NJ SUPREME COURT RULES ON RIGHT OF PAROLEES TO LIVE OVERSEAS

June 24, 2021 – Trenton, NJ

In a landmark decision June 24, 2021,  the New Jersey Supreme Court decided the case, J.K. v. New Jersey State Parole Board (A-76-19) by ruling to secure the right of those on parole supervision to relocate internationally.

James H. Maynard, Esq., Managing Member of Maynard Law Office, LLC, argued the case on behalf of his client, J.K., a dual citizen of both the U.S. and Poland.  J.K. is subject to Community Supervision for Life, and as a result, is supervised by New Jersey parole.

The case centered on J.K.’s request to change his residency from New Jersey to his country of birth, Poland.  The Attorney General, on behalf of the New Jersey Parole Board, argued that Parole does not have the authority to allow parolees to move out of the country.  The New Jersey Supreme Court rejected this argument.  The Court found that the Parole Board had the authority to create a policy to decide whether an individual may relocate to another country, while on parole supervision. The Court noted the following: 

“We see no reason why the permanent residence of a parolee may not be one of those conditions that may be imposed or altered by the Board – so long as the Board determines it can adequately continue to supervise the parolee.” (Slip op. at 14)

The Court’s decision is important because it not only establishes the right of those on parole supervision to transfer their residence to another country, but it endorses the Parole Board’s policy, which sets forth guidelines under which an application can be assessed. This ruling has opened the door to allow PSL/CSL supervisees to petition for relocation out of the country. Mr. Maynard is very pleased with the outcome of this decision, stating “it was a very significant outcome, which will impact anyone on Parole Supervision, who is seeking to relocate and reside internationally.”

If you or someone you know is on PSL or CSL, and wants to relocate to another country, call Maynard Law Office, LLC at (973)-540-0054 to discuss this further.

Maynard Law Office, LLC specializes in sex offense representation, and represents individuals on various parole matters and at all stages of a criminal case.