N.J. Admin. Code § 10A:71-5.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:71-5.7 - Parole rescission hearing; notice of hearing

(a) Upon the initiation of the rescission hearing process, the inmate shall be provided with written notification of the reasons for the hearing, the purpose of the hearing, and the information and material to be considered at the hearing, except information classified as confidential pursuant to N.J.A.C. 10A:71-2.2 or the rules of the Department.

(b) Notification pursuant to (a) above shall inform the inmate of the following rights to which he or she shall be entitled at the rescission hearing:

1. The right to appear and speak in his or her own behalf and to be aided by an interpreter if such aid is determined to be necessary by the hearing officer.

2. The right to remain silent.

3. The right to present witnesses to testify in his or her behalf as to matters relevant to the hearing in accordance with 10A:71-2.1 0.

4. The right to present documentary evidence and any other relevant material or information to the hearing officer.

5. The right to confront and cross-examine adverse witnesses upon request, unless the hearing officer determines that such witnesses would be subjected to risk of harm.

6. The right to waive such hearing.

7. The right to disclosure of adverse information, except as provided at N.J.A.C. 10A:71-2.2 or the rules of the Department.

(c) When a rescission hearing is conducted pursuant to 10A:71-3.4 8(n)1iii, any and all statements or testimony of the victim or nearest relative of a murder/manslaughter victim submitted to the Board pursuant to 10A:71-3.4 8 and the identity of the person submitting such statements or testimony shall be deemed confidential pursuant to 10A:71-2.2. Further, confrontation and cross-examination of the person providing statements or testimony to the Board pursuant to 10A:71-3.4 8 shall not be permitted.

N.J. Admin. Code § 10A:71-5.7

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Subsection (a) deleted; old (b)-(c) recodified to (a)-(b).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 N.J.R. 3870(a), 29 N.J.R. 1318(a).
In (a) and (b)8, inserted reference to Commission.
Amended by R.1999 d.252, effective 8/2/1999.
See: 31 N.J.R. 1140(a), 31 N.J.R. 2218(a).
In (b), deleted a former 2, and recodified former 3 through 8 as 2 through 7; and added (c).
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In (a), deleted "the Board panel shall provide" preceding and inserted "shall be provided" following "the inmate", and deleted "and regulations" following "rules".
Amended by R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a).
In (a), (b)3 and (b)7, updated the N.J.A.C. reference; and in (c), substituted "pursuant to N.J.A.C. 10A:71-2.2" for "and shall not be released to the inmate".

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