2C:47-4.1. Transfer out of Adult Diagnostic and Treatment Center
6.
a. The commissioner shall order the transfer out of the Adult
Diagnostic and Treatment Center of any offender serving a life sentence
without eligibility for parole and any offender not participating in or
cooperating with the sex offender treatment provided in the Adult
Diagnostic and Treatment Center and any offender who is determined by
the Department of Corrections to be no longer amenable to sex offender
treatment.
b.Any
offender transferred out of the Adult Diagnostic and Treatment Center
for failure to participate in or cooperate with the sex offender
treatment provided there or because of a determination by the Department
of Corrections that the offender is no longer amenable to sex offender
treatment may, on a biennial basis, request to be transferred back to
the Adult Diagnostic and Treatment Center. Within 90 days after
receiving a request for a transfer, the Department of Corrections shall
conduct a psychological examination. If, upon completion of a
psychological examination, the Department of Corrections determines that
the offender is amenable to sex offender treatment and is willing to
participate in and cooperate with such treatment, the commissioner shall
order the offender to be transferred back to the Adult Diagnostic and
Treatment Center.
c.Notwithstanding
the provisions of R.S.30:4-140 or R.S.30:4-92 or any other law, a
sentence imposed on an offender transferred pursuant to subsection a. of
this section shall not be reduced by commutation time for good behavior
or credits for diligent application to work and other institutional
assignments for any year or fractional part of a year following the date
of the transfer; provided, however, if the offender is at any time
thereafter transferred back to the Adult Diagnostic and Treatment Center
pursuant to subsection b. of this section, the sentence imposed on such
offender shall be reduced by commutation time for good behavior and
credits for diligent application to work and other institutional
assignments for any year or fractional part of a year that such offender
is incarcerated at the Adult Diagnostic and Treatment Center following
the date of such transfer.
6.
a. The commissioner shall order the transfer out of the Adult
Diagnostic and Treatment Center of any offender serving a life sentence
without eligibility for parole and any offender not participating in or
cooperating with the sex offender treatment provided in the Adult
Diagnostic and Treatment Center and any offender who is determined by
the Department of Corrections to be no longer amenable to sex offender
treatment.b.Any
offender transferred out of the Adult Diagnostic and Treatment Center
for failure to participate in or cooperate with the sex offender
treatment provided there or because of a determination by the Department
of Corrections that the offender is no longer amenable to sex offender
treatment may, on a biennial basis, request to be transferred back to
the Adult Diagnostic and Treatment Center. Within 90 days after
receiving a request for a transfer, the Department of Corrections shall
conduct a psychological examination. If, upon completion of a
psychological examination, the Department of Corrections determines that
the offender is amenable to sex offender treatment and is willing to
participate in and cooperate with such treatment, the commissioner shall
order the offender to be transferred back to the Adult Diagnostic and
Treatment Center.c.Notwithstanding
the provisions of R.S.30:4-140 or R.S.30:4-92 or any other law, a
sentence imposed on an offender transferred pursuant to subsection a. of
this section shall not be reduced by commutation time for good behavior
or credits for diligent application to work and other institutional
assignments for any year or fractional part of a year following the date
of the transfer; provided, however, if the offender is at any time
thereafter transferred back to the Adult Diagnostic and Treatment Center
pursuant to subsection b. of this section, the sentence imposed on such
offender shall be reduced by commutation time for good behavior and
credits for diligent application to work and other institutional
assignments for any year or fractional part of a year that such offender
is incarcerated at the Adult Diagnostic and Treatment Center following
the date of such transfer.
No comments:
Post a Comment