N.J. Admin. Code § 10A:71-3.15

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

Section 10A:71-3.15 - Initial hearing and case review notice of decision; adult inmates

(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.

(b) In the case of an offender serving a term for the crime of murder, aggravated manslaughter, manslaughter, death by vehicular homicide, aggravated assault second degree, disarming a law enforcement officer first degree, kidnapping, aggravated sexual assault, sexual assault, robbery, carjacking, aggravated arson, burglary second degree, extortion, endangering the welfare of a child second degree, booby traps in manufacturing or distribution facilities, strict liability for drug induced deaths, terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, racketeering first degree or causing or risking widespread injury or damage second degree, the hearing officer shall refer the case for a hearing before the appropriate Board panel.

(c) At the time of the hearing or case review, the hearing officer shall issue a written assessment to the inmate, the Department and the Board panel.

(d) Such case assessment shall consist of the hearing officer's determination and the reasons therefor, except information classified as confidential pursuant to 10A:71-2.2 or the rules and regulations of the Department.

(e) If the hearing officer recommends that the inmate be released on parole, the hearing officer shall advise the inmate at the time of the hearing or upon resolution of any deferred decision of any special parole conditions recommended.

N.J. Admin. Code § 10A:71-3.15

Amended by R.1994 d.510, effective 10/17/1994.
See: 26 N.J.R. 2189(a), 26 N.J.R. 4190(a).
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).
In (b), inserted a reference to death by vehicular homicide.
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 N.J.R. 359(a), 34 N.J.R. 1918(b).
In (a)1, substituted "the members" for "a member".
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
Rewrote (b).
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), updated the N.J.A.C. reference.

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