N.J. Admin. Code § 10A:71-3.16

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

Section 10A:71-3.16 - Board member review; adult inmates

(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.

(c) The Board members certifying parole release 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(b)12, or possession of marijuana or hashish in violation of N.J.S.A. 2C:35-10.a3.

(d) If a parole release date has been established based upon a projected parole eligibility date, the chief executive officer of the institution or designee shall:

1. Notify the senior Board representative at the institution immediately upon an acceleration in the credit pattern. If an acceleration in the credit pattern has occurred then:

i. The parole eligibility date shall be recalculated;

ii. A new parole release date shall be established; and

iii. The inmate shall be notified of the new parole release date.

2. Certify to the senior Board representative at the institution, within 72 hours prior to the date of release, that the inmate has maintained the credit pattern as established by the classification department. If the inmate has failed to earn the projected credits then:

i. The inmate's release on parole shall be deferred;

ii. The parole eligibility date shall be recalculated;

iii. A new parole release date shall be established unless good cause exists to suspend or rescind the parole release date pursuant to N.J.A.C. 10A:71-5; and

iv. The inmate shall be notified that release on parole has been deferred and that a new parole release date has been established.

(e) If such Board members do not concur with the recommendation of the hearing officer or, in the case of an inmate recommended for administrative parole release, do not confirm that the inmate is eligible for administrative parole release, the members shall refer the case to the appropriate Board panel for a hearing and issue a written decision to the inmate, the Department, and the Board within seven days, consisting of the reasons for the Board members' referral.

(f) If such Board members do not reach a unanimous decision, the Chairperson shall determine whether the case shall be referred to the appropriate Board panel for a hearing or whether the case shall be referred to a third Board panel member for review.

1. If the determination is rendered by the Chairperson that the case shall be referred to the appropriate Board panel for a hearing, a written decision shall be issued to the inmate, the Department and the Board within seven days consisting of the reasons for the referral.

2. If the Chairperson refers the case to a third Board panel member and upon review it is the majority vote of the Board panel members to concur with the recommendation of the hearing officer, parole release shall be certified pursuant to (b) above.

N.J. Admin. Code § 10A:71-3.16

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Section substantially amended.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
New (c) added; (c)-(d) recodified as (d)-(e).
Amended by R.1994 d.510, effective 10/17/1994.
See: 26 New Jersey Register 2189(a), 26 New Jersey Register 4190(a).
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).

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

Amended by 54 N.J.R. 1728(a), effective 9/6/2022