New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.49 - Informational hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon public notice of an inmate's parole eligibility being issued pursuant to 10A:71-3.8, the Attorney General, the appropriate county prosecutor, any other criminal justice agency and any interested party whose information and comment may be relevant as to the necessity or desirability of an inmate's parole shall be permitted, upon their application to the Chairperson or designee, to submit to the appropriate panel or the Board evidence, to give testimony, examine and cross-examine witnesses and present such other information on all matters directly relevant to the parole of an inmate.
(b) The application shall be submitted to the Chairperson or designee in writing and shall include a description of the nature and type of evidence or testimony to be presented. A list of potential witnesses and a statement as to the relevancy of their testimony to the issue of parole must be submitted to the Chairperson or designee as part of the application or prior to the date of the hearing scheduled pursuant to this section.
(c) Upon receipt of the application, the Chairperson or designee shall assign the case to a hearing officer for the conducting of a hearing.
(d) A designated representative shall notify the inmate in writing that a hearing will be scheduled for the purpose of receiving information relevant to his parole release. The inmate shall be informed of the identity of the agency or interested party requesting the hearing.
(e) Except as provided in 10A:71-3.5 1, the assigned hearing officer shall conduct the hearing within 30 days from the date the Chairperson or designee received the application submitted pursuant to (a) above.
(f) The hearing shall be conducted at a time and place and on a date determined by the Chairperson or designee. Primary consideration shall be given to the conducting of the hearing within the county most convenient for the majority of the parties concerned.
(g) A designated representative shall provide notification of the time, date and location of the hearing to all interested parties and the inmate. The notice shall be in writing and shall be mailed no later than 15 days prior to the date of the hearing.
(h) The hearing shall be informal and non-adversarial in nature. The hearing officer shall have the authority to exclude from participation in the hearing any person who attempts to use the hearing as a forum for public commentary or as a public contest or whose participation becomes more adversarial than informative in nature.
(i) Prior to any person offering testimony the hearing officer shall advise the person of the following:
1. That his testimony will be summarized in a written report;
2. That the person will receive a copy of that portion of the report summarizing his statement; and
3. That the inmate will receive a copy of the summarized statement unless the hearing officer determines that the release of the information would endanger the safety of the person.
4. The Board on its own motion may for good cause identify all or part of the testimony summarized in the written report as confidential.