N.J. Admin. Code § 10A:71-7.16

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

Section 10A:71-7.16 - Record of the revocation hearing

(a) The hearing officer shall record the revocation 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 revocation hearing, the hearing officer shall prepare a written summary, which shall summarize the revocation hearing and contain the hearing officer's opinion as to whether the alleged violation(s) has been substantiated and the reason(s) therefor.

1. Such 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.

(c) The hearing officer may verbally advise the parolee at the time of the hearing of the hearing officer's opinion as to whether the alleged violation(s) has been substantiated.

N.J. Admin. Code § 10A:71-7.16

Amended by R.1980 d.434, effective 10/7/1980.
See: 12 New Jersey Register 537(a), 12 New Jersey Register 665(a).
(c) added.
Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
"has" substituted for "have".
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (b)2, deleted "appropriate" preceding "District Parole Supervisor" and inserted reference to a designated representative of the Commission.
Recodified from N.J.A.C. 10A:71-7.15 by R.1999 d.252, effective 8/2/1999.
See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).
Former N.J.A.C. 10A:71-7.16, Board panel action; schedule of future parole eligibility dates upon revocation of parole for inmates who have violated parole prior to October 17, 1994, recodified to N.J.A.C. 10A:71-7.17.

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