N.J. Admin. Code § 10A:71-7.10

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

Section 10A:71-7.10 - Record of the preliminary hearing

(a) The hearing officer shall record the preliminary hearing by an electronic recording device. If the electronic recording device is not operational, the hearing shall proceed only upon the parolee waiving the electronic recording of the hearing. The waiver shall be in writing and signed by the parolee and shall be made a part of the parolee's records. If the parolee does not wish to proceed without the electronic recording of the hearing, the hearing shall be rescheduled within 14 days.

(b) Within seven days of the date of the preliminary hearing, the hearing officer shall prepare a written summary that shall summarize the preliminary hearing and contain the reasons for the hearing officer's opinion as to whether probable cause does or does not exist and the reason(s) therefor.

1. The hearing summary shall be forwarded to the appropriate Board panel.

2. A copy of the hearing summary shall be forwarded to the parolee's attorney, or directly to the parolee where he or she has appeared pro se, in order that the parolee or his or her attorney may object to, or comment on, the hearing summary by submitting written exceptions to such summary. Such exceptions shall be forwarded to the appropriate Board panel within seven days after receipt of the hearing officer's hearing summary. A copy of the hearing summary shall also be forwarded to the District Parole Supervisor.

N.J. Admin. Code § 10A:71-7.10

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Substantially amended.
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (a), inserted reference to the Commission.

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