New Jersey Statutes 30:1B-49. Application by eligible inmate to participate in program
Terms Used In New Jersey Statutes 30:1B-49
- Conviction: A judgement of guilt against a criminal defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) the crime for which the inmate is serving a sentence of imprisonment was committed against the alleged abuser and no one else;
(2) the inmate has not been convicted of a crime of violence against a person other than the alleged abuser; and
(3) documentation that the inmate is a victim of domestic violence, including, but not limited to:
(a) a restraining order or other documentation of equitable relief issued to the inmate by a court of competent jurisdiction against the abuser;
(b) a police record documenting the domestic violence between the inmate and the abuser;
(c) documentation that the abuser has been convicted of one or more of the offenses enumerated in section 3 of P.L.1991, c.261 (C. 2C:25-19);
(d) medical documentation of the domestic violence;
(e) certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the inmate is a victim of domestic violence; or
(f) other documentation or certification of the domestic violence provided by a social worker or other professional who has assisted the inmate in dealing with domestic violence or any sufficient documentary evidence that the inmate has been a victim of domestic violence by the abuser.
b. Prior to considering an eligible inmate’s application to participate in the residential community release program, the Department of Corrections shall cause to be completed application review materials, including a psychological evaluation of the applicant, an objective risk assessment, and a summary of the applicant’s conduct regarding the offense, history, and evidence of abuse, and classification of institutional record since conviction.
L.2021, c.233, s.3.