N.J. Admin. Code § 10A:71-3.56

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

Section 10A:71-3.56 - Parole contract agreements; adult inmates

(a) Pursuant to N.J.S.A. 30:4-123.6 7, the appropriate Board panel and the Department shall enter into formal parole contract agreements with individual inmates reduced to writing and signed by all parties. A parole contract agreement shall stipulate individual programs of education, training, or other activity that shall result in a specified reduction of the inmate's primary parole eligibility date upon such successful completion of the program.

(b) A formal parole contract agreement required under this section shall be entered into within two months of an inmate's admission to a State correctional facility.

(c) An inmate eligible to enter into a parole contract agreement may decline to enter into a parole contract agreement. If an inmate initially declines to enter into a parole contract agreement, the inmate may not at a later date request to enter into a parole contract agreement.

(d) In order to be eligible to enter a parole contract agreement, an inmate must be sentenced on or after August 1, 2010, and must meet the following criteria:

1. The calculation of the inmate's primary parole eligibility date is not based on the service of a judicially or statutorily mandated minimum term imposed as a component of sentence or on the service of a full nine months of sentence or aggregate sentence;

2. The inmate is not serving a period of confinement imposed upon revocation of parole pursuant to N.J.S.A. 30:4-123.6 3 for violation of the conditions of parole granted pursuant to N.J.S.A. 30:4-123.5 5, the conditions of mandatory parole supervision imposed pursuant to 2C:43-7.2, or the conditions of a special sentence of parole supervision for life imposed pursuant to 2C:43-6.4;

3. The inmate is not past his or her primary parole eligibility date at the time of the inmate's admission to a State correctional facility;

4. The inmate is not serving a sentence imposed pursuant to 2C:43-7.2; and

5. The inmate is not serving a sentence imposed on the offense of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to 2C:13-1(c)2, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child pursuant to 2C:24-4(a), endangering the welfare of a child pursuant to 2C:24-4(b)4, luring, or an attempt to commit any of these offenses.

(e) The parole contract agreement shall be reduced to writing and shall specify the terms of the agreement. The terms of the parole contract agreement shall be deemed to be non-negotiable.

(f) The parole contract agreement shall become effective upon the inmate signing the parole contract agreement. The inmate shall be provided with a copy of the signed parole contract agreement. The parole contract agreement shall expire when the primary parole eligibility date has been reached, unless the parole contract agreement is terminated by the Board prior to the primary parole eligibility date.

(g) Pursuant to the schedule of reductions, which shall be a component of the parole contract agreement, the inmate's primary parole eligibility date will be reduced by the appropriate number of days, as indicated in the schedule of reductions, upon the inmate's completion of the specified program(s). The grant of the appropriate reduction shall be subject to the provisions of (j) below. An authorized reduction shall not be applied to reduce any judicially or statutorily mandated minimum term or any other statutory parole eligibility restriction. An authorized reduction shall not result in a primary parole eligibility date being established earlier than the expiration date of a judicially or statutorily mandated minimum term or any other statutory parole eligibility restriction.

(h) Pursuant to N.J.S.A. 30:4-123.6 7(c), the Board shall monitor an inmate's compliance with the parole contract agreement at least once every 12 months.

(i) Upon a determination being rendered by a Board panel that the inmate has successfully completed the specified program(s), the sentencing court shall be provided with written notification that the inmate has successfully completed the specified program(s). Further, the Board shall inquire whether the sentencing court consents to the reduction of the primary parole eligibility date by the number of days as specified in the parole contract agreement.

(j) The specified reduction(s) in the parole contract agreement shall be granted upon compliance with all of the following conditions:

1. The inmate has successfully completed the specified program(s). No reduction shall be granted for the completion of any program that is not specified in the parole contract agreement;

2. The Department must verify that the inmate has successfully completed the specified program(s);

3. The inmate must not have been adjudicated guilty of the commission of any disciplinary infraction pursuant to N.J.A.C. 10A:4-9; and

4. Pursuant to N.J.S.A. 30:4-123.5 2.b and 30:4-123.6 7.a, the sentencing court must consent to any reduction in the primary parole eligibility date.

(k) Upon a determination being rendered by a Board panel that the provisions of (j) above have been met, the primary parole eligibility date shall be reduced by the number of days as specified in the parole contract agreement.

(l) The inmate shall be notified in writing whether the primary parole eligibility date will or will not be reduced by the number of days specified in the parole contract agreement. If the primary parole eligibility date is not to be reduced by the number of days specified in the parole contract agreement, the inmate shall be advised of the reason(s) for such determination.

(m) The Board may terminate a parole contract agreement based on the following:

1. The inmate has been adjudicated guilty of any disciplinary infraction pursuant to N.J.A.C. 10A:4-9; or

2. The inmate refused to participate in, or failed to successfully complete, any specified program.

(n) If a parole contract agreement is terminated, the Board shall notify the inmate in writing of the determination to terminate the parole contract agreement and the reasons therefor.

(o) If a parole contract agreement is terminated, the inmate shall not be eligible to receive any reduction in the primary parole eligibility date for any program completed during the 12-month monitoring period.

(p) A determination to terminate a parole contract agreement may be appealed by the inmate to the Board. The appeal shall be filed in writing within 90 days of written notice of the determination being received by the inmate. The appeal shall contain the reason(s) for the appeal.

(q) The Commissioner has the authority to transfer an inmate to any facility for the proper and secure incarceration of the inmate. The terms of the parole contract agreement shall not be deemed to restrict the authority of the Commissioner to transfer an inmate to any facility for the proper and secure incarceration of the inmate. Nor shall the terms of the parole contract agreement be deemed to require that the Department provide uniform programming at each correctional facility in order to assist an inmate's participation in or completion of specific programs after the inmate having been transferred from a correctional facility to another correctional facility.

N.J. Admin. Code § 10A:71-3.56

Amended by 50 N.J.R. 1154(a), effective 4/16/2018