On September 26, 2017, attorney, James H. Maynard, Esq. of Maynard Law Office, LLC won a case before the New Jersey Appellate Division, allowing for an individual on Community Supervision for Life (CSL) to petition the Parole Board to move out of the country. In the winning case, J.S. v. New Jersey State Parole Board, the court found that the petitioner could apply to transfer his CSL to another country.
Under current procedure, an individual, who is on CSL or Parole Supervision for Life (PSL) and desires to reside in another state, must apply to the Parole Board to transfer his supervision to another state. The applicant must provide good cause for the transfer, either for purposes of work or to be with family, etc. In addition, the receiving state must approve the application. The transfer application is filed through the Interstate Commission for Adult Offender Supervision (ICAOS).
NJ Appellate Division says CSL and PSL international transfer petitions must be considered
Prior to this case, the New Jersey State Parole Board did not have a procedure for evaluating a request to transfer CSL or PSL internationally. As a result, the Parole Board has denied all requests and applications to move out of the country. The Parole Board claimed that the applicant was attempting to “terminate” his CSL sentence. Mr. Maynard argued that the transfer request was not a “termination” of CSL. Mr. Maynard stated that the request did not remove the petitioner from CSL. The Petitioner will be required to report to parole and resume supervision if he moved back to the United States.
The Appellate Division agreed with Mr. Maynard stating:
“. . . on this record, the Board did not undertake an informed consideration of any conditions that might be appropriate before denying J.S.’s application. We deem arbitrary the Board’s decision to reject summarily J.S.’s request by treating it as an application to terminate CSL without considering the merits of his application.”
Further, the Appellate Division sent the matter back to the New Jersey State Parole Board. The Parole Board must consider the transfer application on the merits. The Court quoted Sanchez v. New Jersey State Parole Board, 386 N.J. Super. 181 (App. Div. 2004):
“’The spirit of the original Megan’s Law is best served by interpreting it to permit CSL defendants who otherwise qualify for residence in another state under [the then current parole transfer rules] to live in that state even if that state declines supervision.’ We held that ‘the Parole Board my make the change in residence subject to conditions appropriate to protect the public and foster rehabilitation.’” (Citations omitted.)
Consult a NJ Lawyer if you want to transfer CSL or PSL
In conclusion, an individual who is supervised under CSL or PSL may petition the NJ Parole Board to transfer supervision out of the United States. Therefore, if you or someone you know wants to move out of the United States, it is recommended that he or she contacts a CSL attorney who is knowledgeable about parole supervision transfers.