N.J. Admin. Code § 10A:71-1.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:71-1.3 - Parole case reviews, release hearings, board panel and board hearings

(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 personnel and correction officers, if security considerations so warrant, parole release hearings, Board panel and Board hearings shall be open only to such persons as authorized by the Board panel or Board with the consent of any inmate who may be present for a hearing on his or her case. The inmate's consent shall be in writing and made a part of the Board's record on the inmate.

(d) All parole determinations on individual cases shall be made by a majority vote of the appropriate Board panel members or, in the case of Board hearings, by a majority vote of the Board members, subject to the provisions of N.J.A.C. 10A:71-1.4 and 1.5.

(e) When a Board panel hearing is conducted by two members, the inmate's case shall be referred to the third Board panel member if upon conclusion of the hearing a unanimous decision on the case cannot be reached.

1. In such instances, the third Board panel member shall review all records of the hearing prior to the Board panel rendering a final decision on the case.

2. In such instances, if the third Board panel member is disqualified pursuant to N.J.A.C. 10A:71-1.5(a), or (b), the case shall be considered by a Board member(s) designated pursuant to N.J.A.C. 10A:71-1.5(e) or (f).

N.J. Admin. Code § 10A:71-1.3

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 amended.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Requirement of full Board hearing in the case of any offender serving a custodial term for the offense of murder.
Amended by R.1990 d.257, effective 5/21/1990.
See: 22 New Jersey Register 899(a), 22 New Jersey Register 1609(a).
In (c): added phrase "and correction ... warrant.".
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.2005 d.127, effective 4/18/2005.
See: 36 New Jersey Register 4407(a), 37 New Jersey Register 1191(b).
Deleted (d) and recodified former (e) and (f) as (d) and (e).