J.I. VS. NEW JERSEY STATE PAROLE BOARD
This case involves a convicted sex offender who is monitored by the Parole Board as an offender subject to conditions of community supervision for life (CSL) that ban his use of Internet-capable devices and access to social networking websites and the Internet pursuant to N.J.S.A. 10A:71-6.11(b)(22), and ban his viewing or possessing pornography and using, possessing and purchasing alcohol. We rejected appellant's constitutional facial challenges to N.J.S.A. 10A:71-6.11(b)(22) for the reasons expressed in J.B. v. N.J. State Parole Bd., 433 N.J. Super. 327, 338 (App. Div. 2013), certif. denied sub nom, B.M. v. N.J. State Parole Bd., 217 N.J. 296 (2014), and further held that our holding applies to all offenders serving a CSL, regardless of whether their sex crimes were Internet-related.
We also rejected appellant's as-applied challenges to the regulation, concluding there was no ex post facto violation. We further concluded that the Board's decision to impose the conditions was not arbitrary, capricious or unreasonable.