N.J. Admin. Code § 10A:71-3.49

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

Section 10A:71-3.49 - Informational hearing

(a) Upon public notice of an inmate's parole eligibility being issued pursuant to 10A:71-3.8, the Attorney General, the appropriate county prosecutor, any other criminal justice agency and any interested party whose information and comment may be relevant as to the necessity or desirability of an inmate's parole shall be permitted, upon their application to the Chairperson or designee, to submit to the appropriate panel or the Board evidence, to give testimony, examine and cross-examine witnesses and present such other information on all matters directly relevant to the parole of an inmate.

(b) The application shall be submitted to the Chairperson or designee in writing and shall include a description of the nature and type of evidence or testimony to be presented. A list of potential witnesses and a statement as to the relevancy of their testimony to the issue of parole must be submitted to the Chairperson or designee as part of the application or prior to the date of the hearing scheduled pursuant to this section.

(c) Upon receipt of the application, the Chairperson or designee shall assign the case to a hearing officer for the conducting of a hearing.

(d) A designated representative shall notify the inmate in writing that a hearing will be scheduled for the purpose of receiving information relevant to his parole release. The inmate shall be informed of the identity of the agency or interested party requesting the hearing.

(e) Except as provided in 10A:71-3.5 1, the assigned hearing officer shall conduct the hearing within 30 days from the date the Chairperson or designee received the application submitted pursuant to (a) above.

(f) The hearing shall be conducted at a time and place and on a date determined by the Chairperson or designee. Primary consideration shall be given to the conducting of the hearing within the county most convenient for the majority of the parties concerned.

(g) A designated representative shall provide notification of the time, date and location of the hearing to all interested parties and the inmate. The notice shall be in writing and shall be mailed no later than 15 days prior to the date of the hearing.

(h) The hearing shall be informal and non-adversarial in nature. The hearing officer shall have the authority to exclude from participation in the hearing any person who attempts to use the hearing as a forum for public commentary or as a public contest or whose participation becomes more adversarial than informative in nature.

(i) Prior to any person offering testimony the hearing officer shall advise the person of the following:

1. That his testimony will be summarized in a written report;

2. That the person will receive a copy of that portion of the report summarizing his statement; and

3. That the inmate will receive a copy of the summarized statement unless the hearing officer determines that the release of the information would endanger the safety of the person.

4. The Board on its own motion may for good cause identify all or part of the testimony summarized in the written report as confidential.

(j) The admissibility of any statement, document or information shall not be governed by the statutory or judicial rules of evidence of this State. Any statement, document, or information relevant to the issue of the inmate's suitability for parole may be received as evidence. The hearing officer is authorized to exclude any statement, document or information not relevant to the issue of the inmate's suitability for parole.

(k) Upon the completion of the hearing, which shall be recorded by an electronic recording device, the hearing officer shall prepare a written report within 14 days of the hearing date. The report shall summarize the information, testimony and documentation admitted at the hearing. A copy of the complete summary report shall be forwarded to the agency or interested party originally requesting the conducting of a hearing and to the inmate and/or counsel. A copy of the summary of each of the witnesses' testimony shall be forwarded to each witness. A complete summary report shall be made a part of the appropriate Board panel's or Board's file on the inmate.

(l) The inmate and/or counsel shall have 30 days to prepare a written response to the hearing officer's summary report and to submit the response to the Board. In addition, upon request, the inmate shall be provided an opportunity to present relevant information to the hearing officer. The request shall be in compliance with (b) above.

(m) Upon receipt of the inmate's request to present relevant information, the hearing officer shall proceed in accordance with (f), (g), (h), (i), (j) and (k) above.

(n) The inmate and the agency or interested party originally requesting the conducting of a hearing shall have 14 days to prepare comments to the hearing officer's summary report and submit the comments to the Board.

(o) The inmate may be represented by an attorney or such other qualified representative as the inmate may designate at both the initial hearing segment, at which the inmate may not be present, and at any subsequent hearing segment at which the inmate submits information and/or testimony. If a subsequent hearing segment is conducted at the request of the inmate, the Attorney General, the prosecutor, a criminal justice agency or an interested party may appear, subject to the security regulations of the institution, and participate in the hearing.

(p) Upon completion of the hearing process, the inmate's case shall be referred to a hearing officer designated to conduct parole release hearings pursuant to 10A:71-3.1 4.

(q) The hearing scheduled pursuant to this section shall be conducted, when possible, prior to a parole release hearing and prior to the appropriate Board members, Board panel or the Board rendering a decision pursuant to 10A:71-3.1 6 and 3.18. However, nothing herein shall be construed to preclude the Board from conducting a timely parole release hearing.

(r) Upon receipt of an application by the Chairperson or designee subsequent to the conducting of an initial parole hearing and prior to a decision being rendered in the inmate's case, the appropriate Board members, Board panel or the Board shall not render a decision in the inmate's case until a hearing(s) has been conducted and the written report(s) prepared and made a part of the Board's file.

(s) Upon receipt of an application by the Chairperson subsequent to the rendering of a decision certifying parole release, the appropriate Board members, Board panel, or the Board shall suspend the parole release date pursuant to N.J.A.C. 10A:71-5.1, pending the completion of the hearing(s) and the submission of a report(s).

1. Within 21 days of submission of the report(s), the Board member(s), Board panel, or the Board shall:

i. Evaluate the information provided;

ii. Determine whether the decision shall be affirmed or modified;

iii. Determine whether a rescission hearing shall be conducted pursuant to N.J.A.C. 10A:71-5; and

iv. Notify the interested party who submitted the application pursuant to (a) above, the inmate and the Department in writing of its decision.

(t) The provisions of this section, except for public notice required pursuant to N.J.A.C. 10A:71-3.8, shall be applicable to the cases of county inmates.

N.J. Admin. Code § 10A:71-3.49

New Rule, R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Recodified from N.J.A.C. 10A:71-3.46; changed internal N.J.A.C. cite.
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).
Recodified from 10A:71-3.48 and amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (s)1iv, inserted reference to Commission. Former section recodified to N.J.A.C. 10A:71-3.50.
Amended by R.1998 d.391, effective 8/3/1998.
See: 30 New Jersey Register 1176(a), 30 New Jersey Register 2920(a).
In (e), changed N.J.A.C. reference.

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