N.J. Admin. Code § 10A:71-4.4

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

Section 10A:71-4.4 - Review of Division of Parole decisions

(a) A determination by a District Parole Supervisor or his or her designated representative shall be appealable to the Director, Division of Parole, or his or her designated representative.

1. An appeal may be submitted, provided one of the following criteria is met:

i. The District Parole Supervisor or his or her representative failed to consider material facts;

ii. The District Parole Supervisor or his or her representative's decision is contrary to written Board policy or procedure; or

iii. The District Parole Supervisor or his or her representative 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.

iv. The District Parole Supervisor or his or her representative participating in the deliberations or disposition of the case has failed to comply with the Board's professional code of conduct.

2. An appeal shall be made in writing to the Director, Division of Parole, within 30 days of the decision, unless good cause exists and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. Good cause exists in circumstances where it is shown that:

i. The delay in filing the appeal was due to circumstances beyond the control of the offender; or

ii. The offender delayed filing the appeal for circumstances that could not have been reasonably foreseen or prevented.

3. The Director, Division of Parole, or his or her representative shall consider the appeal within 30 days from the date the appeal was received.

4. The Director, Division of Parole, or his or her representative shall advise the District Parole Supervisor or his or her representative and the offender in writing within 14 days of the decision.

(b) The determination of the Director, Division of Parole, or his or her representative rendered pursuant to (a) above shall be appealable to a Board panel.

1. A determination by the Director, Division of Parole, or his or her representative shall be appealable to a Board panel provided one of the following criteria is met:

i. The Director, Division of Parole, or his or her representative failed to consider material facts;

ii. The decision of the Director, Division of Parole, or his or her representative is contrary to written Board policy or procedure; or

iii. The District Parole Supervisor or his or her representative 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.

iv. The Director, Division of Parole, or his or her representative participating in the deliberations or disposition of the case has failed to comply with the Board's professional code of conduct.

2. An appeal shall be made to the Chairperson in writing within 30 days of the decision being rendered by the Director, Division of Parole, or his or her representative unless good cause exists and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. Good cause exists in circumstances where it is shown that:

i. The delay in filing the appeal was due to circumstances beyond the control of the offender; or

ii. The offender delayed filing the appeal for circumstances that could not have been reasonably foreseen or prevented.

3. The appropriate Board panel, as designated by the Chairperson, shall consider the appeal within 30 days from the date the appeal was received.

4. The Board panel shall advise the Director, Division of Parole, or his or her representative and the offender in writing within 14 days of the decision.

(c) The decision of the Board panel rendered pursuant to (b) above shall be appealable to the Board.

1. The decision by the Board panel shall be appealable to the Board provided one of the following criteria is met:

i. The Board panel failed to consider material facts;

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

iii. The District Parole Supervisor or his or her representative 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.

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

2. The appeal shall be made in writing to the Chairperson within 30 days of the decision being rendered by the Board panel unless good cause exists and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. Good cause exists in circumstances where it is shown that:

i. The delay in filing the appeal was due to circumstances beyond the control of the offender; or

ii. The offender delayed filing the appeal for circumstances that could not have been reasonably foreseen or prevented.

3. The Board shall consider the appeal within 90 days from the date the appeal was received.

4. The Board shall advise the Director, Division of Parole, or his or her representative and the offender in writing within 14 days of the decision.

N.J. Admin. Code § 10A:71-4.4

Adopted by 48 N.J.R. 2612(b), effective 12/5/2016

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