N.J. Admin. Code § 10A:72-11.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:72-11.1 - Criteria

(a) Pursuant to N.J.S.A. 30:4-123.91, the following persons whose offense(s) was committed on or after August 6, 2007, shall be enrolled in the Sex Offender Global Positioning System (GPS) Monitoring Program:

1. An offender whose risk of re-offense has been determined to be high pursuant to 2C:7-8; and

2. An offender who the Chairperson of the State Parole Board (Chairperson) deems appropriate for GPS monitoring pursuant to (b) below and who:

i. Was subject to civil commitment as a sexually violent predator in accordance with the provisions of 30:4-27.2 4 et seq. and has been conditionally discharged or discharged pursuant to 30:4-27.3 6;

ii. Has been sentenced to a special sentence of community or parole supervision for life; or

iii. Has been convicted of or adjudicated delinquent for a sexual offense enumerated in 2C:7-2 and the victim of the offense was under 18 years of age or 60 years of age or older, regardless of the date of conviction.

(b) The Chairperson, in exercising his or her discretion pursuant to (a)2 above, shall consider the risk to the public posed by the subject, based on relevant risk factors, such as the seriousness of the offense, the age of the victim or victims, the degree of force and contact, and any other factors the Chairperson deems appropriate.

(c) An offender shall not be subject to GPS monitoring during the time period an offender is in custody due to arrest, incarceration, or civil commitment.

(d) The GPS monitoring program shall provide for the time-correlated or continuous tracking of the geographic location of an offender using GPS-based satellite or other location technology.

N.J. Admin. Code § 10A:72-11.1

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