New Jersey Administrative Code

(a) If the Board members certifying parole release establish a special condition requiring full or partial restitution, the Board shall immediately request that the sentencing court set the amount of such restitution. (b) The Board shall identify for the sentencing court the elem…

(a) The appropriate Board panel or the Board may modify or vacate a condition of parole at any time for cause. (b) A parolee may apply to the appropriate Board panel or the Board at any time for modification or vacation of a condition of parole. A parole officer may apply to the …

(a) If the parole officer has probable cause to believe that a State prison parolee has violated a condition of parole, such violation not being a basis for revocation of parole pursuant to N.J.A.C. 10A:71-7, the parole officer may require that the parolee appear before a hearing…

(a) If the preliminary hearing officer pursuant to N.J.A.C. 10A:71-7.4 or the adult Board panel pursuant to N.J.A.C. 10A:71-7.1 2 determines that a State prison parolee has violated a condition of parole but that such violation is not serious or persistent or that revocation of p…

(a) The appropriate Board panel may grant any parolee a complete discharge from parole prior to the expiration of the maximum term for which he or she was sentenced, provided that: 1. Such parolee has made a satisfactory adjustment while on parole; and 2. Continued supervision is…

Whenever the parole officer has probable cause to believe that a parolee under his supervision has seriously or persistently violated the conditions of parole, the parole officer shall file a report with the District Parole Supervisor requesting the commencement of revocation pro…

(a) The hearing officer shall record the preliminary 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 a…

(a) The appropriate Board panel shall review the hearing officer's hearing summary and any written exceptions within 15 days of the date of the preliminary hearing. After consideration of the hearing summary and any written exceptions thereto, the Board panel shall determine whet…

(a) A parole revocation hearing shall be conducted when:1. A hearing officer determines that probable cause exists to believe that the parolee has seriously or persistently violated the conditions of parole and that revocation of parole is desirable; or 2. The parolee has been co…

(a) Except as provided in this subchapter, the revocation hearing shall be conducted within 60 days of the date the parolee was taken into custody as a parole violator, or, where the parolee was sentenced or committed to a State or county correctional facility within 60 days of t…

(a) It shall be the responsibility of designated Board staff to give written notice to the parolee of the time, date and place of the revocation hearing. (b) Such notice shall be served upon the parolee by personal service or by regular mail to the institution where the parolee i…

(a) The hearing officer shall immediately withdraw the warrant, except as provided in (b) below, if he or she determines upon the conclusion of the parole revocation hearing that: 1. Clear and convincing evidence does not exist to believe that the parolee has seriously or persist…

(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…

Notes N.J. Admin. Code § 10A:71-7.16A Recodified to N.J.A.C. 10A:71-7.17A by R.1999 d.252, effective 8/2/1999. See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).

Notes N.J. Admin. Code § 10A:71-7.16B Recodified to N.J.A.C. 10A:71-7.17B by R.1999 d.252, effective 8/2/1999. See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).

(a) After consideration of the hearing officer's hearing summary and opinion and any written exceptions thereto, a two-member Board panel shall determine whether to revoke parole pursuant to N.J.A.C. 10A:71-7.12. The Board panel members shall not receive or consider any ex parte …

Notes N.J. Admin. Code § 10A:71-7.17A Amended by 48 N.J.R. 2612(b), effective 12/5/2016 Reserved by 53 N.J.R. 1383(b), effective 8/16/2021

Notes N.J. Admin. Code § 10A:71-7.17B Amended by 48 N.J.R. 2612(b), effective 12/5/2016 Amended by 50 N.J.R. 1154(a), effective 4/16/2018 Reserved by 53 N.J.R. 1383(b), effective 8/16/2021

(a) Within 21 days of the revocation hearing, the appropriate Board panel shall issue a written Notice of Decision to the parolee and the parolee's attorney, the District Parole Supervisor, and the Department. (b) Such Notice of Decision shall consist of: 1. The decision of the B…

Notes N.J. Admin. Code § 10A:71-7.18A Recodified to N.J.A.C. 10A:71-7.19A by R.1999 d.252, effective 8/2/1999. See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).

(a) If a parolee has been sentenced and paroled under provisions of the "Sex Offender Act," N.J.S.A. 2A:164-3 et seq., or N.J.S.A. 2C:47-1 et seq., and if the adult Board panel has revoked parole, a request for a complete examination, containing a copy of the hearing summary of t…

(a) This section applies to offenders who were sentenced to confinement in the Adult Diagnostic and Treatment Center under N.J.S.A. 2C:47-1 et seq. for an offense committed on or after December 1, 1998; who were paroled under the provisions of N.J.S.A. 2C:47-5(a); and who violate…

(a) The parole officer shall request that a parole violation warrant be issued when the parole officer has probable cause to believe that the parolee has seriously or persistently violated parole conditions by conduct other than new criminal charges and where evidence indicates t…

(a) When a warrant for the arrest of a parolee is withdrawn, such warrant shall be immediately cancelled. Such cancellation shall not alter any forfeiture of time pursuant to N.J.S.A. 30:4-123.65. (b) If the Board panel determines that a parole warrant was issued in error, upon w…

(a) For violation of a condition of parole requiring the payment of any assessment, fine, penalty, lab fee or restitution, the appropriate Board panel shall revoke parole only for failure or refusal by the parolee to make a good faith effort to make such payment. (b) If a Board p…

(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 prosecu…

When a parolee is arrested on a parole violation warrant, a preliminary hearing shall be conducted by a hearing officer to determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of parole and whether revocation of par…

(a) The preliminary hearing shall be conducted within 14 days of the parolee's return to custody as a parole violator, unless the hearing officer, the parole officer or the parolee requests a postponement of such hearing. (b) A preliminary hearing may be conducted by videoconfere…

Preliminary hearings shall be conducted by a hearing officer appointed by the Chairperson, or his or her designated representative. Notes N.J. Admin. Code § 10A:71-7.6 Amended by R.1985 d.213, effective 5/6/1985. See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a)…

(a) It shall be the responsibility of the parole officer or the District Parole Supervisor to give written notice to the parolee of the time, date, and place of the preliminary hearing at least three days prior to the preliminary hearing unless the parolee waives such notice. (b)…

(a) At the conclusion of the preliminary hearing, the hearing officer shall determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of his or her parole and whether revocation of parole is desirable. (b) Immediately up…

(a) The hearing officer shall order the immediate withdrawal of the warrant, except as provided in (b) below, if he or she determines that: 1. Probable cause does not exist to believe that the parolee has seriously or persistently violated conditions of parole; or 2. Probable cau…

(a) The Certificate of Good Conduct is a document issued by the Board to assist the rehabilitation of convicted offenders by removing impediments and restrictions upon their ability to obtain proposed employment. (b) The Certificate of Good Conduct does not imply pardon and under…

(a) An application for a Certificate of Good Conduct shall not be entertained unless the applicant meets all of the following requirements: 1. The applicant previously was supervised by the Board or is presently supervised by the Board. 2. If the applicant is presently supervised…

(a) The applicant shall apply to the Board for a Certificate of Good Conduct on forms prescribed and furnished by the Board. (b) Upon receipt of the application, the Board shall initiate a confidential investigation which shall contain all pertinent information, with particular r…

The Board shall evaluate the application on the basis of the applicant having achieved a degree of rehabilitation indicating that his or her engaging in the proposed employment would not be incompatible with the welfare of society. Notes N.J. Admin. Code § 10A:71-8.4

(a) The Board shall provide written notice to the applicant of its decision within 30 days of the date of the decision. (b) The original copy of the Certificate of Good Conduct, if granted, shall be maintained by the Board. (c) A copy of the Certificate of Good Conduct, if grante…

(a) The Board may revoke a Certificate of Good Conduct for good cause. (b) A person who is the subject of the Certificate of Good Conduct shall be provided written notice prior to the Board rendering a decision to revoke the certificate. The person who is the subject of the certi…

A decision by the Board to grant or revoke a certificate shall be rendered pursuant to N.J.A.C. 10A:71-1.2(h) and (i). Notes N.J. Admin. Code § 10A:71-8.7 Adopted by 48 N.J.R. 2612(b), effective 12/5/2016

(a) A certificate may be issued by the Board in the case of a person who was under parole supervision in accordance with the provisions of N.J.S.A. 2A:168A-7, which suspends certain disabilities, forfeitures or bars to employment or professional licensure or certification that ap…

The following words or terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Public employment" shall mean employment by a State, county, or municipal agency, but shall not include elected office, or employment in l…

(a) A certificate may be issued by the Board pursuant to N.J.S.A. 2A:168A-7 in regard to a qualified offender who is, or had previously been, under supervision by the Board if the Board determines pursuant to N.J.S.A. 2A:168A-8(b) that: 1. The applicant is convicted of a second, …

Pursuant to N.J.S.A. 2A:168A-9, a certificate issued pursuant to N.J.S.A. 2A:168A-7 shall be presumptive evidence of the subject's rehabilitation when considered in regard to public employment as defined in N.J.S.A. 2A:168A-7 and N.J.A.C. 10A:71-9.2, or in conjunction with any li…

(a) The applicant shall apply to the Board for a certificate on forms prescribed and furnished by the Board. (b) Upon receipt of the application, the Board may initiate a confidential investigation, which shall contain all pertinent information, with particular reference to the n…

(a) The Board shall provide written notice to the appropriate prosecutor of the pendency of an application submitted pursuant to this subchapter within 30 days of receipt of the application. (b) The Board shall provide written notice to the appropriate prosecutor of the decision …

(a) In accordance with N.J.S.A. 2A:168A-11, a certificate granted pursuant to N.J.S.A. 2A:168A-7 shall no longer be valid if the person who is the subject of the certificate is indicted for a first or second degree crime or convicted of a crime. (b) Upon presentation of satisfact…

A decision by the Board to grant or revoke a certificate shall be rendered pursuant to N.J.A.C. 10A:71-1.2(h) and (i). Notes N.J. Admin. Code § 10A:71-9.8