N.J. Admin. Code § 10A:71-3.34

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

Section 10A:71-3.34 - Calculation of parole eligibility: county inmates

(a) A county inmate committed for a specific term in a county jail, workhouse or penitentiary shall become primarily eligible for parole upon the service of any judicial or statutory mandatory minimum term or one-third of the sentence imposed where no judicial or statutory mandatory minimum term or 60 days of his aggregate term, whichever is greater.

(b) If the parole eligibility date is based on a judicial or statutory mandatory minimum term or 60 days of the aggregate term, the parole eligibility date shall include credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence.

(c) If the parole eligibility date is based on one-third of the sentence imposed, the parole eligibility date shall include commutation credits pursuant to 2A:164-24, credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence, and earned work and earned minimum custody credits pursuant to 30:8-28.4.

(d) In no case shall a county inmate be eligible for parole prior to the service of 60 days of his aggregate term, less credit awarded by the sentencing court pursuant to R. 3:21-8 for time served in the county jail prior to the date of sentence.

N.J. Admin. Code § 10A:71-3.34

New Rule, by R.1985 d.213, eff. 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Amended by R.1986 d.306, effective 8/4/1986.
See: 18 New Jersey Register 929(a), 18 New Jersey Register 1610(a).
Added text "awarded by the sentencing court".
Recodified from N.J.A.C. 10A:71-3.31, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Recodified from 10A:71-3.33 by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
Former section recodified to N.J.A.C. 10A:71-3.35.