N.J. Admin. Code § 10A:71-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:71-3.3 - Parole eligibility for young adult inmates

(a) Except as provided herein, an inmate sentenced to an indeterminate term of years as a young adult inmate shall be primarily eligible for parole consideration on a date established by a hearing officer or the young adult Board panel pursuant to the following schedule of presumptive primary eligibility dates:

PRESUMPTIVE PRIMARY ELIGIBILITY DATES (MONTHS)

LENGTH OF INDETERMINATE TERM

(Years)

Crime Category	0-4	5-9	10-14	15-20
Category A	16	32	40	48
Category B	14	20	28
Category C	12	14	18	22
Category D	10	10
Category E	8

Category A: Any first degree crime, except as provided in Category C.

Category B: Any second degree crime, except as provided in Category C.

Category C: Manufacturing, distributing or dispensing a controlled dangerous substance second degree or possession with intent to manufacture, distribute or dispense a controlled dangerous substance, first or second degree.

Category D: Any third degree crime.

Category E: Any fourth degree crime.

(b) The presumptive primary eligibility date established pursuant to (a) above may be reduced by up to ten months if the young adult Board panel or the hearing officer establishing the date determines that one or more mitigating factors such as, but not limited to, the following are present:

1. The inmate has no prior adult convictions.

2. The inmate has previously adjusted successfully to parole or probation.

3. The inmate acted under strong provocation.

4. The inmate did not contemplate that his or her conduct would cause or threaten serious injury.

5. The inmate has no prior incarcerations.

(c) The presumptive primary eligibility date established pursuant to (a) above may be increased by up to 10 months if the young adult Board panel or the hearing officer establishing the date determines that one or more of the following aggravating factors are present:

1. The inmate has an extensive prior record.

2. The inmate's prior record consists of particularly serious crimes.

3. The inmate has previously adjusted unsuccessfully to parole or probation supervision or the present term involves unsuccessful adjustment to probation supervision.

4. The current offense was premeditated.

5. The inmate used a weapon during the current offense.

6. The current offense involved an injury to the victim.

7. The inmate has received additional concurrent or consecutive sentences.

(d) If an inmate has received more than one term, the longest term imposed shall be used in determining the presumptive primary eligibility date or, if the terms are of equal length, the crime which, in the opinion of the hearing officer or the young adult Board panel, represents the most serious crime shall be used in determining the presumptive primary eligibility date.

(e) The young adult Board panel may establish a primary eligibility date which differs from that required by the provisions of (a), (b) and (c) above, if the primary eligibility date which would be established pursuant to such subsections is clearly inappropriate in consideration of the circumstances of the crime and the characteristics and prior criminal record of the inmate.

1. If, in the opinion of the hearing officer establishing the primary eligibility date, the date which would be established pursuant to (a), (b) and (c) above is clearly inappropriate as provided herein, the hearing officer shall refer such case to the young adult Board panel.

2. The young adult Board panel or the hearing officer shall, at least 14 days prior to the Board panel's determination of the primary eligibility date, notify the inmate in writing that a primary eligibility date pursuant to (a), (b) and (c) above has not been established and the reasons therefor.

3. The young adult Board panel shall, upon disposition of the case, state in writing to the inmate and the Board the reasons for the establishment of any primary eligibility date which differs from the provisions of (a), (b) and (c) above.

(f) Credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in a county jail prior to the date of sentence shall reduce the presumptive primary eligibility date established pursuant to (a), (b), (c) or (e) above.

(g) Except as provided in this section, any primary eligibility date for a young adult offender established pursuant to this section or N.J.A.C. 10A:71-7.17may be reduced through program participation by the inmate.

1. If such inmate's level of program participation is above average, the reduction shall be the rate of 15 days for every month of the primary eligibility term less jail credits.

2. If such inmate's level of program participation is average, the reduction shall be at the rate of 10 days for every month of the primary eligibility jail term less jail credits.

3. If such inmates level of program participation is below average, the reduction shall be at the rate of five days for every month of the primary eligibility term less jail credits.

4. If such inmate's level of program participation is poor, no reduction shall be made.

(h) An inmate's level of program participation shall be established by the young adult Board panel or an assigned hearing officer.

1. Upon the expiration of one-half of the inmate's primary eligibility term less jail credits, or upon incarceration for a one-year period, whichever is earlier, it shall be the responsibility of the chief executive officer of the institution of incarceration to report to the young adult Board panel, the extent of the inmate's program participation and the level of progress achieved by the inmate.

2. Upon consideration of such report, the young adult Board panel or an assigned hearing officer shall establish the inmate's level of program participation and corresponding eligibility reduction and shall advise the inmate and the chief executive officer in writing of such determination and the reasons therefor.

(i) Parole eligibility dates shall be restricted as follows:

1. Except in the case of murder or kidnapping, under no circumstances shall a primary eligibility date for a young adult inmate sentenced for a first degree crime be established at greater than 60 months.

2. Under no circumstances shall a primary eligibility date for a young adult inmate sentenced for a second degree crime be established at greater than 28 months.

3. Under no circumstances shall a primary eligibility date for a young adult inmate sentenced for a third degree crime be established at greater than 16 months.

4. Under no circumstances shall a primary eligibility date for a young adult inmate sentenced for a fourth degree crime be established at greater than nine months.

(j) If an adult has received an indeterminate sentence and a State Prison sentence, the parole eligibility term derived from the indeterminate sentence shall be aggregated with the eligibility term on the State Prison sentence and credits pursuant to 10A:71-3.2(g)2 shall apply to the aggregate parole eligibility term.

(k) The prior provisions of (a) above shall apply to young adult inmates whose offenses were committed prior to March 5, 1990 and shall continue in effect for that purpose. The amendments to (a) above shall apply to young adult inmates whose offenses were committed on or after March 5, 1990.

N.J. Admin. Code § 10A:71-3.3

Administrative change, 46 N.J.R. 1883(b).

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