N.J. Admin. Code § 10A:16-8.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:16-8.7 - Petition for compassionate release

(a) In the event that a medical diagnosis determines that an inmate is suffering from a grave medical condition, the Department of Corrections shall notify the inmate's attorney or, if the inmate does not have an attorney, the Public Defender, to initiate the process of petitioning for compassionate release. The petition shall not be filed until a second, subsequent medical diagnosis by a licensed physician designated by the Commissioner of the Department of Corrections determines that the inmate is suffering from a terminal condition, disease, or syndrome or a permanent physical incapacity and the Department of Corrections issues to the inmate a Certificate of Eligibility for Compassionate Release.

(b) In the event that a medical diagnosis determines that an inmate is suffering from a terminal condition, disease, or syndrome or permanent physical incapacity, the Department of Corrections shall issue to the inmate a Certificate of Eligibility for Compassionate Release and provide a copy of the certificate to the inmate's attorney or, if the inmate does not have an attorney, the Public Defender. An inmate who receives a Certificate of Eligibility for Compassionate Release may petition the Superior Court for compassionate release.

(c) In the event of a medical diagnosis that an inmate is suffering from a grave medical condition or upon issuance of a Certificate of Eligibility for Compassionate Release, an inmate may request representation from the Office of the Public Defender for the purpose of filing a petition for compassionate release.

(d) Once the Department of Corrections provides a copy of a Certificate of Eligibility for Compassionate Release to the inmate's attorney or the Public Defender, the attorney or Public Defender shall petition the Superior Court, in accordance with N.J.S.A. 30:4-123e. The petition must be accompanied by a copy of the Certificate of Eligibility for Compassionate Release.

N.J. Admin. Code § 10A:16-8.7

Adopted by 53 N.J.R. 1568(a), effective 9/20/2021