N.J. Admin. Code § 10A:71-1.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-1.4 - Board membership

(a) The Board shall consist of a Chairperson, 14 associate members, and three alternate Board members. Members of the Board and the alternate Board members shall be appointed by the Governor with the advice and consent of the Senate from qualified persons with training or experience in law, sociology, criminal justice, or related branches of the social sciences. Members shall serve until their successors are appointed and have qualified.

(b) The Governor shall designate a vice-chairperson from among the associate members. The vice-chairperson shall assume the duties of the Chairperson when the Chairperson is absent, unavailable or otherwise unable to perform his or her duties or, in the case of removal or a permanent incapacity, until the qualification of a successor Chairperson appointed by the Governor.

(c) An alternate Board member may assume the duties of an associate member when the associate member is absent, unavailable or otherwise unable to perform his or her duties, or the associate member assumes the duties of the Chairperson, and shall perform those duties only until the associate assumes his or her duties or, in the case of removal or a permanent incapacity, the qualification of a successor appointed by the Governor.

(d) Any vacancy occurring in the membership of the Board, otherwise than by expiration of term, shall be filled in the same manner as one occurring by expiration of term, but for the unexpired term only. Any member of the Board, including any alternate Board member, may be removed from office by the Governor for cause.

(e) Upon certification of the Chairperson that additional parole panels are needed on a temporary basis for the efficient processing of parole decisions, the Governor also may appoint not more than four temporary acting parole Board members from qualified persons with training or experience in law, sociology, criminal justice, or related branches of the social sciences. A temporary acting member shall be appointed for a term of three months. The Governor may extend the appointment of any, or all, of the temporary acting members for additional terms of three months, upon certification of the Chairperson that additional parole panels are needed on a temporary basis for the efficient processing of parole decisions. A temporary acting member shall be authorized to participate in administrative review of initial parole hearing decisions, parole consideration hearings, and determinations concerning revocation or rescission of parole.

(f) The associate members of the Board shall be appointed by the Governor to panels on adult sentences. The Chairperson of the Board shall assign the associate members so appointed to six panels on adult sentences. The Chairperson of the Board shall be a member of each panel. Nothing provided in this subsection shall prohibit the Chairperson from reassigning any member appointed to a panel on adult sentences to facilitate the efficient function of the Board. An alternate Board member may assume, in accordance with the provisions of this section, the duties of any associate member. The Chairperson may assign a temporary acting member to a panel on adult sentences.

(g) When a vacancy on the Board exists which has not been filled by the Governor, the membership of the Board and Board panel shall be deemed to be the existing members of the Board and Board panel, respectively.

(h) Pursuant to N.J.S.A. 2A:4A-44.h, the Chairperson shall designate a member of the Board to be on the panel established pursuant to N.J.S.A. 2A:4A-44.b. The designated Board member shall have experience in juvenile justice or have successfully completed a juvenile justice training program established by the Chairperson. The training program shall be comprised of seven hours of instruction including, but not limited to: emerging scientific knowledge concerning adolescent development, particularly adolescent brain function and how adolescent development relates to incarcerated youth, the influence of peer relationships among adolescents and peer contagion effects, and the effects of juvenile crime on victims.

N.J. Admin. Code § 10A:71-1.4

Amended by R.1998 d.391, effective 8/3/1998.
See: 30 New Jersey Register 1176(a), 30 New Jersey Register 2920(a).
Rewrote the section.
Amended by R.2000 d.50, effective 2/7/2000.
See: 31 New Jersey Register 3579(a), 32 New Jersey Register 472(b).
In (a), increased the number of associate members from eight to ten; in (c), substituted "may" for "shall" following "Board member", and substituted "when the associate member is absent or otherwise unable to perform his or her duties" for "only when the associate member is removed, incapacitated" following "associate member"; and in (e), substituted a reference to eight associate members for a reference to six associate members in the second sentence, substituted a reference to six associate members for a reference to four associate members and substituted a reference to three panels for a reference to two panels in the third sentence, and inserted a new sixth sentence.
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 New Jersey Register 359(a), 34 New Jersey Register 1918(b).
Rewrote the section.

Amended by 53 N.J.R. 1383(b), effective 8/16/2021