N.J. Admin. Code § 10A:71-4.1

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

Section 10A:71-4.1 - Appeals by inmates

(a) Any denial of parole by the special county, young adult or adult Board panel shall be appealable to the Board provided one of the following criteria is met:

1. The Board panel failed to consider material facts.

2. In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel failed to document that a preponderance of the evidence indicates a substantial likelihood that the inmate will commit a crime if released on parole.

3. In the case of an inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel failed to document that a preponderance of the evidence indicates that:

i. The inmate has failed to cooperate in his or her own rehabilitation; or

ii. There is a reasonable expectation that the inmate will violate conditions of parole established pursuant to N.J.A.C. 10A:71-6.4(a) if released on parole.

4. The Board panel's decision is contrary to written Board policy or procedure.

5. A Board member participating in the deliberations or disposition of the case has a demonstrable personal interest or demonstrated prejudice or bias in the case which affected the decision.

6. A Board member participating in the deliberations or disposition of the case has failed to comply with the Board's professional code of conduct.

(b) Any conditions of parole or pre-parole requirements established by a Board member or a Board panel or affirmed by a Board panel pursuant to N.J.A.C. 10A:71-6.6shall be appealable to the appropriate Board panel or the Board, respectively, provided one of the following criteria is met:

1. The condition of parole or pre-parole requirement will impose an undue hardship on the parolee or inmate.

2. The condition of parole or pre-parole requirement cannot be fulfilled by the parolee or inmate due to circumstances beyond the parolee's or inmate's control.

3. The condition of parole or pre-parole requirement will not reasonably reduce the likelihood of recurrence of criminal behavior.

4. A Board member has failed to comply with the Board's professional code of conduct.

(c) Any rescission of parole release date by a Board panel shall be appealable to the Board provided one of the following criteria is met:

1. The hearing officer or Board panel failed to consider material facts or failed to document that preponderance of the evidence indicates a substantial likelihood that the inmate will commit a crime if released on parole; that the inmate has failed to cooperate in his or her own rehabilitation; or that there is a reasonable expectation that the inmate will violate conditions of parole;

2. The Board panel's decision is contrary to written Board policy or procedure;

3. A Board member participating in the deliberations or disposition of the case has a demonstrable personal interest or demonstrated prejudice or bias in the case that affected the decision.

4. A Board member has failed to comply with the Board's professional code of conduct.

(d) Any revocation of parole by a Board panel shall be appealable to the Board provided one of the following criteria is met:

1. The Board panel failed to consider material facts or failed to document that clear and convincing evidence indicates that the parolee has seriously or persistently violated the conditions of parole.

2. The Board panel failed to demonstrate, in the case of a parolee revoked for other than new criminal convictions, that revocation of parole is desirable.

3. The Board panel's decision is contrary to written Board policy or procedure.

4. A Board member has failed to comply with the Board's professional code of conduct.

(e) The specific application of Board schedules pursuant to N.J.A.C. 10A:71-3.3, 3.4, 3.21, or 7.17 shall be appealable to the Board or the appropriate Board panel, provided one of the following criteria is met:

1. The specific application is contrary to written Board policy or procedure or established Board practice.

2. The specific application violates statutory restrictions pursuant to N.J.S.A. 30:4-123.51 or N.J.S.A. 30:4-123.64.

3. The Board panel or hearing officer failed to provide adequate reasons for a decision outside established guidelines.

4. In the case of an institutional infraction considered pursuant to N.J.A.C. 10A:71-3.4, the inmate has been convicted and sentenced for the specific incident that resulted in the institutional infraction.

5. A hearing officer or Board member has failed to comply with the Board's professional code of conduct.

(f) The computation of a parole eligibility date by the Board's staff shall be appealable to the Chairperson provided one of the following criteria is met:

1. The computation of the parole eligibility date is contrary to Board practice or procedure.

2. The computation of the parole eligibility date does not correctly reflect credits awarded by the sentencing court or earned work and/or minimum custody credits awarded by the Department.

3. The computation of the parole eligibility date is based upon inaccurate sentencing information.

4. A staff member has failed to comply with the Board's professional code of conduct.

(g) A decision not to refer a parolee's case for an assessment as to whether the parolee is indigent and whether an attorney shall be assigned pursuant to the pro bono assignment program to represent the parolee at a preliminary hearing or parole revocation hearing conducted pursuant to N.J.A.C. 10A:71-7.7 and 7.14, respectively, shall be appealable to the Board.

(h) A failure to provide a Board panel hearing by an inmate's actual parole eligibility date as set by the Board shall be appealable to the Chairperson.

(i) Any denial of parole by the Board shall be appealable to the Board provided one of the criteria in (a) above is met.

(j) A denial of administrative parole release by a Board panel shall be appealable to the Board, provided one of the following criteria is met:

1. The Board panel failed to document that the inmate has been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated at N.J.S.A. 2C:7-2.b, 2C:43-6.c or g, 2C:43-7.2.d, or 30:4-27.26.

2. The Board panel failed to document that the inmate has committed any prohibited acts required to be reported to the prosecutor pursuant to rules promulgated by the Commissioner during the current period of incarceration.

3. The Board panel failed to document that the inmate has committed any serious disciplinary infraction, designated in rules promulgated by the Commissioner as a prohibited act that is considered to be the most serious and results in the most severe sanctions, within the previous two years.

4. The Board panel failed to document that the inmate has not completed relevant rehabilitation programs, as determined by the Department and the Board, available at the correctional facility.

5. The Board panel failed to document that the inmate has not applied for relevant rehabilitation programs.

6. The Board panel failed to document that the inmate was not denied access to relevant rehabilitation programs due to circumstances beyond the inmate's control including, but not limited to, capacity limitations or exclusionary policies of these programs.

N.J. Admin. Code § 10A:71-4.1

Amended by 50 N.J.R. 1154(a), effective 4/16/2018

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