N.J. Admin. Code § 10A:71-3.1

Current through Register Vol. 56, No. 23, December 2, 2024
Section 10A:71-3.1 - Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Actual eligibility date" shall mean the date that an adult inmate is actually eligible for consideration for parole. Such date shall be calculated, except as otherwise provided by statute, by the application of the following credits: commutation credits; credit for time served in a county jail prior to the date of sentence; earned work and earned minimum custody credits as of a specified date.

"Book eligibility date" shall mean the parole eligibility date established pursuant to N.J.S.A. 30:4-123.51 and N.J.S.A. 30:4-123.64. Such date shall be calculated by application of credit for time served in a county jail prior to the date of sentence, and except as otherwise provided for by statute, commutation credits.

"Flat eligibility date" shall mean the parole eligibility date established on an individual term pursuant to N.J.S.A. 30:4-123.51 and N.J.S.A. 30:4-123.64prior to aggregation for the purposes of the calculation of a single parole eligibility date. Such date shall be calculated by the application of credit for time served in a county jail prior to the date of sentence.

"Maximum date" shall, except as otherwise provided by statute and herein, mean the court ordered maximum date less commutation credits, credit for time served in a county jail prior to the date of sentence, earned work and earned minimum custody credits as determined by the Department or the county correctional authority.

"Primary eligibility date" shall mean the parole eligibility date established pursuant to N.J.S.A. 30:4123.51 and 30:4-123.64, based upon the sentence imposed by the court or the Board schedules contained at N.J.A.C. 10A:71-3.3 and 7.17. Such date may be altered pursuant to N.J.A.C. 10A:71-3.4, 3.5, and 3.21.

"Projected eligibility date" shall mean that date calculated by the application, except as otherwise provided by statute, of the following credits: commutation credits; credit for time served in a county jail prior to the date of sentence; earned work and minimum custody credits as of a specific date and projected work and minimum custody credits based on a pattern of such credits established by the Department. Any change in the pattern shall be reported by the Department to the Board.

N.J. Admin. Code § 10A:71-3.1

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Section substantially amended.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Introductory language added.
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).
Amended "Primary eligibility date".
Amended by R.1999 d.252, effective 8/2/1999.
See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).
In "Primary eligibility date", changed N.J.A.C. references.
Amended by 53 N.J.R. 1383(b), effective 8/16/2021