Application by eligible inmate to participate in program.

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30:1B-49 Application by eligible inmate to participate in program.

3. a. An eligible inmate may apply to the Department of Corrections seeking participation in the residential community release program in a manner and form prescribed by the department. The application contain the following:

(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.


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