N.J. Admin. Code § 10A:71-7.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:71-7.7 - Preliminary hearing; notice of hearing

(a) It shall be the responsibility of the parole officer or the District Parole Supervisor to give written notice to the parolee of the time, date, and place of the preliminary hearing at least three days prior to the preliminary hearing unless the parolee waives such notice.

(b) Such notice shall be served upon the parolee by personal service or by regular mail to the institution where the parolee is housed or to the address of record.

(c) Such notice shall inform the parolee of the purpose of the hearing; the violation(s) of parole conditions alleged; the time, date, place and circumstances of the alleged violation(s); the possible action which may be taken as a result of revocation proceedings; and the following rights to which the parolee shall be entitled at the preliminary hearing:

1. The right to appear and speak in his or her own behalf and to be aided by an interpreter if such aid is determined to be necessary by the hearing officer.

2. The right to representation by an attorney or such other qualified person as the parolee may retain, or if the parolee is determined to be indigent, the right to representation by an attorney assigned pursuant to the pro bono assignment program, provided the parolee first makes such a request based on a timely and colorable claim that:

i. The parolee did not commit the alleged violation of the specified parole condition(s); or

ii. The parolee did commit the violation of the specified parole condition(s), but there are substantial reasons which justified or mitigated the violation(s) and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present.

3. The right to remain silent.

4. The right to present witnesses to testify in his or her behalf as to matters relevant to the alleged violation(s) of parole.

5. The right to confront and cross-examine adverse witnesses, unless the hearing officer determines that such witnesses would be subjected to risk or harm.

6. The right to present documentary evidence and any other relevant material or information.

7. The right to waive such hearing.

8. The right to request postponement of such hearing.

N.J. Admin. Code § 10A:71-7.7

As amended, R.1981 d.106, effective 5/7/1981.
See: 13 New Jersey Register 101(b), 13 New Jersey Register 302(a).
(a): written notice of preliminary hearing requirement changed from "within seven days of the parolee's arrest as a parole violator" to "at least three days prior to the preliminary hearing".
Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Added text to (b) "or to the address of record".
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (a), inserted reference to a designated representative of the Commission.
Amended by R.2005 d.127, effective 4/18/2005.
See: 36 New Jersey Register 4407(a), 37 New Jersey Register 1191(b).
In (c), substituted "pursuant to the pro bono assignment program" for "from the list maintained in accordance with R.3:27-2," in 2.

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