N.J. Admin. Code § 10A:71-3.13

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

Section 10A:71-3.13 - Parole hearing procedures; adult inmates

(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.

N.J. Admin. Code § 10A:71-3.13

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
(g) substantially amended.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c), 22 N.J.R. 825(a).
Reference to full Board added throughout.
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 N.J.R. 4150(a), 27 N.J.R. 686(b).
Amended by R.1998 d.391, effective 8/3/1998.
See: 30 N.J.R. 1176(a), 30 N.J.R. 2920(a).
Inserted a new (h); and recodified former (h) through (k) as (i) through ( l).
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 N.J.R. 1044(a), 33 N.J.R. 2672(a).
Added (m).
Amended by R.2008 d.168, effective 6/16/2008.
See: 39 N.J.R. 5049(a), 40 N.J.R. 3726(b).
In (i), updated the N.J.A.C. reference.
Amended by R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a).
In (d) and (g), updated the N.J.A.C. reference.