N.J. Admin. Code § 10A:71-3.5

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

Section 10A:71-3.5 - Parole eligibility term reductions (exceptional progress)

(a) The appropriate Board panel will consider requests for exceptional progress eligibility term reductions from adult inmates if the following requirements are met:

1. The inmate has demonstrated exceptional progress in appropriate institutional or community programs; and

2. The inmate is not serving a mandatory minimum term; and

3. Unless otherwise authorized by the panel for good cause, the inmate has served at least two years in a State correctional facility, is within two and one-half years of parole eligibility, and has not received any institutional infractions within the last two years.

(b) Eligible inmates may apply for an exceptional progress eligibility reduction by submitting a written request to the senior Board representative at the institution in which the inmate is incarcerated. The request shall include documentation to support the inmate's application.

(c) Upon certification from the senior Board representative that the inmate is eligible pursuant to (a)2 and 3 above, the senior Board representative shall forward the application to the appropriate Board panel. Upon receipt of the application, the appropriate Board panel shall review the application and make one of the following determinations:

1. If the Board panel determines that the information provided in the application indicates that the inmates may have achieved exceptional progress, the panel shall request the chief executive officer of the institution of incarceration to provide the panel with updated reports and recommendations concerning the inmate's conduct and progress.

2. If the Board panel determines that the information provided in the application does not indicate that the inmate may have achieved exceptional progress, the panel shall notify the inmate in writing of its determination.

(d) Upon receipt of the chief executive officer's report, a designated Board representative shall forward to the appropriate representative of the Department a copy of the chief executive officer's report and shall request the Department of Corrections to submit its recommendation and comments and the recommendation and comments of the appropriate Board of Trustees to the Board panel. The Department shall return the chief executive officer's report and any relevant documents on the inmate to the designated Board representative.

(e) Upon receipt of the chief executive officer's report, the designated Board representative shall interview the inmate.

(f) The designated Board representative upon completion of said interview shall review all relevant information and evaluate whether or not the inmate has made exceptional progress as evidenced by participation and progress in institutional or community educational, training or other programs and by a substantial alteration of those factors which led to the inmate's incarceration. The designated Board representative shall then prepare and submit a written report to the appropriate Board panel.

(g) The designated Board representative shall notify the appropriate prosecutor(s) of the inmate's application and shall request that the prosecutor submit comments on the application for inclusion into the Board representative's report.

(h) The appropriate Board panel shall review the application, the recommendations, and the comments submitted and the prepared reports to determine whether the inmate has achieved exceptional progress. The Board panel shall consider the following factors in its determination: significant contributions to the institution, other inmates, or to society; participation and progress in institutional or community educational, training or other programs; initiative in developing institutional or community programs; and whether or not there has been a substantial alteration of those factors which led to the inmate's incarceration. If the Board panel approves the application, the panel shall grant a specific parole eligibility term reduction or, in the case of an inmate who has not served the primary parole eligibility term established pursuant to 10A:71-3.2, recommend to the appropriate court that a parole eligibility term reduction be granted.

(i) Unless otherwise authorized by the Board for good cause, any reduction in an inmate's parole eligibility term shall not exceed two years.

(j) Upon final decision, the Board panel shall advise the inmate, the chief executive officer of the institution, the Board of Trustees, the prosecutor and the court in writing of such decision.

(k) The Board panel may vacate any reduction granted if the inmate fails to maintain acceptable conduct.

(l) The young adult Board panel shall consider exceptional progress of young adult inmates at the time of reviews conducted pursuant to N.J.A.C. 10A:71-3.3(g).

N.J. Admin. Code § 10A:71-3.5

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).
Corrected internal N.J.A.C. cites at (l).

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