N.J. Admin. Code § 10A:72-2.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:72-2.5 - Residing with a minor child

(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.

(e) Upon receipt of the statement required pursuant to (c) above and the assessment required pursuant to (d) above, the District Parole Supervisor or designee shall evaluate the matter and determine whether the offender shall be permitted to reside with the minor child.

(f) The evaluation of an offender's request to reside with a minor child shall include, but not be limited to, an assessment as to whether:

1. Residing with a minor child is consistent with the continued rehabilitation of the offender and will not compromise public safety;

2. The offender is in compliance with his or her conditions of supervision;

3. The written assessment from a sex offender treatment provider specified at (d) above is supportive of the offender residing with the minor child;

4. The offender has met the goals listed in his or her Case Plan Agreement and is progressing in a pro-social manner;

5. There are no known restraining order(s) against the offender involving any person(s) residing at the proposed residence;

6. The victim(s) of the sexual offense committed by the offender resides in or near the proposed residence; and

7. The parent or guardian's knowledge of the circumstances of the sexual offense committed by the offender are consistent with the official version of the commitment offense.

(g) Upon a decision being rendered, the District Parole Supervisor or designee shall notify the offender in writing of the decision and the basis for the decision. The decision and the basis for the decision shall also be recorded in the chronological supervision report.

(h) If an offender is residing with a minor child pursuant to (b) above and the decision is rendered that the offender may not reside with the minor child, the offender shall be directed to immediately vacate the residence and to relocate to a residence deemed appropriate by the District Parole Office.

N.J. Admin. Code § 10A:72-2.5

Amended by 48 N.J.R. 2612(b), effective 12/5/2016

Amended by 53 N.J.R. 1383(b), effective 8/16/2021