N.J. Admin. Code § 13:96-2.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:96-2.1 - Factors affecting parole release dates

(a) In accordance with the provisions of N.J.S.A. 2A:4A-44, and consistent with the provisions of this section, the Executive Director shall implement a standardized juvenile release system designed to incentivize positive behavior and participation in rehabilitative programming among juveniles, and which shall contain, at a minimum, the following elements:

1. An IPPD, which is two-thirds of a juvenile's term, minus jail credits or other credits earned while in a county juvenile detention facility or county jail, and, if applicable, an SPPD, which is two-thirds of a juvenile's remaining term for any juvenile returned to custody for violating conditions of parole supervision.

2. A system that automatically subtracts days from or adds days to the IPPD or SPPD which may decrease the PPD to as little as 33.33 percent of the term of commitment and increase the PPD to as much as 100 percent of the term of commitment, less any other jail credits awarded by the court, as follows:

i. Upon initial intake at reception, days shall begin to be subtracted from, or added to, the IPPD or SPPD, and shall range from a maximum of one day subtracted from the IPPD or SPPD for every day in custody for juveniles at the lowest custody level and highest behavioral rating, to a maximum of one day added to the ippd or sppd for juveniles at the highest custody level and lowest behavioral rating, as follows:

Juvenile's Custody Level and Behavioral Rating	Days Subtracted from the IPPD or SPPD Per Day Served in Custody
While Awaiting Initial Classification Assignment	-0.5
1A, 2.1A, 1.2A	-1.0
1B, 2.1B, 1.2B	-0.75
1C, 2.1C, 1.2C	-0.5
2A	-0.25
2B	0
2C	+0.25
3A	+0.5
3B	+0.75
3C	+1.0

ii. Five days shall be added to the IPPD or SPPD for the following violations set forth at N.J.A.C. 13:101-4.1: J101, J201A, J201C, J201B, J202, J204, J301, J401, J501, J502, J601, J703, and J704.

3. In addition to (a)2 above, the review committee may recommend discretionary release credits that may further decrease time served as follows:

i. Subject to the review and approval of the Panel provided for pursuant to N.J.A.C. 13:96-2A, up to six days of discretionary juvenile release credits may be subtracted from the IPPD or SPPD on a quarterly basis by the review committee. The only factors to be considered by the review committee when recommending discretionary juvenile release credits are the extent and nature of the juvenile's:

(A) Engagement in rehabilitative and educational programming;

(B) Progress toward completing goals identified in his or her case action plan; and

(C) Behavior while in custody.

(b) If a juvenile is approved for parole by the Panel prior to serving one-third of the term of commitment for any crime of the first, second, or third degree, including any extended term, or onefourth of the term of commitment for any other crime, the Commission shall seek the final approval of the sentencing court no later than 45 days prior to the PPD.

(c) Juveniles shall be informed of the juvenile release system during the intake process and during facility orientation, and a description of the system shall be included in all resident handbooks provided to juveniles. Resident handbooks shall be reviewed annually and updated, as needed.

N.J. Admin. Code § 13:96-2.1

Amended and recodified to 13:96-5.1 53 N.J.R. 2231(a), effective 12/20/2021