New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.54 - Mandatory supervision cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 2C:43-7.2(a)  (No Early Release Act), a court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection (d) of 2C:43-7.2 shall fix a minimum term of 85 percent of the sentence during which the offender shall not be eligible for parole.
(b) Pursuant to 2C:43-7.2(c), in addition to the sentence of incarceration, with a minimum period of parole ineligibility of 85 percent, the court is required to impose a five-year term of parole supervision if the offender is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the offender is being sentenced for a crime of the second degree.
(c) Pursuant to 2C:43-7.2(c), the term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court unless the offender is serving a sentence of incarceration for another crime at the time the offender completes the sentence of incarceration. In such case, the term of parole supervision shall commence immediately upon the offender being released from incarceration.
(d) Pursuant to N.J.S.A. 30:4-123.5 1b(a), an offender who has been sentenced to a term of parole supervision and is on release status in the community shall, during the term of parole supervision, remain on release status in the community, in the legal custody of the Commissioner. The offender shall be supervised by the Division of Parole, as if on parole, and shall be subject to the provisions and conditions established pursuant to (e) below.
(e) Prior to release of an adult inmate at the expiration of the term of incarceration imposed pursuant to 2C:43-7.2, the Board panel or Board, as appropriate, shall issue a written certificate, which shall be delivered to the adult inmate.
1. The certificate shall include as general conditions of supervision the conditions as specified in 10A:71-6.4(a).
2. The certificate shall also include as general conditions of supervision the following conditions:
i. Refrain from any contact directly or through a third party by any means including, but not limited to, verbal, physical, written, or electronic, with the victim(s) of the offense or the victim's relatives, unless contact is authorized by a Board panel or contact is authorized by the appropriate court;
ii. Refrain from any contact directly or through a third party by any means including, but not limited to, verbal, physical, written, or electronic, with a co-defendant involved in the commission of the offense, unless contact is authorized by the District Parole Supervisor or designated representative or contact is authorized by the appropriate court.
3. The certificate shall also include any special conditions of supervision deemed appropriate by the Board panel or the Board.
4. Responsibility for the delivery of the certificate shall rest with the designated representative of the Board.
5. At the time of delivery of the certificate, the conditions of supervision shall be explained to the inmate.