N.J. Admin. Code § 10A:71-3.44

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

Section 10A:71-3.44 - Board member review; county inmates

(a) When the hearing officer recommends that an inmate be released on parole, the Chairperson shall assign a member of the appropriate Board panel to review such recommendation. In cases of offenders serving sentences for crimes of the first and second degree, such recommendation shall be reviewed by two members of the appropriate Board panel or one Board member of the appropriate panel and one hearing officer.

(b) If such Board member(s) or one Board member of the appropriate panel and one hearing officer concurs with the recommendation of the hearing officer, the Board member(s) or one Board member and one hearing officer shall certify parole release as soon as practicable after the parole eligibility date by:

1. Establishing a specific parole release date as soon after the inmate's actual parole eligibility date as practicable; and

2. Establishing appropriate pre-release conditions; and

3. Establishing appropriate special parole conditions pursuant to N.J.A.C. 10A:71-6; and

4. Issuing a written notice of this action within seven days to the inmate, the chief executive officer of the institution, the Division of Parole and the Board.

(c) If such Board member(s) or one Board member of the appropriate panel and one hearing officer do not concur with the recommendation of the hearing officer, the Board member(s) or one Board member and one hearing officer shall refer the case to the appropriate Board panel for a hearing and issue a written decision to the inmate, the chief executive officer and the Board within seven days of the decision consisting of the reasons for the referral.

N.J. Admin. Code § 10A:71-3.44

New Rule, R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Recodified from N.J.A.C. 10A:71-3.41, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Recodified from 10A:71-3.43 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:71-3.45.
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 New Jersey Register 359(a), 34 New Jersey Register 1918(b).
In (a)4, substituted "Division" for "Bureau"; deleted "senior" preceding "hearing officer" throughout.