N.J. Admin. Code § 10A:71-3.18

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

Section 10A:71-3.18 - Board panel hearing; notice of decision for adult inmates

(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.

2. Deny parole and establish a future parole eligibility date pursuant to 10:71-3.2 1.

3. Defer decision pending the receipt of relevant information or the conducting of an evaluation pursuant to 10A:71-3.7(h) or (i).

i. No such deferral shall extend more than 90 days past the inmate's parole eligibility date.

ii. If such additional relevant information is of an adverse nature, then the parole hearing shall be reconvened as soon as possible after receipt of such information.

(b) If the Board panel determines to certify parole release pursuant to (a)1 above, the Board panel 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 panel determines that the inmate shall be placed in a halfway house facility for a specified time period as a pre-release condition, the Board panel shall refer the matter to the Board for review. If the Board upon reviewing the record concurs that placement of the inmate in a half-way house facility for a specified time period is an appropriate 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 panel shall determine whether the pre-release condition should be eliminated and the grant of parole affirmed or whether the inmate should be denied parole.

(d) Pursuant to N.J.S.A. 30:4-123.5 5(f), the Board panel shall not certify parole release in the case of an offender serving a term for the crime of murder. In such a case, if the Board panel is of the opinion that parole release is appropriate, the Board panel shall automatically refer the case for a hearing before the Board. The provisions of this subsection shall not apply to an inmate who has his or her parole revoked and is returned to custody pursuant to N.J.S.A. 30:4-123.6 3.

(e) If a parole release date has been established based upon a projected 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 project 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 or 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.

(f) Within 30 days of the Board panel hearing, the Board panel shall issue a written notice to the inmate, the Department, the Board and the Prosecutor for the county from which the inmate was committed.

(g) Such notice shall consist of the decision of the Board panel, and, if the Board panel's decision is to deny parole 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.

N.J. Admin. Code § 10A:71-3.18

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Section substantially amended.
Amended by R.1988 d.336, effective 7/18/1988.
See: 19 N.J.R. 1396(b), 20 N.J.R. 1716(b).
Deleted (a)4.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c), 22 N.J.R. 825(a).
New (b) added; (b)-(d) recodified to (c)-(e).
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.144, effective 3/16/1998.
See: 29 N.J.R. 4243(a), 30 N.J.R. 1044(a).
In (a)3i, increased the deferral limit from 90 days to 180 days.
Amended by R.1998 d.391, effective 8/3/1998.
See: 30 N.J.R. 1176(a), 30 N.J.R. 2920(a).
In (a)3, added "or the conducting of an evaluation pursuant to N.J.A.C. 10A:71-3.7(h) or (i)" at the end of the introductory paragraph.
Amended by R.2001 d.188, effective 6/4/2001.
See: 33 N.J.R. 646(a), 33 N.J.R. 1919(a).
In (a)3ii, substituted "90 days past the inmate's parole eligibility date" for "180 days unless otherwise authorized by the Board".
Amended by R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a).
In (f), updated the N.J.A.C. reference.

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