New Jersey Administrative Code

(a) The Board may, in its discretion and if consistent with statutory requirements, relax the application of any rule or certain requirements of a rule in this chapter or N.J.A.C. 10A:72 for good cause. (b) A request for relaxation of a rule or certain requirements of a rule may …

(a) Formal Board meetings shall be any meetings where Board policy, rules, and regulations are determined. 1. Except as provided in this section, the Chairperson shall give at least one week's notice of a formal Board meeting to members of the Board, the Governor, and the Commiss…

(a) The Chairperson shall establish the schedule of all parole case reviews, release hearings, Board panel and Board hearings. (b) The Chairperson shall give reasonable notice of such case reviews and hearings to the Board panel members. (c) In addition to appropriate Board perso…

(a) The Board shall consist of a Chairperson, 14 associate members, and three alternate Board members. Members of the Board and the alternate Board members shall be appointed by the Governor with the advice and consent of the Senate from qualified persons with training or experie…

(a) A Board member shall not participate in any Board or Board panel deliberations or disposition of any case in which the Board member has a personal interest, prejudice or bias. (b) A Board member shall not participate in any Board or Board panel disposition of the member's ini…

In the absence of the chairperson or vice-chairperson, the senior Board member shall function as the presiding member of the Board or Board panel. Notes N.J. Admin. Code § 10A:71-1.6 Amended by R.1998 d.391, effective 8/3/1998. See: 30 New Jersey Register 1176(a), 30 New Jersey R…

Powers delegated to a Board member or representative shall be exercised in accordance with Board policies and directives. Notes N.J. Admin. Code § 10A:71-1.7

(a) The Chairperson of the Board shall function as the Board's chief spokesman and representative to all agencies of government on any parole matter. (b) The Chairperson of the Board is vested with the responsibility for the release of information on any parole matter in accordan…

(a) As provided by law, the Board shall publish a yearly report detailing the operations, organization and procedures of the Board. The report also may include relevant information on compliance with established time frames in the processing of parole eligibility determinations, …

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Access" shall mean granting a requester the opportunity to inspect, examine or obtain a copy of a government record. "Anonymous" shall m…

(a) The Board panel or Board shall consider the final decision of the Department's officials responsible for adjudication of institutional infractions to be res judicata. (b) No rescission hearing shall be held pursuant to N.J.A.C. 10A:71-5, nor shall any alteration of the parole…

The Chairperson shall assign a parole counselor or other Board representative to each State correctional facility to assist inmates on all parole procedures, including any appearances before a hearing officer, Board panel or the Board. Notes N.J. Admin. Code § 10A:71-2.11 Recodif…

(a) Pursuant to N.J.S.A. 30:1B-6.10, the Commissioner and the Chairperson shall coordinate reentry preparation and other rehabilitative services for inmates in all State correctional facilities. (b) Appropriate staff within the Department and the Board shall be responsible for en…

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., any other law, rule promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of th…

(a) The Chairperson shall designate a custodian of records for the Board, who shall be responsible for accepting and processing requests for access to government records of the Board. (b) The address and other contact information for the custodian of records shall be posted on th…

(a) All requests for access to government records of the Board pursuant to N.J.S.A. 47:1A-1 et seq. shall be in writing on a form that meets the requirements of N.J.S.A. 47:1A-5(f) and is adopted by the custodian of records. (b) The requester shall be requested to provide the fol…

(a) Request forms may be hand-delivered during normal business hours of the Board, mailed or transmitted electronically by the requester to the custodian of records. (b) Any member or employee of the Board who receives a request for access to a government record shall direct the …

(a) The custodian of records shall grant or deny access within seven business days after receiving a request completed in accordance with N.J.A.C. 10A:71-2.4 or such additional time as may be authorized by law or this subchapter or as may be agreed to by the requester. (b) If the…

(a) The costs for providing a government record shall be that set forth in N.J.S.A. 47:1A-1 et seq. (b) Unless a special charge is required to fulfill a request for records that are maintained electronically, only the cost of the medium used by the Board to reproduce records shal…

(a) Electronic recordings of parole hearings and revocation hearings shall be retained by the Board for at least one year from the date a decision is rendered in an inmate's case provided, however, that if an appeal is filed within one year from the date of the decision being app…

Any hearing officer or Board member may issue a subpoena to compel the appearance of witnesses and the production of documentary evidence relevant to any proceedings before such hearing officer or Board member. Notes N.J. Admin. Code § 10A:71-2.9 Amended by R.1985 d.213, effectiv…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Actual eligibility date" shall mean the date that an adult inmate is actually eligible for consideration for parole. Such date shall be c…

(a) In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that there is a substantial…

(a) Parole decisions shall be based on the aggregate of all pertinent factors, including material supplied by the inmate and reports and material which may be submitted by any persons or agencies which have knowledge of the inmate. (b) The hearing officer, Board panel, or Board s…

(a) If an inmate is physically unable to appear at a parole hearing, or if an inmate refuses to appear at a parole hearing, the hearing officer, Board panel, or the Board shall consider the case on the record in the inmate's absence. (b) If a mental competency examination has cer…

(a) The parole hearing shall be informal. (b) Parole hearings on a scheduled hearing date shall commence at 9:00 A.M. unless otherwise agreed to by the Board panel members. (c) The hearing officer, Board panel or Board shall receive as evidence any relevant and reliable documents…

(a) Upon the Board panel's receipt of the reports required pursuant to N.J.A.C. 10A:71-3.7, the Chairperson shall establish a schedule of case reviews and parole hearings to be conducted by a hearing officer assigned by the Chairperson. (b) Except as provided in N.J.A.C. 10A:71-3…

(a) At the conclusion of the parole hearing or case review, the hearing officer shall: 1. Recommend, except as provided at (b) below, to the members of the appropriate Board panel that the inmate be released on parole; 2. Refer the case to the appropriate Board panel for a hearin…

(a) When the hearing officer recommends that an inmate be released on parole, or recommends the inmate for administrative parole release, the Chairperson shall assign two members of the appropriate Board panel to review such recommendation. (b) If the assigned Board members concu…

(a) Any case referred to a Board panel by a hearing officer pursuant to N.J.A.C. 10A:71-3.1 5 or by Board members pursuant to N.J.A.C. 10A:71-3.1 6 shall be scheduled by the Chairperson for a hearing by the appropriate Board panel. (b) Except as provided in N.J.A.C. 10A:71-3.5 1,…

(a) At the conclusion of the Board panel hearing, the Board panel shall take one of the following actions: 1. Certify parole release, except as provided in (b) below, as soon as practicable after the parole eligibility date by: i. Establishing a parole release date based upon the…

(a) A parole eligibility date is accelerated when an inmate becomes eligible for parole at the time of or within 120 days of an event or circumstance beyond the control of the Board, such as sentencing, resentencing or other amendment, including the awarding of additional credit …

(a) A case referred to the Board by a Board panel pursuant to N.J.A.C. 10A:71-3.1 8(c) shall be scheduled by the Chairperson for a hearing by the Board. (b) Such hearing shall be conducted at least 30 days or as soon as practicable in advance of the inmate's actual parole eligibi…

(a) This section shall not apply to adult inmates sentenced pursuant to N.J.S.A. 2A:113-4 for a term of life imprisonment, N.J.S.A. 2A:164-17 for a fixed minimum and maximum term or N.J.S.A. 2C:1-1(b). The aggregation provisions of N.J.S.A. 30:4-123.1, et seq. shall apply to such…

(a) At the conclusion of the Board hearing, the Board shall take one of the actions as specified in N.J.A.C. 10A:71-3.1 8(a). (b) If the Board determines to certify parole release, the Board shall not impose on any parolee any condition that would prohibit or restrict manufacturi…

(a) Upon determining to deny parole to a prison inmate, a two-member adult Board panel shall, based upon the following schedule, establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole. 1. Except as provided in this subsection, a pr…

(a) Pursuant to N.J.S.A. 30:4-123.55.d, an adult inmate shall be administratively released on parole at the time of primary or subsequent parole eligibility provided that: 1. The inmate has not been previously convicted of, adjudicated delinquent for, or is currently serving a se…

Notes N.J. Admin. Code § 10A:71-3.23 As amended, R.1980 d.488, effective 11/6/1980. See: 12 N.J.R. 537(a), 12 N.J.R. 724(c). Amended by R.1985 d.213, effective 5/6/1985. See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a). Section substantially amended. Amended by R.1988 d.336, effective 7…

Notes N.J. Admin. Code § 10A:71-3.24 R.1980 d.448, effective 11/6/1980. See: 12 New Jersey Register 537(a), 12 New Jersey Register 724(c). Amended by R.1985 d.213, effective 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a). Section substantially amend…

Notes N.J. Admin. Code § 10A:71-3.25 R.1980 d.488, effective 11/6/1980. See: 12 New Jersey Register 537(a), 12 New Jersey Register 724(c). Amended by R.1985 d.213, effective 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a). Section substantially amend…

Notes N.J. Admin. Code § 10A:71-3.26 R.1980 d.488, eff. 11/6/1980. See: 12 N.J.R. 537(a), 12 N.J.R. 724(c). Amended by R.1985 d.213, eff. 5/6/1985. See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a). (b)21 and 22 added. Recodified from N.J.A.C. 10A:71-3.24, effective 3/5/1990. See: 21 N.J…

Notes N.J. Admin. Code § 10A:71-3.27 R.1980 d.488, eff. 11/6/1980. See: 12 N.J.R. 537(a), 12 N.J.R. 724(c). Amended by R.1985 d.213, eff. 5/6/1985. See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a). Section substantially amended. (e) recodified to 3.26. Amended by R.1988 d.336, effective…

Notes N.J. Admin. Code § 10A:71-3.28 R.1980 d.488, eff. 11/6/1980. See: 12 N.J.R. 537(a), 12 N.J.R. 724(c). Amended by R.1985 d.213, eff. 5/6/1985. See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a). Recodified with substantial amendments from N.J.A.C. 10A:71-3.25(e). Amended by R.1988 d.…

Notes N.J. Admin. Code § 10A:71-3.29 R.1980 d.488, eff. 11/6/1980. See: 12 New Jersey Register 537(a), 12 New Jersey Register 724(c). Amended by R.1985 d.213, eff. 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a). Amended by R.1986 d.306, effective 8/…

(a) Except as provided herein, an inmate sentenced to an indeterminate term of years as a young adult inmate shall be primarily eligible for parole consideration on a date established by a hearing officer or the young adult Board panel pursuant to the following schedule of presum…

Notes N.J. Admin. Code § 10A:71-3.30 New Rule, R.1985 d.213, eff. 5/6/1985. See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a). Section 3.27 recodified to 3.29. Amended by R.1986 d.306, effective 8/4/1986. See: 18 N.J.R. 929(a), 18 N.J.R. 1610(a). Deleted text "or juvenile board panel mem…

Notes N.J. Admin. Code § 10A:71-3.31 R.1980 d.488, eff. 11/6/1980. See: 12 New Jersey Register 537(a), 12 New Jersey Register 724(c). Amended by R.1985 d.213, eff. 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a). Section recodified with amendments fr…