New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.2 - Calculation of parole eligibility terms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall not apply to adult inmates sentenced pursuant to N.J.S.A. 2A:113-4 for a term of life imprisonment, N.J.S.A. 2A:164-17 for a fixed minimum and maximum term or 2C:1-1(b). The aggregation provisions of N.J.S.A. 30:4-123.1, et seq. shall apply to such inmates.
(b) Except as provided at N.J.A.C. 10A:71-3.3(j), this section shall not apply to young adult inmates.
(c) The parole eligibility terms for adult inmates shall be determined by the following:
1. Where a life term, with no mandatory-minimum term, has been imposed, the parole eligibility term shall, except as provided in (c)3 below, be 25 years.
2. Where a specific term, with no mandatory-minimum term, has been imposed, the parole eligibility term shall, except as provided in (c)3 below, be one-third of the specific term or 25 years, whichever is less.
3. Where a life term or a specific term with a judicial or statutory mandatory minimum term has been imposed, the parole eligibility term shall be the mandatory minimum term, provided that such minimum term is greater than otherwise required by subsection (c)1 or (c)2 above.
4. Where the inmate is serving a term and a concurrent or consecutive specific term, with no mandatory-minimum term, is subsequently imposed on or after June 21, 1994, the parole eligibility term on the subsequently imposed specific term shall be one-third of the balance of the specific term determined by reducing the specific term by credit awarded pursuant to 2C:44-5(b)(2).
5. Where the inmate is serving time due to a revocation of parole, the parole eligibility term shall be the term set by the appropriate Board panel upon revocation of parole pursuant to N.J.A.C. 10A:71-7.17.
6. Where the inmate has been required to serve an additional term due to institutional infractions, the parole eligibility term shall include any additional term of incarceration required to be served.
7. Where a specific term to the Adult Diagnostic and Treatment Center has been imposed, the inmate shall be eligible for parole consideration only upon recommendation by the Special Classification Review Board pursuant to 2C:47-5 except that in no case shall an inmate committed to the Adult Diagnostic and Treatment Center become eligible for parole prior to the expiration of any mandatory minimum term imposed.
8. Where the inmate has been denied parole and required to serve a future eligibility term pursuant to 10A:71-3.21, a new book eligibility date shall be established by adding the additional term to the current actual eligibility date and by including, in the case of an adult inmate, commutation credits based on the additional term only.
9. Where the inmate's actual eligibility date has passed at the time of the initial parole release hearing and the inmate has been denied parole and required to serve a future eligibility term pursuant to 10A:71-3.21, a new book date shall be established by adding the additional term to the actual eligibility date and by including, in the case of an adult inmate, commutation credit based on the additional term only.
10. If an inmate has been committed to the custody of the Department from the Intensive Supervision Program for any reason and if the inmate's parole eligibility date is the date the inmate is committed to the custody of the Department, the following provisions shall apply in the case of an inmate denied parole release:
i. A new book eligibility date shall be established by adding the additional term established pursuant to 10A:71-3.21 to the date the inmate is committed to the custody of the Department.
ii. In the case of an adult inmate, the new book date shall include commutation credits based on the additional term only.
iii. In the case of an adult inmate, only work and minimum credits earned from the date the inmate is committed to the custody of the Department shall be applied in the calculation of the actual eligibility date. In the case of a young adult inmate, program participation credits determined pursuant to 10A:71-3.3 shall be applied to reduce the primary eligibility date established pursuant to this section.
11. In the case of an inmate required to serve a future eligibility term pursuant to 10A:71-5.5 upon the rescission of a grant of parole, a new book eligibility date shall be established by adding the future eligibility term to the previously established parole date.