N.J. Admin. Code § 10A:71-3.7

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

Section 10A:71-3.7 - Preparation of cases for parole hearings; adult inmates

(a) Five to seven months in advance of the actual eligibility date, the Board shall promulgate a list of those adult inmates who appear to be eligible for parole consideration.

(b) This list shall be distributed to the chief executive officer of the institution of incarceration and the Chairman of the Board of Trustees for the institution of incarceration.

(c) The receipt of this eligibility list by the chief executive officer of the institution of incarceration shall be notice to initiate the preparation of a pre-parole report pursuant to (e) below.

(d) It shall be the responsibility of the chief executive officer to file a report concerning the inmate with the appropriate Board panel within 60 days of the receipt of the Board's list. In the case of an inmate identified by the Board's staff as being past eligible for parole consideration or an inmate who has an accelerated parole eligibility date pursuant to 10A:71-3.1 8A, the chief executive officer shall file the report on the inmate with the appropriate Board panel within 30 days of receipt of notice that the inmate is past eligible for parole consideration or has an accelerated parole eligibility date. If the report is not filed within the aforementioned 30 or 60 day time periods, the chief executive officer shall state the reasons therefore in writing and provide such statement in the report when the report is filed with the appropriate Board panel.

(e) Such report shall consist of the following information:

1. The commitment order, including the sentencing court's written reasons for any sentence imposed;

2. The pre-sentence report;

3. A report on the conduct of the inmate during incarceration;

4. A complete report on the inmate's social, physical, and mental condition and reports of the inmate's institutional housing, work, education, and program participation;

5. Any other information reflecting on the likelihood that the inmate will commit a crime if paroled;

6. An investigation of any outstanding detainers;

7. The inmate's actual maximum date based on current credits;

8. In the case of an inmate serving a specific term or life term, the projected work and minimum custody credit pattern as established by the classification department;

9. An itemized account of the assessment, penalty, lab fee, fine, and restitution amounts imposed by the sentencing court and the balance owed by the inmate on the respective monetary obligation;

10. Any history of civil commitment;

11. Any disposition which arose out of any charges suspended pursuant to 2C:4-6 including records of the disposition of those charges;

12. Any acquittals by reason of insanity pursuant to N.J.S.A. 2C:4-1;

13. Any psychological reports prepared in connection with any court proceedings; and

14. An assessment of whether the inmate meets the requirements of administrative parole release pursuant to N.J.A.C. 10A:71-3.22.

(f) In addition to the information required pursuant to (e) above and except as otherwise provided for in (h) or (i) below, a psychological or a psychiatric evaluation report shall be prepared by a mental health professional in an inmate's case as directed by the Board.

(g) Upon the recommendation of the Special Classification Review Board pursuant to 2C:47-5 and the expiration of any mandatory minimum term, the chief executive officer of the Adult Diagnostic and Treatment Center shall file a report concerning the inmate with the adult Board panel. In addition to the information required pursuant to (e) above, the report shall include:

1. The treatment record of the inmate and the comments, evaluations and recommendations of the inmate's therapist(s);

2. The comments, evaluations and recommendations of treatment staff;

3. The comments, evaluations and recommendations of the chief executive officer;

4. The comments, evaluation and recommendations of the members of the Special Classification Review Board;

5. All information reviewed and considered by the Special Classification Review Board;

6. A statement from the Special Classification Review Board as to the inmate's capability of making an acceptable social adjustment in the community;

7. The name, title and agency affiliation of the members of the Special Classification Review Board participating in the evaluation of the inmate's case for referral to the Board for parole consideration;

8. In the case of an inmate recommended to the Board for parole consideration by three members of the Special Classification Review Board, the comments and concerns of any member of the Special Classification Review Board who dissents in the determination to recommend the inmate's case to the Board for parole consideration.

(h) Pursuant to N.J.S.A. 30:4-123.5 4(b)1, an in-depth psychological evaluation of the inmate shall be prepared in any case in which the inmate was convicted of a first or second degree crime involving violence and:

1. The inmate has a prior acquittal by reason of insanity pursuant to 2C:4-1 or had charges suspended pursuant to 2C:4-6; or

2. The inmate has a prior conviction for murder pursuant to 2C:11-3, aggravated sexual assault or sexual assault pursuant to 2C:14-2, kidnapping pursuant to 2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to 2C:24-4, or stalking which would constitute a crime of the third degree pursuant to 2C:12-10; or

3. The inmate has a prior diagnosis of psychosis.

(i) At any time while an inmate is committed to the custody of the Commissioner, the appropriate Board panel or the Board may require, as often as it deems necessary, the inmate to undergo an in-depth pre-parole psychological evaluation conducted by a psychologist.

(j) An inmate may submit for consideration at a hearing to be conducted pursuant to 10A:71-3.1 8 or 3.20 any evaluation report prepared in his or her case by a private psychologist or psychiatrist. Such an evaluation shall be performed not more than 180 days prior to the parole eligibility date of the inmate. The expense for the conducting of such an evaluation shall be the complete responsibility of the inmate. Arrangements for the scheduling of such an evaluation shall be made through the Department and shall be in accordance with Department rules. If an inmate submits an evaluation report pursuant to this section, the inmate shall be required, upon the request of the Board panel or Board, to produce at his or her expense, the examining psychologist or psychiatrist for an interview before the Board panel or Board.

(k) Prior to the parole eligibility date of an adult inmate, an objective risk assessment shall be performed by Board staff or by some other appropriate agent of the State. The risk assessment shall consist of both static and dynamic factors which may assist the Board panel or Board in determining whether the inmate shall be certified for parole and, if paroled, the level of supervision the inmate may require. In addition to the information otherwise gathered for and incorporated in the pre-parole report pursuant to (e) and (f) above, the assessment shall include, but not be limited to, evaluations of the inmate's ability to function independently, the inmate's educational and employment background and the inmate's family and marital history.

(l) It shall be the responsibility of the chief executive officer to produce the institutional classification file at all scheduled case reviews and initial parole, Board panel and Board hearings.

N.J. Admin. Code § 10A:71-3.7

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.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 (e), added 11 through 14; rewrote (g); inserted a new (i); recodified former (i) as (j); and added (k) and ( l).
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 N.J.R. 359(a), 34 N.J.R. 1918(b).
Rewrote (d) and (i); in (k), inserted "or by some other appropriate agent of the State" at the end of the first sentence; substituted "Division of Parole" for "Bureau of Parole" throughout.
Amended by R.2005 d.127, effective 4/18/2005.
See: 36 N.J.R. 4407(a), 37 N.J.R. 1191(b).
Rewrote the section.
Amended by R.2014 d.013, effective 1/6/2014.
See: 45 N.J.R. 1337(a), 46 N.J.R. 79(b).
In (e)1 through (e)11, substituted a semicolon for a period at the end; in (e)4, inserted a comma following "physical" and following "education"; in (e)9, inserted a comma following "fine"; in (e)12, substituted "; and" for a period at the end; and rewrote (j).

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