in the case of a person who was under parole supervision in accordance with the provisions of 2A:168A-7, which suspends certain disabilities, forfeitures or bars to employment or professional licensure or certification that apply to persons convicted of criminal offenses.
(b) A certificate issued by the Board pursuant to 2A:168A-7 shall have the effect of relieving disabilities, forfeitures or bars, except those established or required by Federal law, to:
1. Public employment;
2. Qualification for a license or certification to engage in the practice of a profession, occupation or business, except the practice of law; or
3. Admission to an examination to qualify for such a license or certification, except for the bar examination, or an examination for a law enforcement, homeland security, or emergency management position.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words or terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Public employment" shall mean employment by a State, county, or municipal agency, but shall not include elected office, or employment in law enforcement, corrections, the judiciary, in a position related to homeland security or emergency management, or any position that has access to sensitive information that could threaten the public health, welfare, or safety.
"Qualified offender" refers to a person who has one criminal conviction or who has convictions for more than one crime charged in separate counts of one indictment or accusation. Multiple convictions charged in two indictments or two accusations, or one indictment and one accusation filed in the same court prior to entry of judgment under any of them, shall be deemed to be one conviction. Convictions of crimes entered more than 10 years prior to an application for a certificate under 2A:168A-7 shall not be considered in determining whether a person has one criminal conviction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certificate may be issued by the Board pursuant to 2A:168A-7 in regard to a qualified offender who is, or had previously been, under supervision by the Board if the Board determines pursuant to 2A:168A-8(b)  that:
1. The applicant is convicted of a second, third or fourth degree offense and is eligible for relief as defined in (b) below;
2. The applicant has not been convicted of a crime since the conviction for which he or she is under supervision, has no pending criminal charge, and there is no information presented that such a charge is imminent;
3. Issuing the certificate will not pose a substantial risk to public safety; and
4. Issuing the certificate will assist in the successful reintegration of the offender and is consistent with the public interest.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.4 - Presumption of rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 2A:168A-9, a certificate issued pursuant to 2A:168A-7 shall be presumptive evidence of the subject's rehabilitation when considered in regard to public employment as defined in 2A:168A-7 and 10A:71-9.2, or in conjunction with any licensing, or certification process to which this act applies, which in any particular case may or may not be overcome by other evidence or information. A certificate granted under 2A:168A-7 shall not prevent any judicial, administrative, licensing or other body, board, authority or public official from relying on grounds other than the fact of the criminal conviction in exercising any discretionary authority, if any, to suspend, revoke, refuse to issue or refuse to renew any license, permit or other authority or privilege or to determine eligibility or suitability for employment.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.5 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant shall apply to the Board for a certificate on forms prescribed and furnished by the Board.
(b) Upon receipt of the application, the Board may initiate a confidential investigation, which shall contain all pertinent information, with particular reference to the need the applicant has for the use he or she expects to make of the certificate.
(c) The applicant shall be required to furnish all documentary evidence required by the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.6 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall provide written notice to the appropriate prosecutor of the pendency of an application submitted pursuant to this subchapter within 30 days of receipt of the application.
(b) The Board shall provide written notice to the appropriate prosecutor of the decision rendered by the Board on an application submitted pursuant to this subchapter within 30 days of the date of the decision.
(c) The Board shall provide written notice to the applicant of its decision within 30 days of the date of the decision.
(d) The original copy of the certificate, if granted, shall be maintained by the Board.
(e) A copy of the certificate, if granted, shall be filed with the Secretary of State.
(f) A copy of the certificate, if granted, shall be provided to the applicant.
(g) The certificate document provided to the applicant shall include a statement that the document is a copy and that a certifying authority, licensing authority, or public employer should confirm with the Board that the certificate remains valid.
(h) If the Board should revoke a certificate pursuant to 10A:71-9.7, the Board shall provide written notice to the person who is the subject of the certificate, the appropriate prosecutor, the Secretary of State, the appropriate certifying authority, licensing authority or public employer within 15 days of the date of decision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.7 - Revocation of certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 2A:168A-11, a certificate granted pursuant to 2A:168A-7 shall no longer be valid if the person who is the subject of the certificate is indicted for a first or second degree crime or convicted of a crime.
(b) Upon presentation of satisfactory proof that the criminal charges or indictment have been dismissed, or of an acquittal after trial, a certificate revoked under the circumstances described in (a) above may be reinstated by the Board.
(c) A certificate may be revoked at any time upon application of the prosecutor or on the Board's own initiative when information is received that circumstances have materially changed, such that the relief would not be authorized under 2A:168A-7 et seq., or is no longer in the public interest.
(d) A person who is the subject of a certificate shall be provided written notice prior to the Board rendering a decision to revoke the certificate. The person who is the subject of the certificate may provide a written statement for consideration by the Board as to why the certificate should not be revoked. The written statement must be received by the Board within 21 days of the person who is the subject of a certificate receiving the Board's notice. If a written statement is not received within the specified time period, the Board may proceed to consider the matter.
(e) The notice provided pursuant to (d) above shall not be required if the basis for revocation of the certificate is an indictment for a first or second degree crime or the conviction for the commission of a crime.
(f) Upon notice of the decision by the Board to revoke a certificate, the person who is the subject of the certificate shall surrender the certificate to the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 9 - CERTIFICATE SUSPENDING CERTAIN EMPLOYMENT, OCCUPATIONAL DISABILITIES OR FORFEITURES › Section 10A:71-9.8 - Board action

Current through Register Vol. 56, No. 14, July 15, 2024
A decision by the Board to grant or revoke a certificate shall be rendered pursuant to 10A:71-1.2(h) and (i).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 1 - GENERAL PROVISIONS › Section 10A:72-1.2 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, Division of Parole, or designee shall be responsible for developing written procedures consistent with this chapter.
(b) All written procedures shall be submitted to the Board for review and approval.
(c) Written procedures developed in accordance with this chapter shall be made available to all parole officers and parole staff members.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 1 - GENERAL PROVISIONS › Section 10A:72-1.4 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, Division of Parole, or designee shall be responsible for developing written procedures consistent with this chapter.
(b) All written procedures shall be submitted to the Board for review and approval.
(c) Written procedures developed in accordance with this chapter shall be made available to all parole officers and parole staff members.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.1 - Investigation of community release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to parole release, each inmate must submit a proposed parole residence plan to the appropriate Board staff person.
(b) Upon the proposed parole residence plan being provided to the appropriate District Parole Office, the District Parole Supervisor, or designee, shall assign a parole officer to investigate the plan.
(c) The purpose of the investigation is to ensure that the inmate has a suitable residence upon his or her release to the community.
(d) The parole officer assigned to complete the investigation shall perform the following tasks:
1. Verify, in person, that the residence location is a valid address;
2. Verify, in person, that the host person or family is willing to provide housing and food for the inmate;
3. Determine whether acceptance of the inmate in the residence would not be a violation of any law, rule or regulation prohibiting a person with a criminal conviction from residing at the proposed residence plan;
4. Determine whether the host person or family is willing to cooperate with parole supervision;
5. Determine whether the host person or family is willing to comply with the parole officer's law enforcement authority and to comply with any search initiated pursuant to N.J.A.C. 10A:72-6;
6. Advise, in writing, all interested law enforcement authorities of the proposed parole residence plan;
7. Prepare a written report which shall include:
i. A list of any outstanding warrants;
ii. Any recommendation(s) for any special conditions that the parole officer believes will assist the parolee in making a successful reintegration into the community; and
iii. The parole officer's recommendation as to the suitability of the inmate residing at the proposed parole residence; and
8. Submit the written report to the District Parole Supervisor, or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.2 - Parole supervision status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each parolee shall be assigned a level of supervision appropriate to maintain public safety, reduce the likelihood of recidivism and to ensure the parolee's positive reintegration into the community.
(b) The assigned parole officer, in coordination with his or her immediate supervisor, shall, at the first visit reporting session, determine, unless otherwise specified by a Board panel or the Board, the level of parole supervision for each parolee.
(c) The assigned parole officer shall immediately review instances of non-compliance of a recurring or serious nature with established conditions of parole with their immediate supervisor.
1. Upon review, if it is determined, by the supervisor, that the parolee is in non-compliance with parole conditions, the supervisor shall take appropriate remedial action commensurate with the seriousness of the violation(s).
2. Upon review by the assigned parole officer and their immediate supervisor, positive and constructive improvements in the parolee's adjustment to parole supervision may result in less restrictive levels of parole supervision or a recommendation for discharge from parole supervision pursuant to 10A:71-6.9. Thereafter, the level of parole supervision shall be periodically evaluated.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.3 - Case Plan Agreements and Chronological Supervision Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assigned parole officer shall create a Case Plan Agreement with the offender to document supervision goals. The Case Plan Agreement shall include short-term and long-term goals based upon a risk assessment, an extensive file review, and a personal interview of the offender; and specific time periods for achieving short-term and long-term goals.
1. As the offender meets supervision objectives, the assigned parole officer shall assess the case plan agreement with the offender and modify the short- and long-term goals for the offender.
2. If the offender fails to meet supervision objectives, the assigned parole officer shall apply alternative means for achieving compliance, including reprioritizing goals or breaking down shortterm goals into specific action steps.
3. High risk offenders may require multiple short-term goals and more frequent follow up. Low risk offenders may require fewer short-term goals and less follow up.
4. Offenders who seriously or persistently fail to comply with supervision objectives shall be subject to the imposition of one or more consequences chosen from a range of intermediate actions available to the parole officer and the District Parole Supervisor, or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.4 - Violations of parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the parole officer has a reasonable belief that the parolee has violated the conditions of parole, the parolee will receive immediate remedial counseling. If the violation is of a serious or persistent nature, the parole officer shall promptly review the parolee's case with his or her supervisor for the purpose of determining an appropriate response. Such review shall include a formal assessment of the parolee's risk to public safety and current rehabilitative needs.
(b) The response to a violation of a condition of parole shall be proportional to the risk to the community posed by the parolee, the severity of the violation, and the potential for long-term positive outcomes. Responses may include, but not be limited to, the following:
1. An adjustment to the parolee's reporting status;
2. The imposition of any special condition(s) that will reduce the likelihood of recurrence of criminal behavior; or
3. The imposition of a special condition requiring:
i. Assignment to and successful completion of an out-patient substance abuse treatment program or any other recommended treatment program;
ii. Assignment to and successful completion of the electronic monitoring program or Global Positioning System (GPS) monitoring program, wherein electronic monitoring or GPS monitoring serves to address violations of conditions of supervision;
iii. Assignment to, and successful completion of, a community program that provides reentry services; or
iv. Assignment to and successful completion of a residential community-based treatment program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.5 - Residing with a minor child

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an offender sentenced to a special sentence of community or parole supervision for life and the offense committed by the offender involved a minor child, the offender may not live at a residence in which a minor child is present unless approved by the District Parole Supervisor or designee or by the appropriate court.
(b) In the case of an offender in which the imposition of sentence is suspended and the offender is sentenced to a special sentence of parole supervision for life pursuant to N.J.S.A. 2C:43-6.4 and the offender is residing with a minor child on the date of sentence, the offender may be permitted to reside with the minor child, provided the minor child is not the victim of the offense, pending the assessment of the District Parole Supervisor or designee pursuant to (e) below.
(c) If an offender serving a special sentence of community or parole supervision for life requests approval from the District Parole Supervisor or designee to be permitted to reside with a minor child, the parent or legal guardian of the minor child shall be required to provide to the District Parole Office a written statement requesting that the offender be permitted to reside with the minor child. The statement shall include an acknowledgment by the parent or legal guardian that the parent or legal guardian is familiar with the circumstances of the sexual offense committed by the offender. For the purpose of this subsection, the parent or legal guardian of the minor child shall be a person other than the offender.
(d) An offender requesting to reside with a minor child shall be required to submit for consideration by the District Parole Supervisor or designee the written assessment from a sex offender treatment provider designated by the District Parole Supervisor or designee who has assessed the offender and the request by the offender to reside with a minor child. The assessment shall include, but not limited to:
1. A statement as to the assessed level of risk posed by the offender to the minor child;
2. A statement as to whether or not the offender residing with the minor child is conducive to the offender's relapse prevention plan;
3. A statement as to the appropriateness of informing the minor child of the circumstances of the sexual offense committed by the offender; and
4. The recommendation of the evaluator as to the appropriateness of the offender residing with the minor child.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 2 - COMMUNITY PLAN AND SUPERVISION › Section 10A:72-2.6 - Unsupervised contact with a minor child

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an offender sentenced to a special sentence of community or parole supervision for life and the offense committed by the offender involved a minor child, the offender may not initiate, establish, or maintain unsupervised contact with a minor child unless approved by the District Parole Supervisor or designee or by the appropriate court, except as specified in N.J.A.C. 10A:71-6.11(d)1, 2, or 3, or 6.12(f)1, 2, or 3.
(b) If an offender serving a special sentence of community or parole supervision for life requests approval from the District Parole Supervisor or designee to initiate, establish, or maintain unsupervised contact with a minor child, the parent or legal guardian of the minor child shall be required to provide to the District Parole Office a written statement requesting that the offender be permitted to initiate, establish, or maintain unsupervised contact with the minor child. The statement shall include an acknowledgment by the parent or legal guardian that the parent or legal guardian is familiar with the circumstances of the sexual offense committed by the offender. For the purpose of this subsection, the parent or legal guardian of the minor child shall be a person other than the offender.
(c) An offender requesting to initiate, establish, or maintain unsupervised contact with a minor child shall be required to submit for consideration by the District Parole Supervisor or designee the written assessment from a sex offender treatment provider designated by the District Parole Supervisor or designee who has assessed the offender and the request by the offender to initiate, establish, or maintain unsupervised contact with a minor child. The assessment shall include, but not be limited to:
1. A statement as to the assessed level of risk posed by the offender to the minor child;
2. A statement as to whether or not the offender initiating, establishing, or maintaining unsupervised contact with the minor child is conducive to the offender's relapse prevention plan;
3. A statement as to the appropriateness of informing the minor child of the circumstances of the sexual offense committed by the offender; and
4. The recommendation of the evaluator as to the appropriateness of the offender initiating, establishing, or maintaining unsupervised contact with the minor child.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 3 - POLYGRAPH EXAMINATION OF SEX OFFENDERS › Section 10A:72-3.1 - Authorization to administer 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 Board may administer to all offenders serving a special sentence of community or parole supervision for life, imposed pursuant to 2C:43-6.4, polygraph examinations in order to obtain information necessary for risk management and treatment and to reduce the offender's denial mechanisms.
(b) A polygraph examination shall be administered pursuant to the provisions of 10A:72-3.4.
(c) Pursuant to N.J.S.A. 30:4-123.8 8, a polygraph examination shall be conducted by a polygraph examiner trained specifically in the use of the polygraph for the monitoring of sex offenders.