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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Monday, February 04, 2013

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program

N.J.A.C. 10A:31-25.6 (2012)
   (a) The following shall make an inmate ineligible for participation in the Work Release Program:

1. Untried detainers for criminal offenses or immigration detainers;

2. Current convictions involving arson offenses;

3. Previous convictions for arson offenses, even if the current conviction is for an offense(s) other than arson; and/or

4. The applicable provisions of related statutes of the State of New Jersey, such as, but not limited to, Michael's Law at N.J.S.A. 39:4-51.

(b) Pursuant to N.J.S.A. 30:8-44.1, no person confined to an adult county correctional facility shall be eligible to participate in any work release or vocational training release program if he or she has been convicted of any of the following:

1. Any crime involving a sexual offense or child molestation as set forth in N.J.S.A. 2C:14-1 et seq.;

2. Any crime endangering the welfare of children or incompetents which concerns sexual conduct which would impair or debauch the morals of the child or an incompetent, as set forth in N.J.S.A. 2C:24-4 and N.J.S.A. 2C:24-7;

3. Any crime involving the manufacture, transportation, sale or possession, with the intent to sell or distribute, of a "controlled dangerous substance" or a "controlled dangerous substance analog," as defined in the "Comprehensive Drug Reform Act of 1986," P.L. 1987, c.106 (C.2C:35-1 et al.); or

4. Any crime involving the use of force or the threat of force upon a person or property including: armed robbery, aggravated assault, kidnapping, arson, manslaughter and murder.


Amended by R.1995 d.421, effective August 7, 1995.

See: 27 New Jersey Register 1728(a), 27 New Jersey Register 2928(a).

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

In (b), substituted a reference to adult county correctional facilities for a reference to county correctional facilities.

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).