3.
a. Whenever the parole of an offender committed to confinement under
the terms of this chapter is revoked by the State Parole Board, the
Department of Corrections shall, within 90 days of the date of
revocation of parole, complete a psychological examination of the
offender to determine whether the violation of the conditions of parole
reflects emotional or behavioral problems as a sex offender that cause
the offender to be incapable of making any acceptable social adjustment
in the community and, if so, to determine further the offenders
amenability to sex offender treatment and, if amenable, the offenders
willingness to participate in such treatment. Not more than 30 days
after the date of the examination, the Department of Corrections shall
provide a written report of the results to the State Parole Board.
b.The
offender shall be confined in the Adult Diagnostic and Treatment Center
if the report of the examination conducted pursuant to subsection a. of
this section reveals that the offenders violation of the conditions of
parole reflects emotional or behavioral problems as a sex offender that
cause the offender to be incapable of making any acceptable social
adjustment in the community and further reveals that the offender is
amenable to sex offender treatment and is willing to participate in such
treatment. The offender shall be eligible for parole pursuant to the
provisions of subsection a. of N.J.S.2C:47-5.
c.The
offender shall be confined in a facility designated by the commissioner
pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2) if the report of
the examination conducted pursuant to subsection a. of this section
reveals that the offenders violation of the conditions of parole
reflects emotional or behavioral problems as a sex offender that cause
the offender to be incapable of making any acceptable social adjustment
in the community and further reveals that the offender is amenable to
sex offender treatment, but is not willing to participate in such
treatment. The offender shall be eligible for parole pursuant to the
provisions of subsection a. of N.J.S.2C:47-5.
d.
(1) The offender shall be confined in a facility designated by the
commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2) if
the report of the examination conducted pursuant to subsection a. of
this section reveals that the offenders violation of the conditions of
parole:
(a)does not reflect emotional or behavioral problems as a sex offender; or
(b)reflects
emotional or behavioral problems as a sex offender that cause the
offender to be incapable of making any acceptable social adjustment in
the community and further reveals that the offender is not amenable to
sex offender treatment.
(2)
An offender confined pursuant to the provisions of paragraph (1) of
this subsection shall be eligible for parole pursuant to the provisions
of Title 30 of the Revised Statutes. However, a parole eligibility date
established by the State Parole Board pursuant to section 20 of
P.L.1979, c.441 (C.30:4-123.64) or a future parole eligibility date
established by the State Parole Board pursuant to section 12 of
P.L.1979, c.441 (C.30:4-123.56) shall not be reduced by commutation time
for good behavior pursuant to R.S. 30:4-140 or credits for diligent
application to work and other institutional assignments pursuant to
R.S.30:4-92.
e.Notwithstanding
the provisions of R.S.30:4-92, the balance of the sentence of an
offender confined pursuant to subsection c. or subparagraph (b) of
paragraph (1) of subsection d. of this section shall not be reduced by
credits for diligent application to work and other institutional
assignments; provided, however, if the offender is at any time
transferred to the Adult Diagnostic and Treatment Center pursuant to
subsection f. of this section the balance of the sentence shall be
reduced by credits for diligent application to work and other
institutional assignments earned by the offender during confinement in
the Adult Diagnostic and Treatment Center.
f.If
an offender is confined pursuant to subsection c. or subparagraph (b)
of paragraph (1) of subsection d. of this section, the offender may, on a
biennial basis, request to be transferred 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 the 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 such treatment,
the commissioner shall order the offender to be transferred to the Adult
Diagnostic and Treatment Center as soon as practicable. When an
offender previously determined not to be amenable to sex offender
treatment is transferred to the Adult Diagnostic and Treatment Center,
the offender shall be eligible for parole pursuant to the provisions of
subsection a. of N.J.S.2C:47-5.
b.The
offender shall be confined in the Adult Diagnostic and Treatment Center
if the report of the examination conducted pursuant to subsection a. of
this section reveals that the offenders violation of the conditions of
parole reflects emotional or behavioral problems as a sex offender that
cause the offender to be incapable of making any acceptable social
adjustment in the community and further reveals that the offender is
amenable to sex offender treatment and is willing to participate in such
treatment. The offender shall be eligible for parole pursuant to the
provisions of subsection a. of N.J.S.2C:47-5.c.The
offender shall be confined in a facility designated by the commissioner
pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2) if the report of
the examination conducted pursuant to subsection a. of this section
reveals that the offenders violation of the conditions of parole
reflects emotional or behavioral problems as a sex offender that cause
the offender to be incapable of making any acceptable social adjustment
in the community and further reveals that the offender is amenable to
sex offender treatment, but is not willing to participate in such
treatment. The offender shall be eligible for parole pursuant to the
provisions of subsection a. of N.J.S.2C:47-5.d.
(1) The offender shall be confined in a facility designated by the
commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2) if
the report of the examination conducted pursuant to subsection a. of
this section reveals that the offenders violation of the conditions of
parole:(a)does not reflect emotional or behavioral problems as a sex offender; or(b)reflects
emotional or behavioral problems as a sex offender that cause the
offender to be incapable of making any acceptable social adjustment in
the community and further reveals that the offender is not amenable to
sex offender treatment.(2)
An offender confined pursuant to the provisions of paragraph (1) of
this subsection shall be eligible for parole pursuant to the provisions
of Title 30 of the Revised Statutes. However, a parole eligibility date
established by the State Parole Board pursuant to section 20 of
P.L.1979, c.441 (C.30:4-123.64) or a future parole eligibility date
established by the State Parole Board pursuant to section 12 of
P.L.1979, c.441 (C.30:4-123.56) shall not be reduced by commutation time
for good behavior pursuant to R.S. 30:4-140 or credits for diligent
application to work and other institutional assignments pursuant to
R.S.30:4-92.e.Notwithstanding
the provisions of R.S.30:4-92, the balance of the sentence of an
offender confined pursuant to subsection c. or subparagraph (b) of
paragraph (1) of subsection d. of this section shall not be reduced by
credits for diligent application to work and other institutional
assignments; provided, however, if the offender is at any time
transferred to the Adult Diagnostic and Treatment Center pursuant to
subsection f. of this section the balance of the sentence shall be
reduced by credits for diligent application to work and other
institutional assignments earned by the offender during confinement in
the Adult Diagnostic and Treatment Center.f.If
an offender is confined pursuant to subsection c. or subparagraph (b)
of paragraph (1) of subsection d. of this section, the offender may, on a
biennial basis, request to be transferred 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 the 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 such treatment,
the commissioner shall order the offender to be transferred to the Adult
Diagnostic and Treatment Center as soon as practicable. When an
offender previously determined not to be amenable to sex offender
treatment is transferred to the Adult Diagnostic and Treatment Center,
the offender shall be eligible for parole pursuant to the provisions of
subsection a. of N.J.S.2C:47-5.
No comments:
Post a Comment