N.J. Admin. Code § 10A:71-3.45

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

Section 10A:71-3.45 - Board panel hearings; scheduling for county inmates

(a) Any case referred to a Board panel by a hearing officer pursuant to 10A:71-3.4 3 or by a Board member(s) or a Board member and a hearing officer pursuant to 10A:71-3.4 4 shall be scheduled by the Chairperson for a hearing by the appropriate Board panel.

(b) The Board panel may be composed of any two Board members or any one Board member and one hearing officer as necessary for the efficient functioning of the Board.

(c) Except as provided in 10A:71-3.5 1, such hearing shall be conducted at least 14 days in advance of the inmate's parole eligibility date or as soon as administratively feasible.

(d) The Chairperson, when practicable, shall notify the chief executive officer of the institution of the schedule of such hearings at least seven days prior to hearings.

(e) It shall be the responsibility of the chief executive officer of the institution or designee to immediately notify the Chairperson or designee if any inmate scheduled for a hearing is not expected to be available for any reason.

(f) It shall be the responsibility of the chief executive officer of the institution or designee to make arrangements to have any inmate scheduled for a parole hearing brought to the hearing, unless such inmate is physically unable to appear or refuses to appear for the hearing.

(g) It shall be the responsibility of the chief executive officer of the institution or designee to notify the Board panel, in writing, of the reason for the failure of an inmate to appear at a scheduled parole hearing.

(h) At the request of the Chairperson, it shall be the responsibility of the chief executive officer of the institution or designee to transport any inmate to another county correctional facility designated by the Chairperson for a scheduled parole hearing. A request to a chief executive officer or designee to transport an inmate shall only be made to insure the efficient functioning of the Board panel and in no case shall a chief executive officer or designee be requested to transport more than two inmates to another county correctional facility.

(i) A Board panel hearing may be conducted by videoconferencing. The notice required pursuant to (d) above may include, when appropriate, notice that the scheduled Board panel hearing will be conducted by videoconferencing.

N.J. Admin. Code § 10A:71-3.45

New Rule, R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Recodified from N.J.A.C. 10A:71-3.42 and amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c), 22 N.J.R. 825(a).
Internal N.J.A.C. cites changed.
Recodified from 10A:71-3.44 by R.1997 d.168, effective 4/7/1997.
See: 28 N.J.R. 3870(a), 29 N.J.R. 1318(a).
Former section recodified to N.J.A.C. 10A:71-3.46.
Amended by R.1998 d.391, effective 8/3/1998.
See: 30 N.J.R. 1176(a), 30 N.J.R. 2920(a).
In (c), changed N.J.A.C. reference.
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 N.J.R. 1044(a), 33 N.J.R. 2672(a).
Added (i).
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 N.J.R. 359(a), 34 N.J.R. 1918(b).
Deleted "senior" preceding "hearing officer" throughout.
Amended by R.2008 d.168, effective 6/16/2008.
See: 39 N.J.R. 5049(a), 40 N.J.R. 3726(b).
In (a), updated the N.J.A.C. references.