N.J. Admin. Code § 10A:71-7.3

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

Section 10A:71-7.3 - Motion for accelerated revocation

(a) Upon the arrest of a parolee for an alleged offense committed while on parole, it shall be the responsibility of the local police department to immediately notify the prosecuting authority and the parole officer of the fact of the parolee's arrest. Notification to the prosecutor may be restricted pursuant to instructions from the prosecutor's office.

(b) If the prosecuting authority or the Director of Parole, or his or her designee, determines that the charges against the parolee are of a serious nature and the parolee otherwise poses a danger to public safety, the prosecuting authority or the Director of Parole, or his or her designee, may apply, in writing, to the Chairperson, or his or her designated representative, for the prompt initiation of revocation proceedings.

1. Such application shall include:

i. The amount of bail, if any, set in the case; and

ii. An evaluation of the likelihood of the parolee posting bail or being released from detention; and

iii. Appropriate discovery material which will clearly document that the parolee may have committed a new crime or an act of delinquency; and

iv. The reasons why the parolee poses a danger to public safety.

2. If the application is submitted by a prosecuting authority, such application shall also include:

i. A concise, comprehensive synopsis of the specific facts, statements or other evidence implicating the parolee in the commission of the alleged crime; and

ii. An affirmative representation that the case is not subject to any plea agreement which may result in the imposition of a non-custodial term or a custodial term of less than one year.

3. If the application is submitted by the Director of Parole, or his or her designee, such application shall also include an up-to-date chronological supervision report on the parolee's case.

(c) Upon receipt of an application from a prosecuting authority pursuant to (b) above, the Chairperson, or his or her designee, shall direct the Division of Parole to submit, within three days, for consideration, an up-to-date chronological supervision report on the parolee's case.

(d) Upon review of the application and chronological supervision report, a determination shall be made by the Chairperson and a designated Board member or a designated two-member Board panel as to whether the charges against the parolee are of a serious nature, whether the parolee otherwise poses a danger to public safety, and whether the revocation process shall be initiated. The Chairperson, or his or her designated representative, shall advise the prosecuting authority or the Director of Parole, or his or her designee, and the District Parole Supervisor as to whether the revocation process shall or shall not be initiated.

(e) If the revocation process is initiated pursuant to this subsection, the Chairperson or his or her designated representative shall immediately authorize the issuance of a warrant for the arrest of the parolee.

(f) If the revocation process is initiated at the request of a prosecuting authority, a representative of the prosecuting authority shall appear at any preliminary and any revocation hearing in order to present evidence and/or testimony in regard to the parolee's alleged violation of parole conditions. It shall be the responsibility of the prosecuting authority to insure the appearance of any witness(es) deemed necessary for the presentation of the case against the parolee.

(g) If a parolee testifies at any preliminary or any revocation hearing initiated pursuant to this subsection, the parolee shall be informed that, pursuant to N.J.S.A. 30:4-123.6 0, his or her testimony and the evidence derived therefrom shall not be used against him or her in a subsequent criminal prosecution or delinquency adjudication.

(h) If the prosecuting authority makes application for the initiation of revocation proceedings pursuant to this section, he or she shall be notified of any subsequent action on the revocation case by a hearing officer, Board panel or Board.

N.J. Admin. Code § 10A:71-7.3

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
(b)3 added the word "clearly"; (e) added "and/or testimony in regard to".
Amended by R.1993 d.398, effective 8/16/1993.
See: 25 New Jersey Register 435(a), 25 New Jersey Register 3829(a).
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 (a), substituted "offense" for "crime; in (b), (b)3, (c) and (d), inserted reference to Commission or to a designated representative of the Commission; and in (g), substituted "delinquency adjudication" for "delinquency prosecution".
Amended by R.2000 d.50, effective 2/7/2000.
See: 31 New Jersey Register 3579(a), 32 New Jersey Register 472(b).
In (b) and (d), substituted references to the Director of Parole for references to the Chief of the Bureau of Parole throughout.
Amended by R.2002 d.175, effective 6/3/2002.
See: 34 New Jersey Register 359(a), 34 New Jersey Register 1918(b).
Inserted "or his or her designee" following "Director of Parole" throughout.

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