N.J. Admin. Code § 10A:71-6.9

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

Section 10A:71-6.9 - Discharge from parole

(a) The appropriate Board panel may grant any parolee a complete discharge from parole prior to the expiration of the maximum term for which he or she was sentenced, provided that:

1. Such parolee has made a satisfactory adjustment while on parole; and

2. Continued supervision is not required;

3. The parolee has made full payment of any fine or restitution and the parolee has made full payment or, in good faith, established a satisfactory payment schedule for any assessment, penalty, or lab fee; or

4. In the opinion of the Board panel, continued supervision is not warranted or appropriate based upon a review of the facts and circumstances considered pursuant to N.J.A.C. 10A:71-7.10, 7.11, 7.12, 7.16, and 7.17.

(b) The Board panel will consider requests for discharge after the following periods of parole supervision have been completed:

1. In the case of parolees serving life sentences, after a period of seven years; provided the parolee has been under advanced supervision status for the final two years.

2. Except as provided at (b)1 above, in the case of adult parolees serving sentences for murder, manslaughter, kidnapping, aggravated sexual assault (including attempts), robbery first degree, arson, aggravated assault second degree, and sale or distribution or sale of controlled dangerous substances and possession of controlled dangerous substances with intent to distribute, after a period of two years, provided the parolee is under advanced supervision status.

3. In the case of county parole absconders, after a period of two years from the expiration date of the original maximum sentence, provided the parolee has no known arrests.

4. In the case of young adult parole absconders, after a period of three years from the date the parolee became an absconder; provided the parolee has no known arrests and provided the original maximum sentence has expired.

5. In the case of adult parole absconders, after a period of 10 years from the date the parolee became an absconder or after a period of five years from the expiration of the original maximum sentence, provided the parolee has no known arrests.

6. In all other cases, after a period of one year.

(c) The provisions of (a) and (b) above shall not preclude the appropriate Board panel from granting a county parolee a complete discharge from parole prior to the expiration of the maximum term for which he or she was sentenced when the appropriate Board panel determines that good cause exists to grant such a discharge.

(d) If the District Parole Supervisor determines that a parolee has made exceptional progress while on parole supervision, the District Parole Supervisor may request that a waiver of the time periods in this section be granted by the appropriate Board panel. Such waiver may be granted by the appropriate Board panel for good cause.

(e) When a parolee has completed two years of parole supervision and thereafter on an annual basis, the parole officer and the District Parole Supervisor shall review the case to determine whether good reason exists to require continued supervision.

1. If the District Parole Supervisor determines at such review that good reason exists to require continued supervision, and unfavorable discharge determination shall be made, and a statement setting forth such determination and the reasons therefor shall be entered on the chronological supervision report.

2. If the District Parole Supervisor determines that good reason does not exist to require continued supervision and that the parolee qualifies for discharge pursuant to (a) above, a favorable discharge recommendation shall be submitted in writing to the appropriate Board panel. The discharge recommendation shall include the basis for the recommendation and a full explanation as to the adjustment of the parolee while under supervision. A copy of all chronological supervision reports shall be submitted with the discharge recommendation to the appropriate Board panel.

3. The appropriate Board panel shall review requests for discharge and advise the District Parole Supervisor of its decision within 45 days of receipt of the recommendation.

(f) The appropriate Board panel may provide a discharge from continued parole supervision:

1. In the case of a parolee who has received a non-custodial term for the commission of an offense and the parolee is to be under community supervision through a probation or parole agency in another jurisdiction; or

2. The parolee has clearly established that continued parole supervision under a community plan in this State or consideration of a formal transfer of supervision to another state would not be conducive to the timely continuation of the parolee's community reintegration.

(g) If discharge is granted, the appropriate Board panel shall issue a discharge certificate on the parolee.

(h) A decision to discharge an adult parolee serving a sentence for murder shall be rendered by the Board. The Board may require an adult parolee to appear for an interview before the Board prior to a decision being rendered.

N.J. Admin. Code § 10A:71-6.9

As amended, R.1981 d.324, effective 9/10/1981.
See: 13 N.J.R. 440(a), 13 N.J.R. 598(a).
New (b) and (c) added; old (b) and (c) renumbered as (d) and (e).
As amended, R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Section substantially amended.
Amended by R.1988 d.336, effective 7/18/1988.
See: 19 N.J.R. 1396(b), 20 N.J.R. 1716(b).
Added (b)3; renumbered old (b)3-5 as 4-6.
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 N.J.R. 4150(a), 27 N.J.R. 686(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)4, inserted additional N.J.A.C. reference; in (c) and (d), inserted references to designated representative of the Commission; and added (g).
Amended by R.1999 d.252, effective 8/2/1999.
See: 31 N.J.R. 1140(a), 31 N.J.R. 2218(a).
In (a)4, changed N.J.A.C. references.
Amended by R.2000 d.50, effective 2/7/2000.
See: 31 N.J.R. 3579(a), 32 N.J.R. 472(b).
Inserted a new (c); and recodified former (c) through (g) as (d) through (h).
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 N.J.R. 1044(a), 33 N.J.R. 2672(a).
Rewrote (e)2.
Amended by R.2014 d.013, effective 1/6/2014.
See: 45 N.J.R. 1337(a), 46 N.J.R. 79(b).
Added new (h), and recodified former (h) as (i).

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