N.J. Admin. Code § 10A:71-7.15

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

Section 10A:71-7.15 - Status of parolee pending Board panel action

(a) The hearing officer shall immediately withdraw the warrant, except as provided in (b) below, if he or she determines upon the conclusion of the parole revocation hearing that:

1. Clear and convincing evidence does not exist to believe that the parolee has seriously or persistently violated conditions of parole; or

2. Clear and convincing evidence does exist to believe that the parolee has seriously or persistently violated conditions of parole but that revocation of parole is not desirable.

(b) In the case of a parolee who is on parole on a sentence imposed for the offense of murder, aggravated manslaughter, manslaughter, death by vehicular homicide, aggravated assault, kidnapping, aggravated sexual assault, sexual assault, robbery first degree, burglary second degree, terroristic threats, or endangering the welfare of a child, the warrant shall not be withdrawn pursuant to (a) above if the hearing officer determines that, based on the review of the hearing record and the review of the Board's records on the parolee, the parolee would pose a danger to the public safety. In such case, the parolee shall remain in custody pending a review by the appropriate Board panel pursuant to N.J.A.C. 10A:71-7.17.

(c) When the hearing officer determines that clear and convincing evidence exists to believe that the parolee has seriously or persistently violated conditions of parole, it shall be the responsibility of the hearing officer to determine whether the parolee shall be taken into custody pursuant to 10A:71-7.2, continued in custody or released from custody pending Board panel review.

1. If the hearing officer determines that the parolee should be released from custody, the hearing officer shall have the authority to direct that the warrant be withdrawn.

2. The parolee shall be taken into custody or continued in custody only where, in the opinion of the hearing officer, the parolee poses a danger to the public safety.

(d) In the case of a parolee who is on parole on a sentence imposed for the offense of murder, aggravated manslaughter, manslaughter, death by vehicular homicide, aggravated assault, kidnapping, aggravated sexual assault, sexual assault, terroristic threats or endangering the welfare of a child, the warrant shall not be withdrawn pursuant to (c) above unless the hearing officer determines, based on the review of the hearing record and the review of the Board's records on the parolee, that the parolee does not pose a danger to the public safety. If the warrant is authorized to be withdrawn, the hearing officer shall include in the summary report prepared pursuant to 10A:71-7.1 6 the basis for the determination that the parolee does not pose a danger to the public safety.

(e) When the hearing officer determines that the parolee should be released from custody, the hearing officer shall establish any parole conditions deemed reasonable in order to reduce the likelihood of recurrence of criminal behavior. Any parole condition established by the hearing officer shall be subject to review by the appropriate Board panel.

(f) Any condition established by a hearing officer pursuant to (e) above shall not be based on manufacturing, distributing, dispensing, possessing, or having under control with intent to manufacture, distribute, or dispense marijuana or hashish in violation of N.J.S.A. 2C:35-5.b(12) or possession of marijuana or hashish in violation of N.J.S.A. 2C:35-10.a(3).

N.J. Admin. Code § 10A:71-7.15

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

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

Amended by 54 N.J.R. 1728(a), effective 9/6/2022