reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.46 - Board panel hearing; notice of decision for county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the Board panel hearing, the Board panel shall take one of the following actions:
1. Certify parole release as soon as practicable after the parole eligibility date by:
i. Establishing a specific parole release date as soon after the inmate's actual parole eligibility date as practicable; and
ii. Establishing appropriate pre-release conditions; and
iii. Establishing appropriate special parole conditions pursuant to N.J.A.C. 10A:71-6.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.47 - Board panel action: denial of parole

Current through Register Vol. 56, No. 14, July 15, 2024
Upon determining to deny parole to a county inmate, the Board panel shall either establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole or direct the inmate to serve the balance of the sentence.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.48 - Victim input

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder/manslaughter victim shall be entitled to present a written or videotaped statement for the parole report, filed pursuant to 10A:71-3.7, to be considered during the parole hearing process, to present testimony to a senior hearing officer designated by the Board panel, to present testimony to the Board panel or to present testimony to the Board, if a hearing is conducted pursuant to 10A:71-3.1 9, concerning the victim's harm. Upon the request of a victim or the nearest relative of a murder/manslaughter victim or at the discretion of a Board panel or the Board, a copy of the parole report, except information, documents, reports, records or other written materials deemed confidential pursuant to 10A:71-2.2, prepared pursuant to 10A:71-3.7 shall be provided to the victim or the nearest relative of a murder/manslaughter victim.
(b) The term "victim" shall mean a person who suffers a personal, physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime of the first or second degree committed against that person, or in the case of murder/manslaughter, the nearest relative of the victim. In the case of a minor, victim shall also mean the minor's parent(s) or guardian.
(c) The term "nearest relative of a murder/manslaughter victim" shall mean a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, guardian of a minor, domestic partner, or civil union partner.
(d) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder/manslaughter victim of the opportunity to present a written or videotaped statement for the parole report to be considered during the parole hearing process, to present testimony to a senior hearing officer designated by the Board panel, to present testimony to the Board panel, or to present testimony to the Board, if a hearing is conducted pursuant to 10A:71-3.1 9, concerning the victim's harm.
(e) Each victim or nearest relative of a murder/manslaughter victim shall be responsible for notifying the Board of his or her intent to submit a written or videotaped statement, or to testify, and to provide and keep current an appropriate mailing address.
(f) The written or videotaped statement or testimony of the victim or nearest relative of a murder/manslaughter victim may include the following:
1. The continuing nature and extent of any physical, psychological or emotional harm or trauma suffered;
2. The extent of any loss of earnings or ability to work suffered by the victim; and
3. The continuing effect of the crime upon the victim's family.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.50 - Conditions for parole release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Release on a parole release date certified by Board members is conditioned upon:
1. The completion of a parole plan approved by the Board members certifying parole release and acceptable to the Division of Parole;
2. Satisfactory completion of any specific pre-release conditions established by the Board members certifying parole release pursuant to 10A:71-3.1 6(b)(3) or 3.18(a)(1)(iii); and
3. The continuance of good institutional conduct.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.51 - Waiver of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
Upon request of the hearing officer or the inmate, the time limits contained in this subchapter may be waived by the appropriate Board panel for good cause.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.52 - Interstate corrections compact and serving time-out-State (s.t.o.s.) cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon notification being provided to the Board by the Department that an inmate has been transferred under the interstate corrections compact, 30:7C-1 et seq., to another state or Federal institution to continue the service of his or her custodial term, the Board shall continue to monitor the inmate's eligibility for parole.
(b) Upon notification being provided to the Board by the Department or an interested party that an offender had been sentenced to a custodial term which is to be served concurrent to an out-of-state or Federal sentence and that the offender is presently confined in an out-of-state or Federal institution, the Board shall:
1. Obtain from the Department or appropriate agency or court the necessary documentation, for example, judgment of conviction and adult presentence reports, in order to confirm the imposition of sentence and the applicable credits;
2. Compute the offender's parole eligibility date within 30 days of the receipt of the appropriate documentation;
3. Notify the Department and the offender in writing within 30 days thereafter of his or her primary parole eligibility date. Notification shall be forwarded to the offender at his present place of confinement; and
4. Monitor the offender's primary parole eligibility date while confined in the out-of-state or Federal institution.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.53 - Compassionate release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.51e.a, the court may release an inmate who qualifies for compassionate release at any time during the term of incarceration.
(b) An inmate granted compassionate release shall be subject to custody, supervision, and conditions, as provided at N.J.S.A. 30:4-123.59.
(c) An inmate granted compassionate release shall be subject to sanctions for a violation of a condition of compassionate release as if on parole, as provided at N.J.S.A. 30:4-123.60 through 30:4123.65.
(d) Whenever an inmate is to be considered for compassionate release by a court pursuant to N.J.S.A. 30:4-123.51e, the Board shall ensure, as a condition precedent to compassionate release, that the release plan of the inmate includes:
1. Identification of a community sponsor or supportive service (hospital, hospice, or nursing home facility);
2. Verification of the availability of appropriate medical services sufficient to meet the treatment requirements identified in the medical diagnosis prepared by the Department and utilized to determine the inmate's eligibility for compassionate release; and
3. Verification of appropriate housing, which may include, but need not be limited to, a hospital, hospice, nursing home facility, or other housing accommodation suitable to the inmate's medical condition, disease or syndrome, or permanent physical incapacity.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.55 - Notice of parole release to prosecutor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board, in cases involving the release of an adult inmate on parole, shall provide written notice to the prosecutor of the anticipated parole release of the inmate from incarceration in a county or State penal institution or the Adult Diagnostic and Treatment Center.
(b) If available, the notice shall be provided to the prosecutor 90 days before the inmate's anticipated release; provided, however, the notice shall be provided at least 30 days before release. The notice shall include the person's name, identifying factors, offense history and anticipated future residence.
(c) As used in this section, "prosecutor" means the county prosecutor of the county in which the inmate was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" means the Attorney General.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.56 - Parole contract agreements; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.6 7, the appropriate Board panel and the Department shall enter into formal parole contract agreements with individual inmates reduced to writing and signed by all parties. A parole contract agreement shall stipulate individual programs of education, training, or other activity that shall result in a specified reduction of the inmate's primary parole eligibility date upon such successful completion of the program.
(b) A formal parole contract agreement required under this section shall be entered into within two months of an inmate's admission to a State correctional facility.
(c) An inmate eligible to enter into a parole contract agreement may decline to enter into a parole contract agreement. If an inmate initially declines to enter into a parole contract agreement, the inmate may not at a later date request to enter into a parole contract agreement.
(d) In order to be eligible to enter a parole contract agreement, an inmate must be sentenced on or after August 1, 2010, and must meet the following criteria:
1. The calculation of the inmate's primary parole eligibility date is not based on the service of a judicially or statutorily mandated minimum term imposed as a component of sentence or on the service of a full nine months of sentence or aggregate sentence;
2. The inmate is not serving a period of confinement imposed upon revocation of parole pursuant to N.J.S.A. 30:4-123.6 3 for violation of the conditions of parole granted pursuant to N.J.S.A. 30:4-123.5 5, the conditions of mandatory parole supervision imposed pursuant to 2C:43-7.2, or the conditions of a special sentence of parole supervision for life imposed pursuant to 2C:43-6.4;
3. The inmate is not past his or her primary parole eligibility date at the time of the inmate's admission to a State correctional facility;
4. The inmate is not serving a sentence imposed pursuant to 2C:43-7.2; and
5. The inmate is not serving a sentence imposed on the offense of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to 2C:13-1(c)2, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child pursuant to 2C:24-4(a), endangering the welfare of a child pursuant to 2C:24-4(b)4, luring, or an attempt to commit any of these offenses.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 4 - APPEALS › Section 10A:71-4.1 - Appeals by inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any denial of parole by the special county, young adult or adult Board panel shall be appealable to the Board provided one of the following criteria is met:
1. The Board panel failed to consider material facts.
2. In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel failed to document that a preponderance of the evidence indicates a substantial likelihood that the inmate will commit a crime if released on parole.
3. In the case of an inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel failed to document that a preponderance of the evidence indicates that:
i. The inmate has failed to cooperate in his or her own rehabilitation; or
ii. There is a reasonable expectation that the inmate will violate conditions of parole established pursuant to N.J.A.C. 10A:71-6.4(a) if released on parole.
4. The Board panel's decision is contrary to written Board policy or procedure.
5. A Board member participating in the deliberations or disposition of the case has a demonstrable personal interest or demonstrated prejudice or bias in the case which affected the decision.
6. A Board member participating in the deliberations or disposition of the case has failed to comply with the Board's professional code of conduct.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 4 - APPEALS › Section 10A:71-4.2 - Appellate procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals submitted pursuant to 10A:71-4.1 shall be filed in writing and within 90 days of written notice action or decision being received by the inmate and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. An appeal submitted pursuant to 10A:71-4.1(i)  (failure to provide timely Board panel hearing) shall include reference to the inmate's actual parole eligibility date as established by the Board's staff.
(b) An appeal filed beyond the time period specified in (a) above shall be considered by the Board panel, Board, or Chairperson, as appropriate, on its merits, if it is determined by the Board panel, Board, or Chairperson, as appropriate, that the filing of the appeal was delayed for good cause. Good cause exists in circumstances where it is shown that:
1. The delay in filing the appeal was due to circumstances beyond the control of the inmate; or
2. The inmate delayed filing the appeal for circumstances that could not have been reasonably foreseen or prevented.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 4 - APPEALS › Section 10A:71-4.3 - Review of hearing officer, Board member, Board panel or Board decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Board member, Board panel or the Board may, upon determining that good cause exists, reconsider any decision to grant, deny or revoke parole.
(b) A Board member who participated as a hearing officer or Board panel member in a case may request that the Board review any decision of the Board panel on such case.
1. Such a request may be made provided one of the following criteria is met:
i. The Board panel decision is clearly contrary to written Board policy or procedure or established Board practice.
ii. In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel failed to consider material facts or failed to document that a preponderance of the evidence indicates a substantial likelihood that the inmate will commit a crime if released on parole.
iii. In the case of inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel failed to consider material facts or failed to document that a preponderance of the evidence indicates that:
(1) The inmate has failed to cooperate in his or her own rehabilitation; or
(2) There is a reasonable expectation that the inmate will violate conditions of parole established pursuant to 10A:71-6.4(a)  if released on parole.
iv. The Board panel failed to consider material facts or failed to document that clear and convincing evidence indicates the parolee has seriously or consistently violated the conditions of parole.
v. The Board panel failed to demonstrate, in the case of a parolee revoked for other than criminal convictions, that revocation of parole is desirable.
vi. A Board member failed to comply with the Board's professional code of conduct.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 4 - APPEALS › Section 10A:71-4.4 - Review of Division of Parole decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A determination by a District Parole Supervisor or his or her designated representative shall be appealable to the Director, Division of Parole, or his or her designated representative.
1. An appeal may be submitted, provided one of the following criteria is met:
i. The District Parole Supervisor or his or her representative failed to consider material facts;
ii. The District Parole Supervisor or his or her representative's decision is contrary to written Board policy or procedure; or
iii. The District Parole Supervisor or his or her representative participating in the deliberations or disposition of the case has a demonstrable personal interest or demonstrated prejudice or bias in the case that affected the decision.
iv. The District Parole Supervisor or his or her representative participating in the deliberations or disposition of the case has failed to comply with the Board's professional code of conduct.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.1 - Suspension of a parole release date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board, the appropriate Board panel, the Chairperson, or a designated representative, may suspend a parole release date in accordance with the provisions of this subchapter. Any suspension of a parole release date shall act to prohibit the release of the inmate by the Department on the original parole release date, unless such suspension is subsequently vacated.
(b) Immediately upon suspension of a parole release date, the inmate, the chief executive officer of the institution of incarceration and the Division of Parole shall be notified in writing of such suspension and the reasons therefor.
(c) If such suspension is subsequently vacated, the inmate, the chief executive officer of the institution of incarceration and the Division of Parole shall be immediately notified in writing and the inmate shall be released on the original parole release date or as soon thereafter as is practicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.2 - Approval and acceptance of parole plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a parole plan has not been approved prior to parole release by the Board member or members certifying parole release, the inmate's parole release date shall be suspended by such Board member or members pending approval of a parole plan.
(b) If a parole plan has not been accepted by the appropriate supervisory agency, the inmate's parole release date shall be suspended by a designated representative of the Board pending acceptance of a parole plan. If such suspension exceeds 60 days from the parole release date, the Division of Parole shall advise the Board in writing as to the reasons for the failure to approve or accept a parole plan.
(c) Upon the Board receiving notification from the Division of Parole of the failure to approve or accept a parole plan, the Board member, or members, certifying parole release shall review the inmate's case, evaluate the reasons for the failure to approve or accept a parole plan, and determine if further action is appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.3 - Alteration of parole eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, by reason of an additional parole eligibility term which is aggregated pursuant to 10A:71-3.2, an inmate's parole eligibility date is altered, such parole release date shall be suspended.
(b) If an inmate receives an additional sentence as a young adult offender, any parole release date shall be suspended pending consideration of whether a new primary parole eligibility date should be established pursuant to 10A:71-3.3 and 5.5. If a new primary parole eligibility date is established, the original parole release date shall be suspended.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.4 - Pre-release conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Board member or members certifying parole release have established pre-release conditions and an inmate has failed to satisfactorily fulfill such conditions, the inmate's parole release date shall be suspended by such Board member or members.
(b) Upon suspension of the parole release date, the Chairperson shall schedule a hearing before the Board or the appropriate Board panel to determine whether such pre-release condition should be amended or eliminated or whether the inmate should be denied parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.5 - Rescinding a parole release date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or the appropriate Board panel may rescind a parole release date at any time prior to such date if facts, circumstances or conditions are brought to the attention of the Board or the appropriate Board panel, which may indicate that parole release pursuant to N.J.S.A. 30:4-123.5 3 should not have been certified.
(b) It shall be the responsibility of the chief executive officer of the institution of incarceration to promptly provide the Board or the appropriate Board panel with any significant information not previously considered, which may be pertinent to the case of any inmate granted parole release, including, but not limited to, the details of any institutional infraction committed by such inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.6 - Parole rescission hearing; scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the receipt of additional relevant information that may form a basis for parole rescission, a rescission hearing shall be scheduled before the Board, the appropriate Board panel or a hearing officer.
(b) The purpose of the rescission hearing shall be to determine whether, due to circumstances of an institutional infraction committed by such inmate and/or due to circumstances of the inmate's case that were not previously considered, there is good cause for the Board or the appropriate Board panel to reconsider the prior determination certifying parole release.
(c) Upon the initiation of the rescission hearing process, the parole release date shall be suspended for a period of not more than 60 days, and within said time period, a rescission hearing shall be conducted unless the inmate requests a postponement of the rescission hearing.
(d) If the inmate requests a postponement of the rescission hearing, the postponement shall be granted by the Board, the appropriate Board panel or the hearing officer. Such request shall be made in writing and shall be made a part of the inmate's case record.
(e) A rescission hearing may be conducted by videoconferencing. A record of the hearing shall be made pursuant to 10A:71-5.8(a).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.7 - Parole rescission hearing; notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the initiation of the rescission hearing process, the inmate shall be provided with written notification of the reasons for the hearing, the purpose of the hearing, and the information and material to be considered at the hearing, except information classified as confidential pursuant to N.J.A.C. 10A:71-2.2 or the rules of the Department.
(b) Notification pursuant to (a) above shall inform the inmate of the following rights to which he or she shall be entitled at the rescission hearing:
1. The right to appear and speak in his or her own behalf and to be aided by an interpreter if such aid is determined to be necessary by the hearing officer.
2. The right to remain silent.
3. The right to present witnesses to testify in his or her behalf as to matters relevant to the hearing in accordance with 10A:71-2.1 0.
4. The right to present documentary evidence and any other relevant material or information to the hearing officer.
5. The right to confront and cross-examine adverse witnesses upon request, unless the hearing officer determines that such witnesses would be subjected to risk of harm.
6. The right to waive such hearing.
7. The right to disclosure of adverse information, except as provided at N.J.A.C. 10A:71-2.2 or the rules of the Department.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 5 - SUSPENDING OR RESCINDING A PAROLE RELEASE DATE › Section 10A:71-5.8 - Parole rescission hearing; notice of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board, Board panel or hearing officer shall record the rescission hearing by an electronic recording device. If the electronic recording device is not operational the hearing shall proceed only upon the inmate waiving the electronic recording of the hearing. The waiver shall be in writing and signed by the inmate and shall be made a part of the inmate's records. If the inmate does not wish to proceed without the electronic recording of the hearing, the hearing shall be rescheduled within 14 days.
(b) If the rescission hearing is conducted by a hearing officer, the hearing officer shall prepare a written summary of the rescission hearing.
1. Such hearing summary shall be forwarded to the Board or appropriate Board panel, and a copy of the summary shall be forwarded to the inmate, in order that the inmate may object or comment on the hearing summary by submitting written exceptions to the hearing summary. Such exceptions shall be forwarded to the Board, or Board panel, within 14 days after the receipt of the hearing summary. The provisions of N.J.A.C. 10A:71-2.2shall be applicable to any hearing summary provided to the inmate.
2. Within 14 days after the receipt of the hearing summary and the written exceptions thereto, the Board or Board panel shall render a final decision as to rescission of parole.
3. The Board members shall not receive or consider any ex parte communications. The inmate's case shall be decided on the basis of the established record.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.1 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided pursuant to the Interstate Compact for Adult Offender Supervision, N.J.S.A. 2A:168-26 et seq., or the Witness Security Reform Act, 18 U.S.C. §§
										3521 et seq., all parolees released from an adult correctional facility shall at all times be under the supervision of the Division of Parole in accordance with the policies and rules of the Board.
(b) Supervision shall continue until the expiration of the maximum sentence or sentences subject, however, to earlier discharge from parole in accordance with the provisions of N.J.A.C. 10A:71-6.9.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.2 - Supervisory procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or the appropriate Board panel may require specific procedures to be followed in the supervision of individual parolees. Notice of such procedures shall be provided in writing to the appropriate supervisory personnel.
(b) It shall be the responsibility of the appropriate supervisory personnel to provide promptly and fully such information as herein required and such information as the Board or its representative may request on individual cases.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.3 - Certificate of parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to release on parole, the Board shall issue a written certificate of parole which shall be delivered to and signed by each inmate.
(b) Such certificate of parole shall include all general and special conditions of parole imposed prior to release.
(c) Responsibility for the delivery of the certificates of parole shall rest with the Director of Parole or a designated representative of the Board.
(d) At the time of such delivery, all parole conditions shall be explained to the inmate.
(e) The Board shall provide a translation of the certificate of parole to any inmate whose primary language is other than English who requests such a translation in writing to the Board.
(f) Before being released on parole, each inmate shall be required to agree to abide by the conditions of his or her parole as evidenced by his or her signature affixed to the certificate of parole.
(g) If the inmate refuses to sign the certificate of parole, the parole release date shall be suspended pursuant to 10A:71-5.1.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.5 - Restitution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Board members certifying parole release establish a special condition requiring full or partial restitution, the Board shall immediately request that the sentencing court set the amount of such restitution.
(b) The Board shall identify for the sentencing court the elements or factors to be considered in computing the amount of restitution and specify to the court the manner in which the following factors are to be applied.
1. Limitation of restriction to actual loss or damage caused by the crime. Damage may be limited to medical expenses and related costs, funeral expenses, specific personal property losses, other losses if clearly provable, and lost wages for limited periods of time which do not involve assessments of life expectancy.
2. Restitution is to be made to the persons most directly affected by the parolee's criminal acts.
3. Restitution must be related to the parolee's ability to pay and should not exceed an amount which would jeopardize its rehabilitative purpose.
4. Restitution must be directly related to the losses occurring as a result of the criminal act and to the attitude of the offender.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.6 - Modification of conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate Board panel or the Board may modify or vacate a condition of parole at any time for cause.
(b) A parolee may apply to the appropriate Board panel or the Board at any time for modification or vacation of a condition of parole. A parole officer may apply to the appropriate Board panel or the Board at any time for modification or vacation of a condition of parole if the Board panel or the Board has reserved authority to modify or vacate the conditions of parole.
(c) Such application shall be submitted by the District Parole Supervisor at the request of either the parolee or the parolee's parole officer and shall contain the recommendation of the officer and the District Parole Supervisor accompanied by supporting documentation.
(d) If the application is not submitted at the parolee's request, the parolee shall be notified in writing of the proposed modification or vacation prior to submission of the application to the Board panel.
(e) The parolee may submit written comments regarding the application to the Board panel; however, such comments must be received within 15 days of the application.
(f) The Board panel shall consider such application and notify the District Parole Supervisor in writing of the decision within 45 days of the receipt of the application.
(g) The District Parole Supervisor shall notify the parolee in writing of any modification or vacation of a condition of parole and shall cause a written record of such modification or vacation to be made in the parolee's case file.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.7 - Adjustment hearings; State prison parolees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parole officer has probable cause to believe that a State prison parolee has violated a condition of parole, such violation not being a basis for revocation of parole pursuant to N.J.A.C. 10A:71-7, the parole officer may require that the parolee appear before a hearing officer for a review of the parolee's adjustment.
(b) Such adjustment hearings shall be conducted by a hearing officer appointed by the Director of Parole.
1. The hearing officer shall be an impartial official and may not be directly involved in supervision of the parolee.
2. Such appointment shall be made by that authority of the Chairperson, and shall in no way limit or otherwise alter the authority of the Chairperson to designate or appoint a hearing officer for adjustment hearings in cases where the Chairperson deems such action appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.8 - Forfeiture of commutation time credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the preliminary hearing officer pursuant to 10A:71-7.4 or the adult Board panel pursuant to 10A:71-7.1 2 determines that a State prison parolee has violated a condition of parole but that such violation is not serious or persistent or that revocation of parole is not desirable, the hearing officer or Board panel may order the forfeiture of up to 365 days of commutation time credits.
(b) Any such action by the preliminary hearing officer shall be appealable to the adult Board panel pursuant to the provisions of 10A:71-6.7(f).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.9 - Discharge from parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate Board panel may grant any parolee a complete discharge from parole prior to the expiration of the maximum term for which he or she was sentenced, provided that:
1. Such parolee has made a satisfactory adjustment while on parole; and
2. Continued supervision is not required;
3. The parolee has made full payment of any fine or restitution and the parolee has made full payment or, in good faith, established a satisfactory payment schedule for any assessment, penalty, or lab fee; or
4. In the opinion of the Board panel, continued supervision is not warranted or appropriate based upon a review of the facts and circumstances considered pursuant to N.J.A.C. 10A:71-7.10, 7.11, 7.12, 7.16, and 7.17.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.10 - Transfer of parole supervision to out-of-State jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate Board panel may permit a parolee to reside outside the State pursuant to the provisions of the Interstate Compact for Adult Offender Supervision, N.J.S.A. 2A:168-26et seq. (Interstate Compact), if the Board panel is satisfied that such change will not result in a substantial likelihood that the parolee will commit an offense, which would be a crime under the laws of this State.
(b) If an inmate has been granted parole and seeks to reside in another jurisdiction, the inmate shall notify institutional parole staff and complete the documents required by statutory provisions and the Interstate Compact. Institutional parole staff shall forward the documents required by statutory provisions and the Interstate Compact to the Office of Interstate Services.
(c) If a parolee seeks to transfer formal supervision of his or her case to another jurisdiction, the parolee shall notify his or her parole officer and complete the documents required by statutory or regulatory provisions and the Interstate Compact. The District Parole Office shall forward the documents required by statutory and regulatory provisions and the Interstate Compact to the Office of Interstate Services.
(d) Upon receipt of the material submitted pursuant to (b) and (c) above, the Office of Interstate Services shall review the inmate's or parolee's case and determine whether the inmate or parolee is a suitable candidate for the transfer of parole supervision to the designated out-of-State jurisdiction.
(e) If the Office of Interstate Services determines that the request for transfer of the supervision of the inmate's or parolee's case to an out-of-State jurisdiction complies with statutory and regulatory provisions and the Interstate Compact, the Office of Interstate Services shall forward the request for transfer of parole supervision to the designated out-of-State jurisdiction for investigation.
(f) Upon receipt of the completed community investigation by the out-of-State jurisdiction, the Office of Interstate Services shall notify institutional parole staff or the District Parole Office, as applicable, of the out-of-State jurisdiction's decision.
1. In the case of an inmate, the institutional parole staff shall notify the inmate of the out-of-State jurisdiction's decision. If the out-of-State jurisdiction has determined not to accept supervision of the parolee, the institutional parole staff shall interview the offender for an alternate plan.
2. In the case of a parolee, the assigned parole officer shall notify the parolee of the out-of-State jurisdiction's decision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.13 - Polygraph examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.8 8, the Board, on at least an annual basis, may administer to all offenders serving a special sentence of community or parole supervision for life, imposed pursuant to 2C:43-6.4, polygraph examinations in order to obtain information necessary for risk management and treatment and to reduce the offender's denial mechanisms.
(b) A polygraph examination shall be conducted by a polygrapher trained specifically in the use of the polygraph for monitoring of sex offenders, where available, and shall be paid for by the offender.
(c) The results of the polygraph examination shall not be used as evidence in court to prove that a violation of the special sentence of community or parole supervision for life or condition of discharge pursuant to 30:4-27.3 6 has occurred.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 6 - SUPERVISION › Section 10A:71-6.14 - Parole compliance credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.55.e, any offender granted parole, except an offender serving a parole term pursuant to N.J.S.A. 2C:43-6.4 or 2C:43-7.2, shall have the parole term reduced by parole compliance credits at a rate of one day for every six days of parole supervision the offender has completed.
(b) Credits awarded pursuant to (a) above shall cease to accrue upon the issuance of a warrant by the Board and initiation of parole revocation proceedings. Any credits earned pursuant to (a) above shall be forfeited upon the revocation of parole.
(c) Any compliance credits awarded pursuant to (a) above based on actions for which parole revocation proceedings were initiated, but did not result in a revocation of parole and return to custody, shall be forfeited upon a determination by the Board panel or Board that the actions for which compliance credits were awarded violated a condition of parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.1 - Commencement of revocation proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the parole officer has probable cause to believe that a parolee under his supervision has seriously or persistently violated the conditions of parole, the parole officer shall file a report with the District Parole Supervisor requesting the commencement of revocation proceedings.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.2 - Issuance of warrants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole officer shall request that a parole violation warrant be issued when the parole officer has probable cause to believe that the parolee has seriously or persistently violated parole conditions by conduct other than new criminal charges and where evidence indicates that the parolee poses a danger to the public safety or may not appear at revocation proceedings.
(b) In accordance with the provisions of N.J.S.A. 30:4-123.62, the Director of Parole, Supervising Parole Officers, the Supervisor of the Office of Interstate Services, District Parole Supervisors, and the designated representatives of the District Parole Supervisors are hereby authorized to issue warrants on behalf of the Chairperson.
(c) In the absence of the individual(s) authorized to issue warrants pursuant to (b) above, such individual(s) shall designate an acting chief or acting supervisor for the purpose of issuing warrants.
(d) If an emergency exists and if the individual(s) authorized to issue warrants pursuant to (b) and (c) above are not available, a parole officer may issue a warrant pending review by the individual(s) authorized to issue warrants pursuant to (b) and (c) above.
1. When a warrant is issued pursuant to (d) above, the individual(s) authorized to issue warrants pursuant to (b) or (c) above shall review the basis for the issuance of such warrant within 48 hours of the issuance of the warrant.
2. If such individual determines that the issuance of the warrant is not necessary, the warrant shall be immediately withdrawn.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.3 - Motion for accelerated revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the arrest of a parolee for an alleged offense committed while on parole, it shall be the responsibility of the local police department to immediately notify the prosecuting authority and the parole officer of the fact of the parolee's arrest. Notification to the prosecutor may be restricted pursuant to instructions from the prosecutor's office.
(b) If the prosecuting authority or the Director of Parole, or his or her designee, determines that the charges against the parolee are of a serious nature and the parolee otherwise poses a danger to public safety, the prosecuting authority or the Director of Parole, or his or her designee, may apply, in writing, to the Chairperson, or his or her designated representative, for the prompt initiation of revocation proceedings.
1. Such application shall include:
i. The amount of bail, if any, set in the case; and
ii. An evaluation of the likelihood of the parolee posting bail or being released from detention; and
iii. Appropriate discovery material which will clearly document that the parolee may have committed a new crime or an act of delinquency; and
iv. The reasons why the parolee poses a danger to public safety.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.4 - Preliminary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
When a parolee is arrested on a parole violation warrant, a preliminary hearing shall be conducted by a hearing officer to determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of parole and whether revocation of parole is desirable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.5 - Preliminary hearing; scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The preliminary hearing shall be conducted within 14 days of the parolee's return to custody as a parole violator, unless the hearing officer, the parole officer or the parolee requests a postponement of such hearing.
(b) A preliminary hearing may be conducted by videoconferencing.
(c) If the parolee requests a postponement of the preliminary hearing, such postponement shall be granted by the hearing officer for good cause. Such request shall be made in writing and the hearing officer shall record such request and the determination of the hearing officer in the parolee's case record.
(d) If the hearing officer or the parole officer requests a postponement of the preliminary hearing, such postponement, if granted, shall not exceed 14 days from the original deadline determined pursuant to (a) above.
(e) If the request for postponement by the hearing officer or the parole officer is due to unanticipated scheduling problems or other emergent circumstances, such request shall be granted by the appropriate Board panel.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 7 - REVOCATION OF PAROLE › Section 10A:71-7.6 - Designation of preliminary hearing officers

Current through Register Vol. 56, No. 14, July 15, 2024
Preliminary hearings shall be conducted by a hearing officer appointed by the Chairperson, or his or her designated representative.