New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.17 - Board panel action; schedule of future parole eligibility dates upon revocation of parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After consideration of the hearing officer's hearing summary and opinion and any written exceptions thereto, a two-member Board panel shall determine whether to revoke parole pursuant to N.J.A.C. 10A:71-7.12. The Board panel members shall not receive or consider any ex parte communication. The parolee's case shall be decided on the basis of the established record.
1. If parole is not revoked, the two-member Board panel shall authorize the release of the parolee, if in custody, and may modify the conditions of parole or establish appropriate special parole conditions.
2. If parole is revoked in the case of an adult or young adult parolee based on the violation of any parole condition, except failing to obey all laws and ordinances, or owning or possessing any firearm, as defined in N.J.S.A. 2C:39-1f, for any purpose, the two-member Board panel may certify parole release by:
i. Establishing a specific parole release date which shall be no later then nine months from the date an adult parolee was placed in custody on a parole warrant or six months from the date a young adult parolee was placed in custody on a parole warrant; and
ii. Establishing appropriate pre-release conditions; and/or
iii. Establishing appropriate special parole conditions.
3. Except as provided in this section, if parole is revoked by the two-member Board panel and parole release is not certified pursuant to (a)2 above, an adult inmate shall serve 12 months and a young adult inmate shall serve nine months, if the inmate has violated one of the following conditions of parole:
i. Failure to report to the District Parole Supervisor, or his or her designated representative, provided that such parolee is declared by the District Parole Supervisor to be missing from parole supervision;
ii. Failure to notify the assigned parole officer no later than the next business day upon the issuance by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, 2C:12-10.2, or the provisions of similar Federal or state statutes, of an order granting emergency relief, a temporary or final restraining or protective order, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation;
iii. Failure to comply with any condition established within an order granting emergency relief, a temporary or final restraining or protective order, issued by the appropriate court, pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, 2C:12-10.2, or the provisions of similar Federal or state statutes, or an order establishing conditions of release or bail in a criminal matter or offense arising out of a domestic violence situation, until the order is dissolved by the appropriate court or until a condition is modified or discharged by the appropriate court;
iv. Failure to refrain from behavior that results in the issuance of a final restraining or protective order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., the Sexual Assault Survivor Protection Act of 2015, 2C:14-13 et seq., 2C:12-10.1, or the provisions of similar Federal or state statutes;
v. Owning or possessing any firearm, as defined at N.J.S.A. 2C:39-1.f, for any purpose, whether or not the firearm is operational;
vi. Owning or possessing any imitation firearm, as defined at N.J.S.A. 2C:39-1.v, for any purpose;
vii. Owning or possessing any firearm ammunition;
viii. Owning or possessing any weapon enumerated in N.J.S.A. 2C:39-1r;
ix. Failure to refrain from the purchase, use, possession, distribution, or administration of any narcotic drug, controlled dangerous substance, or controlled substance analog as defined in N.J.S.A. 2C:35-2; imitation controlled dangerous substance or imitation controlled substance analog as defined in N.J.S.A. 2C:35-11; or any paraphernalia as defined in N.J.S.A. 2C:36-1 related to such substances, except as prescribed by a physician; or
x. Failure to comply with any special condition of parole imposed pursuant to N.J.A.C. 10A:71-6.4(d) or (e).