N.J. Admin. Code § 10A:71-3.21

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

Section 10A:71-3.21 - Board panel action; schedule of future parole eligibility dates for adult inmates

(a) Upon determining to deny parole to a prison inmate, a two-member adult Board panel shall, based upon the following schedule, establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole.

1. Except as provided in this subsection, a prison inmate serving a sentence for murder, manslaughter, aggravated sexual assault, kidnapping, or strict liability for drug induced death, or serving any minimum-maximum or specific sentence in excess of 14 years for a crime not otherwise assigned pursuant to this section shall serve 27 additional months.

2. Except as provided in this subsection, a prison inmate serving a sentence for armed robbery or robbery or serving any minimum-maximum or specific sentence between eight and 14 years for a crime not otherwise assigned pursuant to this section shall serve 23 additional months.

3. Except as provided in this subsection, a prison inmate serving a sentence for burglary, narcotic law violations, theft, arson, or aggravated assault, or serving any minimum-maximum or specific sentence of at least four, but less than eight, years for a crime not otherwise assigned pursuant to this section shall serve 20 additional months.

4. Except as provided in this subsection, a prison inmate serving a sentence for escape, bribery, conspiracy, gambling, or possession of a dangerous weapon, or serving any minimum-maximum or specific sentence less than four years for a crime not otherwise assigned to this section shall serve 17 additional months.

(b) Upon determining to deny parole to a young adult inmate, a two-member young adult Board panel shall, based upon the following schedule, establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole.

1. Except as provided in this subsection, a young adult inmate serving a sentence for a crime contained in Category A of N.J.A.C. 10A:71-3.3shall serve 24 additional months.

2. Except as provided in this subsection, a young adult inmate serving a sentence for a crime contained in Category B of N.J.A.C. 10A:71-3.3shall serve 16 additional months.

3. Except as provided in this subsection, a young adult inmate serving a sentence for a crime contained in Category C of N.J.A.C. 10A:71-3.3shall serve 12 additional months.

4. Except as provided in this subsection, a young adult inmate serving a sentence for a crime contained in Category D of N.J.A.C. 10A:71-3.3shall serve 10 additional months.

5. Except as provided in this subsection, a young adult inmate serving a sentence for a crime contained in Category E of N.J.A.C. 10A:71-3.3shall serve eight additional months.

(c) The future parole eligibility dates required pursuant to (a) and (b) above may be increased or decreased by up to nine months when, in the opinion of the Board panel, the severity of the crime for which the inmate was denied parole and the prior criminal record or other characteristics of the inmate warrant such adjustment.

(d) A three-member Board panel may establish a future parole eligibility date which differs from that required by the provisions of (a) or (b) and (c) above if the future parole eligibility date which would be established pursuant to such subsections is clearly inappropriate due to the inmate's lack of satisfactory progress in reducing the likelihood of future criminal behavior. In making the determination that the establishment of a future parole eligibility date pursuant to (a) or (b) and (c) above is clearly inappropriate, the three-member panel shall consider the factors enumerated in 10A:71-3.1 1.

1. If, in the opinion of a two-member Board panel denying parole, the future parole eligibility date which would be established pursuant to (a) or (b) and (c) above is clearly inappropriate as provided herein, the two-member Board panel shall refer the inmate's case to the third Board panel member upon conclusion of the hearing. In such instances, the third Board panel member shall review all the records pertaining to the hearing.

2. The two-member Board panel shall, pursuant to 10A:71-3.1 8, notify the inmate in writing that parole has been denied, that a future parole eligibility date pursuant to (a) or (b) and (c) above has not been established and the reasons therefor, and that a three-member Board panel review will occur for the purpose of establishing a future parole eligibility term which differs from the provisions of (a) or (b) and (c) above.

3. The inmate shall have 30 days from the date notice is received to prepare and submit to the Board panel members a written statement. The statement may include any information the inmate may deem relevant to the evaluation of his case by the Board panel members.

4. The three-member Board panel shall, upon disposition of the case, state in writing to the inmate the reasons for the establishment of a future eligibility date which differs from the provisions of (a) or (b) and (c) above.

5. The decision of the three-member Board panel to establish a future parole eligibility date which differs from that required by the provisions of (a) or (b) and (c) above shall be by unanimous decision only. Failure to establish a future parole eligibility date pursuant to this subsection by unanimous decision shall result in the referral of the inmate's case to the Board for the establishment of a future parole eligibility date.

6. If the three-member Board panel fails to establish, by unanimous decision, a future parole eligibility date pursuant to this subsection, the three-member Board panel shall notify the inmate, in writing, that his case has been referred to the Board for the establishment of a future parole eligibility date.

7. The inmate shall have 30 days from the date notice is received pursuant to (d)6 above to prepare and submit a written statement containing any additional information which the inmate may deem relevant to the evaluation of his or her case by the Board.

8. The Board's establishment of a future parole eligibility date shall be based on the review of all records of the panel hearing. Upon disposition of the case, the Board shall state in writing to the inmate the reasons for the establishment of a future parole eligibility date which differs from the provisions of (a) or (b) and (c) above.

(e) The Board, upon the conclusion of a hearing conducted pursuant to 10A:71-3.1 8(c), may establish a future parole eligibility date which differs from that required by the provisions of (a) or (b) and (c) above if the future parole eligibility date which would be established pursuant to such subsections is clearly inappropriate in consideration of the circumstances of the crime, the characteristics and prior criminal record of the inmate and the inmate's institutional behavior.

1. The Board shall include in the notice issued pursuant to 10A:71-3.2 0 the reasons for the establishment of a future parole eligibility date which differs from the provisions of (a) or (b) and (c) above.

(f) If a three-member Board panel or the Board establishes, in the case of an inmate sentenced pursuant to N.J.S.A. 2A:113-4 for a term of life imprisonment, N.J.S.A. 2A:164-17 for a fixed minimum and maximum term or 2C:1-1(b), a future parole eligibility date, which differs from the date required by the provisions of (a) and (c) above, the inmate shall be scheduled for an annual review hearing. The first annual review hearing shall be scheduled within 18 months from the month in which the decision to deny parole was rendered. Thereafter, annual review hearings shall be scheduled every 12 months until the inmate is within seven months of the actual parole eligibility date.

1. At the annual review hearing, which shall be conducted by a Board panel as designated by the Chairperson, the Board panel shall assess the inmate's progress in institutional or community educational, training or other programs, progress in substantially altering those factors which led to the inmate's incarceration, and progress which may indicate that the inmate has reduced the likelihood of future criminal behavior.

2. At the conclusion of the annual review hearing, the Board panel shall:

i. Accept and note documentary evidence of the progress that the inmate has achieved; and

ii. Determine whether the inmate's case shall be referred for a parole release hearing pursuant to this subchapter; or

iii. Determine whether the progress achieved by the inmate merits a reduction in the future parole eligibility date. If such determination is made, the Board Panel is authorized to make an appropriate reduction in the future eligibility term previously established by the three-member Board panel or the Board; or

iv. Defer a decision pending receipt of additional information; or

v. Continue the case until the next annual review.

3. The Board panel shall advise the inmate in writing of its determination.

4. If the Board panel determines that the inmate's case shall be referred for a parole release hearing pursuant to this subchapter, the Board panel shall provide personal notice to each member of the three-member Board panel or the Board, as appropriate, of its determination.

5. The provisions of 10A:71-3.8 shall not apply to an annual review hearing conducted pursuant to this subsection.

(g) If an inmate's maximum sentence(s) will expire prior to the future parole eligibility date otherwise established by the Board panel or Board, the Board panel or Board shall direct that such inmate serve his or her maximum sentence(s).

(h) The prior provisions of (b) above shall apply to young adult inmates whose offenses were committed prior to May 6, 1985 and shall continue in effect for that purpose. The amendments to (b) above shall be applicable to young adult inmates, respectively, whose offenses were committed on or after May 6, 1985.

(i) The amendments to (d) above shall apply to the cases of adult inmates in which a decision to deny parole has been rendered on or after May 6, 1985.

N.J. Admin. Code § 10A:71-3.21

Amended by R.1980 d.226, effective 5/21/1980.
See: 12 N.J.R. 335(b) .
Amended by R.1980 d.359, effective 8/7/1980.
See: 12 N.J.R. 420(b) , 12 N.J.R. 538(a) .
Amended by R.1981 d.179, effective 6/7/1981.
See: 13 N.J.R. 228(c) , 13 N.J.R. 364(c) .
(c): "nine months" was "six months".
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) .
Substituted "within 18" for "12".
Administrative correction to (b)3.
See: 21 N.J.R. 3777(b) .
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c) , 22 N.J.R. 825(a) .
Recodified from N.J.A.C. 10A:71-3.19 ; changed terminology to that of the Comprehensive Drug Reform Act of 1986.
Administrative correction to (b)3: changed 10 to 16.
See: 22 N.J.R. 1265(d) .
Amended by R.1990 d.257, effective 5/21/1990.
See: 22 N.J.R. 899(a) , 22 N.J.R. 1609(a) .
Added new (e) and recodified (e)-(i) as (f)-(j), with no change in text.
Amended by R.1993 d.399, effective 8/16/1993.
See: 25 N.J.R. 1665(a) , 25 N.J.R. 3826(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.1999 d.189, effective 6/7/1999.
See: 31 N.J.R. 710(a) , 31 N.J.R. 1490(a) .
In (d), rewrote the introductory paragraph.
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 N.J.R. 1044(a) , 33 N.J.R. 2672(a) .
Rewrote (f)1.
Amended by R.2005 d.127, effective 4/18/2005.
See: 36 N.J.R. 4407(a) , 37 N.J.R. 1191(b) .
In (f), rewrote the second sentence in 2iii.
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a) , 42 N.J.R. 2960(a) .
In (b)1, deleted "or B" following "Categories A"; deleted former (b)2; recodified former (b)3 through (b)6 as (b)2 through (b)5; in (b)2, substituted "B" for "D"; in (b)3, substituted "C" for "E"; in (b)4, substituted "D" for "F"; in (b)5, substituted "E" for "G"; in the introductory paragraph of (f), inserted a comma following the first occurrence of "date"; deleted former (f)5; and recodified (f)6 as (f)5.
Petition for Rulemaking.
See: 52 N.J.R. 813(a) , 1030(a) .

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