N.J. Admin. Code § 10A:71-6.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-6.5 - Restitution

(a) If the Board members certifying parole release establish a special condition requiring full or partial restitution, the Board shall immediately request that the sentencing court set the amount of such restitution.

(b) The Board shall identify for the sentencing court the elements or factors to be considered in computing the amount of restitution and specify to the court the manner in which the following factors are to be applied.

1. Limitation of restriction to actual loss or damage caused by the crime. Damage may be limited to medical expenses and related costs, funeral expenses, specific personal property losses, other losses if clearly provable, and lost wages for limited periods of time which do not involve assessments of life expectancy.

2. Restitution is to be made to the persons most directly affected by the parolee's criminal acts.

3. Restitution must be related to the parolee's ability to pay and should not exceed an amount which would jeopardize its rehabilitative purpose.

4. Restitution must be directly related to the losses occurring as a result of the criminal act and to the attitude of the offender.

(c) Upon being notified by the sentencing court as to amount of restitution set, the Board shall notify the inmate, or, if released on parole, the parolee and the District Parole Supervisor of the amount of restitution.

N.J. Admin. Code § 10A:71-6.5

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
New (b) added; old (b) recodified to (c).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (c), inserted reference to designated representative of the Commission.

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