N.J. Admin. Code § 10A:21-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:21-3.2 - Written reports regarding release of an inmate from custody

(a) Written reports regarding the release of an inmate from custody shall be provided in accordance with N.J.S.A. 30:4-6.1, 82.4 and 123.53a.

(b) No less than 90 calendar days before the date on which an inmate's maximum term is scheduled to expire, the Assistant Commissioner or designee shall provide written notification of the inmate's status to the Attorney General and the prosecutor of the county from which the inmate was committed when:

1. The inmate's term includes a sentence imposed for conviction of aggravated sexual assault, sexual assault or aggravated criminal sexual contact, and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;

2. The Administrator of the facility in which the inmate has been confined has advised the Commissioner or designee that the conduct of the inmate during the period of confinement, the inmate's mental condition, or the inmate's past history indicates that the inmate may be in need of involuntary commitment pursuant to N.J.S.A. 30:4-27.2; or

3. The inmate's term includes a sentence imposed for conviction of a "sexually violent offense" as defined in N.J.S.A. 30:4-27.26.

(c) Except as provided in (b) above and excluding those cases involving release on parole, the Administrator or designee of the correctional facility in which an inmate is confined shall provide written notification of an inmate's anticipated release to the prosecutor of the county from which the inmate was committed. Such notification shall be provided 90 calendar days before an inmate's anticipated release whenever possible, but in no event fewer than 30 calendar days before release if such release is due to the expiration of the inmate's maximum term or is authorized by an order of the Governor upon commutation of a sentence of incarceration or any other release of an inmate from custody.

(d) All written reports provided in accordance with this section shall include the inmate's name, identifying information and anticipated residence.

N.J. Admin. Code § 10A:21-3.2

Amended by R.2011 d.255, effective 10/17/2011.
See: 43 N.J.R. 1404(a), 43 N.J.R. 2666(a).
In (a), substituted a comma for "and" following "30:4-6.1" and inserted "and 123.53a"; in the introductory paragraph of (b), inserted "calendar"; and rewrote (c).