New Jersey Administrative Code

(a) Whenever a county inmate's parole eligibility date is within six months of the date of sentence, the sentencing judge shall state such inmate's parole eligibility on the record. This action shall satisfy all public and inmate notice requirements. Notes N.J. Admin. Code § 10A:…

(a) Forty-five days in advance of the parole eligibility date, the chief executive officer of the institution of incarceration or designee shall initiate the preparation of up-to-date staff reports. (b) It shall be the responsibility of the chief executive officer or designee to …

(a) It shall be the responsibility of the chief executive officer of the institution or designee to provide each inmate with a copy of the report filed pursuant to N.J.A.C. 10A:71-3.3 6 at the time such report is filed with the designated hearing officer or Board panel, except su…

(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 persons or agencies which have knowledge of the inmate. (b) The hearing officer, Board panel or Board shall c…

(a) It shall be the responsibility of the chief executive officer, within seven days of resolution of any administrative appeal, to notify in writing the senior Board representative at the institution that an adult inmate has committed an institutional infraction listed in (c) be…

The provisions of N.J.A.C. 10A:71-3.1 2 shall be applicable in the cases of county inmates. Notes N.J. Admin. Code § 10A:71-3.40 New Rule, R.1985 d.213, effective 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a). Recodified from N.J.A.C. 10A:71-3.37, …

(a) The parole hearing provisions of N.J.A.C. 10A:71-3.1 3, except subsection (d), shall be applicable in the cases of county inmates. (b) All information not classified as confidential pursuant to N.J.A.C. 10A:71-2.2 or by the chief executive officer of the institution shall be …

(a) The Chairperson shall establish a schedule of parole hearings to be conducted by a hearing officer assigned or designated by the Chairperson. (b) Except as provided in N.J.A.C. 10A:71-3.5 1, such hearings shall be conducted at least 21 days in advance of the inmate's parole e…

(a) At the conclusion of the parole hearing, the hearing officer shall: 1. Recommend to the members of the appropriate Board panel that the inmate be released on parole; or 2. Refer the case to the appropriate Board panel for a hearing; or 3. Defer decision for up to 30 days in o…

(a) When the hearing officer recommends that an inmate be released on parole, the Chairperson shall assign a member of the appropriate Board panel to review such recommendation. In cases of offenders serving sentences for crimes of the first and second degree, such recommendation…

(a) Any case referred to a Board panel by a hearing officer pursuant to N.J.A.C. 10A:71-3.4 3 or by a Board member(s) or a Board member and a hearing officer pursuant to N.J.A.C. 10A:71-3.4 4 shall be scheduled by the Chairperson for a hearing by the appropriate Board panel. (b) …

(a) At the conclusion of the Board panel hearing, the Board panel shall take one of the following actions: 1. Certify parole release as soon as practicable after the parole eligibility date by: i. Establishing a specific parole release date as soon after the inmate's actual parol…

Upon determining to deny parole to a county inmate, the Board panel shall either establish a future parole eligibility date upon which the inmate shall be primarily eligible for parole or direct the inmate to serve the balance of the sentence. Notes N.J. Admin. Code § 10A:71-3.47…

(a) Any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder/manslaughter victim shall be entitled to present a written or videotaped statement for the parole report, filed pursuant to N.J.A.C. 10A:71-3.7, to be considered during…

(a) Upon public notice of an inmate's parole eligibility being issued pursuant to N.J.A.C. 10A:71-3.8, the Attorney General, the appropriate county prosecutor, any other criminal justice agency and any interested party whose information and comment may be relevant as to the neces…

(a) The appropriate Board panel will consider requests for exceptional progress eligibility term reductions from adult inmates if the following requirements are met: 1. The inmate has demonstrated exceptional progress in appropriate institutional or community programs; and 2. The…

(a) Release on a parole release date certified by Board members is conditioned upon: 1. The completion of a parole plan approved by the Board members certifying parole release and acceptable to the Division of Parole; 2. Satisfactory completion of any specific pre-release conditi…

Upon request of the hearing officer or the inmate, the time limits contained in this subchapter may be waived by the appropriate Board panel for good cause. Notes N.J. Admin. Code § 10A:71-3.51 Amended by R.1985 d.213, effective 5/6/1985. See: 16 New Jersey Register 3391(a), 17 N…

(a) Upon notification being provided to the Board by the Department that an inmate has been transferred under the interstate corrections compact, N.J.S.A. 30:7C-1 et seq., to another state or Federal institution to continue the service of his or her custodial term, the Board shal…

(a) Pursuant to N.J.S.A. 30:4-123.51e.a, the court may release an inmate who qualifies for compassionate release at any time during the term of incarceration. (b) An inmate granted compassionate release shall be subject to custody, supervision, and conditions, as provided at N.J.…

(a) Pursuant to N.J.S.A. 2C:43-7.2(a) (No Early Release Act), a court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection (d) of N.J.S.A. 2C:43-7.2 shall fix a minimum term of 85 percent of the sentence during which the offender…

(a) The Board, in cases involving the release of an adult inmate on parole, shall provide written notice to the prosecutor of the anticipated parole release of the inmate from incarceration in a county or State penal institution or the Adult Diagnostic and Treatment Center. (b) I…

(a) Pursuant to N.J.S.A. 30:4-123.67, the appropriate Board panel and the Department shall enter into formal parole contract agreements with individual inmates reduced to writing and signed by all parties. A parole contract agreement shall stipulate individual programs of educati…

Notes N.J. Admin. Code § 10A:71-3.57 Adopted by 48 N.J.R. 2612(b), effective 12/5/2016 Reserved by 53 N.J.R. 1383(b), effective 8/16/2021

(a) Upon the admission of an adult inmate to a State correctional facility, it shall be the responsibility of the chief executive officer of such facility to promptly notify the Board. (b) Upon such notification and within 90 days of the commencement of the sentence, the Board sh…

(a) Five to seven months in advance of the actual eligibility date, the Board shall promulgate a list of those adult inmates who appear to be eligible for parole consideration. (b) This list shall be distributed to the chief executive officer of the institution of incarceration a…

(a) At least 30 days prior to parole consideration, a copy of the list prepared pursuant to N.J.A.C. 10A:71-3.7(a), including the county from which the inmate was sentenced and the crime for which he or she was incarcerated, shall be forwarded to the Office of the Public Defender…

(a) It shall be the responsibility of the chief executive officer to provide each inmate with a copy of the report filed on his or her case pursuant to N.J.A.C. 10A:71-3.7 at the time such report is filed with the Board panel, except information classified as confidential pursuan…

(a) Any denial of parole by the special county, young adult or adult Board panel shall be appealable to the Board provided one of the following criteria is met: 1. The Board panel failed to consider material facts. 2. In the case of an inmate serving a sentence for an offense com…

(a) All appeals submitted pursuant to N.J.A.C. 10A:71-4.1 shall be filed in writing and within 90 days of written notice action or decision being received by the inmate and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. An appeal su…

(a) A Board member, Board panel or the Board may, upon determining that good cause exists, reconsider any decision to grant, deny or revoke parole. (b) A Board member who participated as a hearing officer or Board panel member in a case may request that the Board review any decis…

(a) A determination by a District Parole Supervisor or his or her designated representative shall be appealable to the Director, Division of Parole, or his or her designated representative.1. An appeal may be submitted, provided one of the following criteria is met: i. The Distri…

(a) The Board, the appropriate Board panel, the Chairperson, or a designated representative, may suspend a parole release date in accordance with the provisions of this subchapter. Any suspension of a parole release date shall act to prohibit the release of the inmate by the Depa…

(a) If a parole plan has not been approved prior to parole release by the Board member or members certifying parole release, the inmate's parole release date shall be suspended by such Board member or members pending approval of a parole plan. (b) If a parole plan has not been ac…

(a) If, by reason of an additional parole eligibility term which is aggregated pursuant to N.J.A.C. 10A:71-3.2, an inmate's parole eligibility date is altered, such parole release date shall be suspended. (b) If an inmate receives an additional sentence as a young adult offender,…

(a) If the Board member or members certifying parole release have established pre-release conditions and an inmate has failed to satisfactorily fulfill such conditions, the inmate's parole release date shall be suspended by such Board member or members. (b) Upon suspension of the…

(a) The Board or the appropriate Board panel may rescind a parole release date at any time prior to such date if facts, circumstances or conditions are brought to the attention of the Board or the appropriate Board panel, which may indicate that parole release pursuant to N.J.S.A…

(a) Upon the receipt of additional relevant information that may form a basis for parole rescission, a rescission hearing shall be scheduled before the Board, the appropriate Board panel or a hearing officer. (b) The purpose of the rescission hearing shall be to determine whether…

(a) Upon the initiation of the rescission hearing process, the inmate shall be provided with written notification of the reasons for the hearing, the purpose of the hearing, and the information and material to be considered at the hearing, except information classified as confide…

(a) The Board, Board panel or hearing officer shall record the rescission hearing by an electronic recording device. If the electronic recording device is not operational the hearing shall proceed only upon the inmate waiving the electronic recording of the hearing. The waiver sh…

(a) Except as otherwise provided pursuant to the Interstate Compact for Adult Offender Supervision, N.J.S.A. 2A:168-26 et seq., or the Witness Security Reform Act, 18 U.S.C. §§ 3521 et seq., all parolees released from an adult correctional facility shall at all times be under the…

(a) The appropriate Board panel may permit a parolee to reside outside the State pursuant to the provisions of the Interstate Compact for Adult Offender Supervision, N.J.S.A. 2A:168-26 et seq. (Interstate Compact), if the Board panel is satisfied that such change will not result …

(a) Pursuant to N.J.S.A. 2C:43-6.4(a), any enumerated offense committed prior to January 14, 2004, a court imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to N.J.S.A. 2C:13-…

(a) Pursuant to N.J.S.A. 2C:43-6.4(a), any enumerated offense committed on or after January 14, 2004, a court imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to N.J.S.A. 2C:…

(a) Pursuant to N.J.S.A. 30:4-123.88, the Board, on at least an annual basis, may administer to all offenders serving a special sentence of community or parole supervision for life, imposed pursuant to N.J.S.A. 2C:43-6.4, polygraph examinations in order to obtain information nece…

(a) Pursuant to N.J.S.A. 30:4-123.55.e, any offender granted parole, except an offender serving a parole term pursuant to N.J.S.A. 2C:43-6.4 or 2C:43-7.2, shall have the parole term reduced by parole compliance credits at a rate of one day for every six days of parole supervision…