reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Actual eligibility date" shall mean the date that an adult inmate is actually eligible for consideration for parole. Such date shall be calculated, except as otherwise provided by statute, by the application of the following credits: commutation credits; credit for time served in a county jail prior to the date of sentence; earned work and earned minimum custody credits as of a specified date.
"Book eligibility date" shall mean the parole eligibility date established pursuant to N.J.S.A. 30:4-123.51 and N.J.S.A. 30:4-123.64. Such date shall be calculated by application of credit for time served in a county jail prior to the date of sentence, and except as otherwise provided for by statute, commutation credits.
"Flat eligibility date" shall mean the parole eligibility date established on an individual term pursuant to N.J.S.A. 30:4-123.51 and N.J.S.A. 30:4-123.64prior to aggregation for the purposes of the calculation of a single parole eligibility date. Such date shall be calculated by the application of credit for time served in a county jail prior to the date of sentence.
"Maximum date" shall, except as otherwise provided by statute and herein, mean the court ordered maximum date less commutation credits, credit for time served in a county jail prior to the date of sentence, earned work and earned minimum custody credits as determined by the Department or the county correctional authority.
"Primary eligibility date" shall mean the parole eligibility date established pursuant to N.J.S.A. 30:4123.51 and 30:4-123.64, based upon the sentence imposed by the court or the Board schedules contained at N.J.A.C. 10A:71-3.3 and 7.17. Such date may be altered pursuant to N.J.A.C. 10A:71-3.4, 3.5, and 3.21.
"Projected eligibility date" shall mean that date calculated by the application, except as otherwise provided by statute, of the following credits: commutation credits; credit for time served in a county jail prior to the date of sentence; earned work and minimum custody credits as of a specific date and projected work and minimum custody credits based on a pattern of such credits established by the Department. Any change in the pattern shall be reported by the Department to the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.3 - Parole eligibility for young adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided herein, an inmate sentenced to an indeterminate term of years as a young adult inmate shall be primarily eligible for parole consideration on a date established by a hearing officer or the young adult Board panel pursuant to the following schedule of presumptive primary eligibility dates:
PRESUMPTIVE PRIMARY ELIGIBILITY DATES (MONTHS)
LENGTH OF INDETERMINATE TERM
(Years)
Crime Category
0-4
5-9
10-14
15-20
Category A
16
32
40
48
Category B
14
20
28
Category C
12
14
18
22
Category D
10
10
Category E
8
Category A: Any first degree crime, except as provided in Category C.
Category B: Any second degree crime, except as provided in Category C.
Category C: Manufacturing, distributing or dispensing a controlled dangerous substance second degree or possession with intent to manufacture, distribute or dispense a controlled dangerous substance, first or second degree.
Category D: Any third degree crime.
Category E: Any fourth degree crime.
(b) The presumptive primary eligibility date established pursuant to (a) above may be reduced by up to ten months if the young adult Board panel or the hearing officer establishing the date determines that one or more mitigating factors such as, but not limited to, the following are present:
1. The inmate has no prior adult convictions.
2. The inmate has previously adjusted successfully to parole or probation.
3. The inmate acted under strong provocation.
4. The inmate did not contemplate that his or her conduct would cause or threaten serious injury.
5. The inmate has no prior incarcerations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.4 - Institutional infractions; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the responsibility of the chief executive officer, within seven days of resolution of any administrative appeal, to notify in writing the senior Board representative at the institution that an adult inmate has committed an institutional infraction listed in (c) below.
(b) Except as otherwise provided in N.J.A.C. 10A:71-5, upon being advised by the senior Board representative at the institution that an adult inmate has committed an institutional infraction listed in (c) below, the appropriate Board panel or designated hearing officer may increase the inmate's eligibility date according to the schedule listed herein.
(c) The appropriate Board panel, designated hearing officer or senior Board representative at the institution shall, at least 14 days prior to the consideration of the adult inmate's case, notify the inmate in writing of the following:
1. The inmate's case and institutional records will be reviewed for the possible increase in the inmate's parole eligibility date as a result of the commission of an institutional infraction(s);
2. The inmate may submit in writing to the appropriate Board panel or designated hearing officer a statement pertaining to any mitigating circumstances.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.5 - Parole eligibility term reductions (exceptional progress)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate Board panel will consider requests for exceptional progress eligibility term reductions from adult inmates if the following requirements are met:
1. The inmate has demonstrated exceptional progress in appropriate institutional or community programs; and
2. The inmate is not serving a mandatory minimum term; and
3. Unless otherwise authorized by the panel for good cause, the inmate has served at least two years in a State correctional facility, is within two and one-half years of parole eligibility, and has not received any institutional infractions within the last two years.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.6 - Notice of parole eligibility; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the admission of an adult inmate to a State correctional facility, it shall be the responsibility of the chief executive officer of such facility to promptly notify the Board.
(b) Upon such notification and within 90 days of the commencement of the sentence, the Board shall notify the inmate in writing of his or her primary parole eligibility date.
(c) Each inmate shall be given the opportunity to acknowledge in writing the receipt of such notice. Failure by the inmate to acknowledge the receipt of such notice shall be recorded in the Board's files.
(d) The Board shall annually monitor the progress of each adult inmate and provide the inmate and the Department with a written statement of any changes in the inmate's parole eligibility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.7 - Preparation of cases for parole hearings; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Five to seven months in advance of the actual eligibility date, the Board shall promulgate a list of those adult inmates who appear to be eligible for parole consideration.
(b) This list shall be distributed to the chief executive officer of the institution of incarceration and the Chairman of the Board of Trustees for the institution of incarceration.
(c) The receipt of this eligibility list by the chief executive officer of the institution of incarceration shall be notice to initiate the preparation of a pre-parole report pursuant to (e) below.
(d) It shall be the responsibility of the chief executive officer to file a report concerning the inmate with the appropriate Board panel within 60 days of the receipt of the Board's list. In the case of an inmate identified by the Board's staff as being past eligible for parole consideration or an inmate who has an accelerated parole eligibility date pursuant to 10A:71-3.1 8A, the chief executive officer shall file the report on the inmate with the appropriate Board panel within 30 days of receipt of notice that the inmate is past eligible for parole consideration or has an accelerated parole eligibility date. If the report is not filed within the aforementioned 30 or 60 day time periods, the chief executive officer shall state the reasons therefore in writing and provide such statement in the report when the report is filed with the appropriate Board panel.
(e) Such report shall consist of the following information:
1. The commitment order, including the sentencing court's written reasons for any sentence imposed;
2. The pre-sentence report;
3. A report on the conduct of the inmate during incarceration;
4. A complete report on the inmate's social, physical, and mental condition and reports of the inmate's institutional housing, work, education, and program participation;
5. Any other information reflecting on the likelihood that the inmate will commit a crime if paroled;
6. An investigation of any outstanding detainers;
7. The inmate's actual maximum date based on current credits;
8. In the case of an inmate serving a specific term or life term, the projected work and minimum custody credit pattern as established by the classification department;
9. An itemized account of the assessment, penalty, lab fee, fine, and restitution amounts imposed by the sentencing court and the balance owed by the inmate on the respective monetary obligation;
10. Any history of civil commitment;
11. Any disposition which arose out of any charges suspended pursuant to 2C:4-6 including records of the disposition of those charges;
12. Any acquittals by reason of insanity pursuant to N.J.S.A. 2C:4-1;
13. Any psychological reports prepared in connection with any court proceedings; and
14. An assessment of whether the inmate meets the requirements of administrative parole release pursuant to N.J.A.C. 10A:71-3.22.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.8 - Public notice; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 30 days prior to parole consideration, a copy of the list prepared pursuant to N.J.A.C. 10A:71-3.7(a), including the county from which the inmate was sentenced and the crime for which he or she was incarcerated, shall be forwarded to the Office of the Public Defender of each county or the private attorney of record for the inmate, the appropriate prosecutor's office, the sentencing court, the Office of the Attorney General, the State Police, news organizations that maintain offices at the State Capitol, and any other news organizations that request such list, and to any other criminal justice agencies whose information and comment may be relevant.
(b) In no case shall an inmate serving a life term, a fixed minimum and maximum term, a specific term or an indeterminate term be released on parole unless public notice pursuant to (a) above has been provided on these terms.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.9 - Inmate statements; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the responsibility of the chief executive officer to provide each inmate with a copy of the report filed on his or her case pursuant to 10A:71-3.7 at the time such report is filed with the Board panel, except information classified as confidential pursuant to 10A:71-2.2 or the rules and regulations of the Department.
(b) The inmate may file with the Board panel a written statement regarding such report and any other written information such inmate wishes the Board panel or hearing officer to review.
(c) Such statement shall be filed within 15 days of the date the inmate receives his or her copy of such report, unless the inmate requests and receives a postponement of the hearing process pursuant to 10A:71-3.5 1.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.10 - Purpose of parole hearing; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that there is a substantial likelihood that the inmate will commit a crime under the laws of the State of New Jersey if released on parole.
(b) In the case of an inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that 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. Failure to cooperate in his or her own rehabilitation shall include, in the case of an inmate who suffers from mental illness as defined in 30:4-27.2 that does not require institutionalization, that the inmate failed to fully participate in or cooperate with all prescribed treatment offered during incarceration.
(c) In the case of an inmate sentenced to the Adult Diagnostic and Treatment Center pursuant to N.J.S.A. 2A:164-3 et seq., or in the case of an inmate sentenced to the Adult Diagnostic and Treatment Center pursuant to 2C:47-1 et seq. for an offense committed prior to December 1, 1998, the Board panel shall determine whether the inmate, if released, is capable of making an acceptable social adjustment in the community.
(d) In the case of an inmate sentenced to the Adult Diagnostic and Treatment Center pursuant to 2C:47-1 et seq. for an offense committed on or after December 1, 1998, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by the preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will violate conditions of parole if released on parole.
(e) If an inmate is being considered for parole on sentences to both the Corrections Complex and to the Adult Diagnostic and Treatment Center, the Board panel shall make independent determinations required pursuant to both (a) or (b) and (c) or (d) above.
(f) An offender sentenced in accordance with 2C:47-1 et seq. who is female and who is confined in a facility designated by the Commissioner pursuant to 30:4-91.2 shall be subject to the same rules as an offender sentenced in accordance with 2C:47-1 et seq. who is male. All references in this chapter to the Adult Diagnostic and Treatment Center shall be deemed, when applied to a female sentenced in accordance with 2C:47-1 et seq., to refer to the sex offender treatment program at the facility designated by the Commissioner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.11 - Factors considered at parole hearings; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parole decisions shall be based on the aggregate of all pertinent factors, including material supplied by the inmate and reports and material which may be submitted by any persons or agencies which have knowledge of the inmate.
(b) The hearing officer, Board panel, or Board shall consider the following factors and, in addition, may consider any other factors deemed relevant:
1. Commission of an offense while incarcerated.
2. Commission of serious disciplinary infractions.
3. Nature and pattern of previous convictions.
4. Adjustment to previous probation, parole and incarceration.
5. Facts and circumstances of the offense.
6. Aggravating and mitigating factors surrounding the offense.
7. Pattern of less serious disciplinary infractions.
8. Participation in institutional programs which could have led to the improvement of problems diagnosed at admission or during incarceration. This includes, but is not limited to, participation in substance abuse programs, academic or vocational education programs, work assignments that provide on-the-job training and individual or group counseling.
9. Statements by institutional staff, with supporting documentation, that the inmate is likely to commit a crime if released; that the inmate has failed to cooperate in his or her own rehabilitation; or that there is a reasonable expectation that the inmate will violate conditions of parole.
10. Documented pattern or relationships with institutional staff or inmates.
11. Documented changes in attitude toward self or others.
12. Documentation reflecting personal goals, personal strengths or motivation for law-abiding behavior.
13. Mental and emotional health.
14. Parole plans and the investigation thereof.
15. Status of family or marital relationships at the time of eligibility.
16. Availability of community resources or support services for inmates who have a demonstrated need for same.
17. Statements by the inmate reflecting on the likelihood that he or she will commit another crime; the failure to cooperate in his or her own rehabilitation; or the reasonable expectation that he or she will violate conditions of parole.
18. History of employment, education and military service.
19. Family and marital history.
20. Statement by the court reflecting the reasons for the sentence imposed.
21. Statements or evidence presented by the appropriate prosecutor's office, the Office of the Attorney General, or any other criminal justice agency.
22. Statement or testimony of any victim or the nearest relative(s) of a murder/manslaughter victim.
23. The results of the objective risk assessment instrument.
24. Subsequent growth and increased maturity of the inmate during incarceration.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.12 - In absentia hearings; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an inmate is physically unable to appear at a parole hearing, or if an inmate refuses to appear at a parole hearing, the hearing officer, Board panel, or the Board shall consider the case on the record in the inmate's absence.
(b) If a mental competency examination has certified that the inmate is unable to understand the nature of the parole proceedings, the Board or an interested party may begin proceedings before the relevant court for appointment of a guardian ad litem for the inmate, who may appear before the Board on behalf of the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.13 - Parole hearing procedures; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole hearing shall be informal.
(b) Parole hearings on a scheduled hearing date shall commence at 9:00 A.M. unless otherwise agreed to by the Board panel members.
(c) The hearing officer, Board panel or Board shall receive as evidence any relevant and reliable documents or testimony.
(d) All such evidence not classified as confidential pursuant to 10A:71-2.2 or the rules and regulations of the Department shall be disclosed to the inmate.
(e) The inmate shall have the right to rebut any evidence and shall have the right to present evidence on his or her own behalf.
(f) The inmate shall have the right to be aided by an interpreter, if such aid is determined to be necessary by the hearing officer, Board panel or Board.
(g) The inmate shall have the right to be aided by a Board representative pursuant to 10A:71-2.1 1.
(h) The inmate shall disclose any information concerning any history of civil commitment.
(i) The inmate shall have the right to request, in writing, a postponement of the hearing at any time, and the hearing officer or Board panel may grant such request. However, such postponement shall not be deemed a waiver of the time limits contained in this subchapter unless authorized pursuant to 10A:71-3.5 1.
(j) The decision of the hearing officer, Board panel or Board shall be based solely on the evidence presented at the hearing.
(k) The hearing officer or presiding Board member shall record the 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 for the next available hearing date.
(
l
) The Board shall adopt a professional code of conduct and parole hearings shall be conducted in accordance with the professional code of conduct.
(m) A parole hearing may be conducted by videoconferencing. A record of the hearing shall be made pursuant to (k) above.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.14 - Scheduling of case review and initial parole hearing; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the Board panel's receipt of the reports required pursuant to 10A:71-3.7, the Chairperson shall establish a schedule of case reviews and parole hearings to be conducted by a hearing officer assigned by the Chairperson.
(b) Except as provided in 10A:71-3.5 1, such case reviews and hearings shall be conducted at least 60 days or as soon as practicable in advance of the inmate's actual parole eligibility date.
(c) The Chairperson, when practicable, shall notify the chief executive officer of the schedule of such case reviews and hearings, including those to be conducted by videoconferencing, at least seven days prior to the hearings.
(d) It shall be the responsibility of the chief executive officer to immediately notify the Chairperson if any inmate scheduled for a hearing is transferred from the institution or is not expected to be available for any reason.
(e) It shall be the responsibility of the chief executive officer to make arrangements to have any inmate scheduled for a parole hearing brought to the hearing, unless such inmate is physically unable to appear or refuses to appear for the hearing.
(f) It shall be the responsibility of the chief executive officer to notify the assigned hearing officer, in writing, of the reason for the failure of an inmate to appear at a scheduled parole hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.15 - Initial hearing and case review notice of decision; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the parole hearing or case review, the hearing officer shall:
1. Recommend, except as provided at (b) below, to the members of the appropriate Board panel that the inmate be released on parole;
2. Refer the case to the appropriate Board panel for a hearing;
3. Defer a decision for up to 45 days in order to obtain relevant information; or
4. Determine whether the inmate is eligible for administrative parole pursuant to N.J.A.C. 10A:71-3.22 and , if the inmate is eligible, recommend that the inmate be granted administrative parole release.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.16 - Board member review; adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the hearing officer recommends that an inmate be released on parole, or recommends the inmate for administrative parole release, the Chairperson shall assign two members of the appropriate Board panel to review such recommendation.
(b) If the assigned Board members concur with the recommendation of the hearing officer or, in the case of an inmate recommended for administrative parole release, confirm that the inmate is eligible for administrative parole release, the members shall certify parole release as soon as practicable after the parole eligibility date by:
1. Establishing a parole release date based upon the inmate's projected parole eligibility date; or
2. Establishing a specific parole release date; and
3. Establishing appropriate pre-release conditions; and
4. Establishing appropriate special parole conditions pursuant to N.J.A.C. 10A:71-6; and
5. Issuing a written decision within 21 days of the Board members' action to the inmate, the Department, the Board and the Prosecutor for the county from which the inmate was committed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.17 - Board panel hearing; scheduling for adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any case referred to a Board panel by a hearing officer pursuant to 10A:71-3.1 5 or by Board members pursuant to 10A:71-3.1 6 shall be scheduled by the Chairperson for a hearing by the appropriate Board panel.
(b) Except as provided in 10A:71-3.5 1, such hearing shall be conducted at least 30 days or as soon as practicable in advance of the inmate's actual parole eligibility date.
(c) The Chairperson, when practicable, shall notify the chief executive officer of the schedule of such hearings at least seven days prior to the hearings. The notice may include, when appropriate, that the scheduled hearings will be conducted by videoconferencing.
(d) It shall be the responsibility of the chief executive officer to immediately notify the Chairperson if any inmate scheduled for a hearing is transferred from the institution or is not expected to be available for any reason.
(e) It shall be the responsibility of the chief executive officer to make arrangements to have any inmate scheduled for a parole hearing brought to the hearing, unless such inmate is physically unable to appear or refuses to appear for the hearing.
(f) It shall be the responsibility of the chief executive officer or designee to notify the Board panel, in writing, of the reason for the failure of an inmate to appear at a scheduled parole hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.18 - Board panel hearing; notice of decision for adult 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, except as provided in (b) below, as soon as practicable after the parole eligibility date by:
i. Establishing a parole release date based upon the inmate's projected parole eligibility date; or
ii. Establishing a specific parole release date; and
iii. Establishing appropriate pre-release conditions; and
iv. 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:71-3.19 - Board hearing; scheduling for adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A case referred to the Board by a Board panel pursuant to 10A:71-3.1 8(c) shall be scheduled by the Chairperson for a hearing by the Board.
(b) Such hearing shall be conducted at least 30 days or as soon as practicable in advance of the inmate's actual parole eligibility date.
(c) The Chairperson, when practicable, shall notify the chief executive officer of the institution, appropriate Department personnel and the inmate of the date of the hearing at least seven days prior to the hearing.
(d) It shall be the responsibility of the chief executive officer of the institution and appropriate Department personnel to make the necessary arrangements to have the inmate present at the New Jersey State Prison on the hearing date.
(e) It shall be the responsibility of the chief executive officer of the institution to immediately notify the Chairperson if the inmate is unavailable, for any reason, to attend the hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.20 - Board hearing; notice of decision for adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the Board hearing, the Board shall take one of the actions as specified in 10A:71-3.1 8(a).
(b) If the Board determines to certify parole release, the Board shall not impose on any parolee any condition that would prohibit or restrict manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of N.J.S.A. 2C:35-5.b12, or possession of marijuana or hashish in violation of N.J.S.A. 2C:35-10.a3.
(c) If the Board establishes a parole release date based upon a projected eligibility date, the provisions of 10A:71-3.1 8(d) shall apply.
(d) If the Board determines that the inmate shall be placed in a half-way house facility for a specified time period as a pre-release condition, the Board shall refer the inmate's case to the Department for placement of the inmate in an appropriate half-way house facility. If the Department denies such placement, the decision and the reasons therefor shall be provided in writing by the Department to the Board. Upon receiving notice that placement has been denied, the Board shall determine whether the pre-release condition should be eliminated and the grant of parole affirmed or whether the inmate should be denied parole.
(e) Within 30 days of the Board hearing, the Board shall issue a written notice to the inmate, the Department and the Prosecutor for the county from which the inmate was committed.
(f) Such notice shall consist of the decision of the Board and, if the Board's decision is to deny or defer decision, the notice shall contain the reasons therefor, except information classified as confidential pursuant to 10A:71-2.2 or the rules and regulations of the Department.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.21 - Board panel action; schedule of future parole eligibility dates for adult inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon determining to deny parole to a prison inmate, a two-member adult Board panel shall, based upon the following schedule, establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole.
1. Except as provided in this subsection, a prison inmate serving a sentence for murder, manslaughter, aggravated sexual assault, kidnapping, or strict liability for drug induced death, or serving any minimum-maximum or specific sentence in excess of 14 years for a crime not otherwise assigned pursuant to this section shall serve 27 additional months.
2. Except as provided in this subsection, a prison inmate serving a sentence for armed robbery or robbery or serving any minimum-maximum or specific sentence between eight and 14 years for a crime not otherwise assigned pursuant to this section shall serve 23 additional months.
3. Except as provided in this subsection, a prison inmate serving a sentence for burglary, narcotic law violations, theft, arson, or aggravated assault, or serving any minimum-maximum or specific sentence of at least four, but less than eight, years for a crime not otherwise assigned pursuant to this section shall serve 20 additional months.
4. Except as provided in this subsection, a prison inmate serving a sentence for escape, bribery, conspiracy, gambling, or possession of a dangerous weapon, or serving any minimum-maximum or specific sentence less than four years for a crime not otherwise assigned to this section shall serve 17 additional months.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.22 - Administrative parole release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-123.55.d, an adult inmate shall be administratively released on parole at the time of primary or subsequent parole eligibility provided that:
1. The inmate has not been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated at N.J.S.A. 2C:7-2.b, 2C:43-7.2.d, 2C:43-6.c or g, or 30:4-27.26;
2. The inmate has not committed any prohibited acts required to be reported to the prosecutor pursuant to regulations promulgated by the Commissioner during the current period of incarceration, and has not committed any serious disciplinary infraction, designated in rules promulgated by the Commissioner as a prohibited act that is considered to be the most serious, and results in the most severe sanctions, within the previous two years;
3. The inmate has completed relevant rehabilitation programs, as determined by the Department and the Board, available at the correctional facility or applied for, but was unable to complete, or was denied access to, these programs due to circumstances beyond the inmate's control including, but not limited to, capacity limitations or exclusionary policies of these programs; and
4. Crime victims have received notification as required by law.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.34 - Calculation of parole eligibility: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county inmate committed for a specific term in a county jail, workhouse or penitentiary shall become primarily eligible for parole upon the service of any judicial or statutory mandatory minimum term or one-third of the sentence imposed where no judicial or statutory mandatory minimum term or 60 days of his aggregate term, whichever is greater.
(b) If the parole eligibility date is based on a judicial or statutory mandatory minimum term or 60 days of the aggregate term, the parole eligibility date shall include credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence.
(c) If the parole eligibility date is based on one-third of the sentence imposed, the parole eligibility date shall include commutation credits pursuant to 2A:164-24, credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence, and earned work and earned minimum custody credits pursuant to 30:8-28.4.
(d) In no case shall a county inmate be eligible for parole prior to the service of 60 days of his aggregate term, less credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.35 - Notice of parole eligibility: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a county inmate's parole eligibility date is within six months of the date of sentence, the sentencing judge shall state such inmate's parole eligibility on the record. This action shall satisfy all public and inmate notice requirements.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.36 - Preparation of cases for parole hearings: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Forty-five days in advance of the parole eligibility date, the chief executive officer of the institution of incarceration or designee shall initiate the preparation of up-to-date staff reports.
(b) It shall be the responsibility of the chief executive officer or designee to file a report concerning the county inmate with the designated hearing officer or appropriate Board panel within 30 days in advance of the parole eligibility date.
(c) Such report shall consist of the following information:
1. The commitment order, including the sentencing court's written reasons for any sentence imposed, on all sentences being served;
2. The pre-sentence report, including a criminal case history record, on any offense of the fourth degree or greater;
3. The municipal court complaint(s) upon which the inmate's commitment is based;
4. A criminal case history record in the case of a commitment from a municipal court;
5. Division of Motor Vehicle case record (or Driver's Abstract) in the case of a commitment for any motor vehicle violation(s) or related offense(s);
6. Any statement or information submitted by the sentencing court, the prosecutor, the probation office or any other interested agency;
7. The status of any detainer(s);
8. A report on the inmate's institutional adjustment, conduct and program participation including housing, work, educational or vocational training;
9. A report on the inmate's parole plan, when available;
10. The recommendation or comments of the chief executive officer or designee at their discretion;
11. Any other information reflecting on the likelihood that the inmate will commit a crime if released on parole;
12. The inmate's credit earning pattern as established by the chief executive officer or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.37 - Inmate statements: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the responsibility of the chief executive officer of the institution or designee to provide each inmate with a copy of the report filed pursuant to 10A:71-3.3 6 at the time such report is filed with the designated hearing officer or Board panel, except such information classified as confidential pursuant to 10A:71-2.2 or by the chief executive officer of the institution.
(b) The inmate may file with the designated hearing officer or the Board panel a written statement regarding such report and any other information such inmate wishes the hearing officer or Board panel to review.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.38 - Purpose of parole hearing; county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that there is a substantial likelihood that the inmate will commit a crime under the laws of this State if released on parole.
(b) In the case of an inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that 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.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.39 - Factors considered at parole hearings: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parole decisions shall be based on the aggregate of all pertinent factors including material supplied by the inmate and reports and material which may be submitted by persons or agencies which have knowledge of the inmate.
(b) The hearing officer, Board panel or Board shall consider those factors as specified in 10A:71-3.1 1 and any other factor(s) deemed relevant.
(c) Any detainer shall be noted by the hearing officer, Board panel or Board and shall not be grounds for denial of parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.40 - In absentia hearings: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of 10A:71-3.1 2 shall be applicable in the cases of county inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.41 - Parole hearing procedures: county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parole hearing provisions of 10A:71-3.1 3, except subsection (d), shall be applicable in the cases of county inmates.
(b) All information not classified as confidential pursuant to 10A:71-2.2 or by the chief executive officer of the institution shall be disclosed to the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.42 - Scheduling of initial parole hearings; county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson shall establish a schedule of parole hearings to be conducted by a hearing officer assigned or designated by the Chairperson.
(b) Except as provided in 10A:71-3.5 1, such hearings shall be conducted at least 21 days in advance of the inmate's parole eligibility date or as soon as administratively feasible.
(c) The Chairperson or designee, when practicable, shall notify the chief executive officer of the institution or designee of the schedule of such hearings at least seven days prior to the hearings.
(d) It shall be the responsibility of the chief executive officer of the institution or designee to immediately notify the Chairperson or designee if any inmate is not expected to be available for a hearing for any reason.
(e) It shall be the responsibility of the chief executive officer of the institution or designee to make arrangements to have any inmate scheduled for a parole hearing brought to the hearing, unless such inmate is physically unable to appear or refuses to appear for the hearing.
(f) It shall be the responsibility of the chief executive officer of the institution or designee to notify the assigned hearing officer in writing of the reason for the failure of an inmate to appear at a scheduled parole hearing.
(g) An initial parole hearing may be conducted by videoconferencing. The notice required by (c) above may include, when appropriate, notice that the scheduled initial parole hearing will be conducted by videoconferencing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.43 - Initial hearing notice of decision; county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the parole hearing, the hearing officer shall:
1. Recommend to the members of the appropriate Board panel that the inmate be released on parole; or
2. Refer the case to the appropriate Board panel for a hearing; or
3. Defer decision for up to 30 days in order to obtain relevant information.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.44 - Board member review; county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the hearing officer recommends that an inmate be released on parole, the Chairperson shall assign a member of the appropriate Board panel to review such recommendation. In cases of offenders serving sentences for crimes of the first and second degree, such recommendation shall be reviewed by two members of the appropriate Board panel or one Board member of the appropriate panel and one hearing officer.
(b) If such Board member(s) or one Board member of the appropriate panel and one hearing officer concurs with the recommendation of the hearing officer, the Board member(s) or one Board member and one hearing officer shall certify parole release as soon as practicable after the parole eligibility date by:
1. Establishing a specific parole release date as soon after the inmate's actual parole eligibility date as practicable; and
2. Establishing appropriate pre-release conditions; and
3. Establishing appropriate special parole conditions pursuant to N.J.A.C. 10A:71-6; and
4. Issuing a written notice of this action within seven days to the inmate, the chief executive officer of the institution, the Division of Parole and the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 3 - PAROLE RELEASE HEARINGS › Section 10A:71-3.45 - Board panel hearings; scheduling for county inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any case referred to a Board panel by a hearing officer pursuant to 10A:71-3.4 3 or by a Board member(s) or a Board member and a hearing officer pursuant to 10A:71-3.4 4 shall be scheduled by the Chairperson for a hearing by the appropriate Board panel.
(b) The Board panel may be composed of any two Board members or any one Board member and one hearing officer as necessary for the efficient functioning of the Board.
(c) Except as provided in 10A:71-3.5 1, such hearing shall be conducted at least 14 days in advance of the inmate's parole eligibility date or as soon as administratively feasible.
(d) The Chairperson, when practicable, shall notify the chief executive officer of the institution of the schedule of such hearings at least seven days prior to hearings.
(e) It shall be the responsibility of the chief executive officer of the institution or designee to immediately notify the Chairperson or designee if any inmate scheduled for a hearing is not expected to be available for any reason.
(f) It shall be the responsibility of the chief executive officer of the institution or designee to make arrangements to have any inmate scheduled for a parole hearing brought to the hearing, unless such inmate is physically unable to appear or refuses to appear for the hearing.
(g) It shall be the responsibility of the chief executive officer of the institution or designee to notify the Board panel, in writing, of the reason for the failure of an inmate to appear at a scheduled parole hearing.
(h) At the request of the Chairperson, it shall be the responsibility of the chief executive officer of the institution or designee to transport any inmate to another county correctional facility designated by the Chairperson for a scheduled parole hearing. A request to a chief executive officer or designee to transport an inmate shall only be made to insure the efficient functioning of the Board panel and in no case shall a chief executive officer or designee be requested to transport more than two inmates to another county correctional facility.
(i) A Board panel hearing may be conducted by videoconferencing. The notice required pursuant to (d) above may include, when appropriate, notice that the scheduled Board panel hearing will be conducted by videoconferencing.