N.J. Admin. Code § 10A:71-3.18A

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:71-3.18A - Accelerated parole eligibility dates; parole hearings-adult inmates

(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 to the original sentence, restoration of authorized institutional time credits or the application of authorized institutional time credits on a future eligibility date established pursuant to N.J.S.A. 30:4-123.5 6(a) or 30:4-123.6 4(a).

(b) The Board shall, within 21 days of receiving notice that an event or circumstance occurred which results in an accelerated parole eligibility date, provide notice pursuant to 10A:71-3.8 of the inmate's eligibility for parole consideration and provide notice pursuant to 10A:71-3.7 to the chief executive officer of the institution of incarceration to initiate the preparation of a pre-parole report. The notice to the chief executive officer shall include the accelerated parole eligibility date of the inmate.

(c) It shall be the responsibility of the chief executive officer of the institution to file a report concerning an inmate with an accelerated parole eligibility date with the appropriate Board panel within 30 days of receipt of the notice provided pursuant to (b) above. If the report is not filed within the 30 day time period, the chief executive officer shall state the reasons therefor in writing and provide such statement in the report when the report is filed.

(d) Upon the receipt of a pre-parole report required pursuant to 10A:71-3.7 and upon confirmation by the Board staff that the pre-parole report is complete, the Chairperson shall have a case review or initial parole hearing, as appropriate, scheduled to be conducted by a hearing officer. Such case review or initial parole hearing shall be conducted within 14 days of a complete pre-parole report being received.

(e) If at the conclusion of the case review or initial parole hearing the hearing officer recommends that the inmate be released on parole, the review of the recommendation as required by 10A:71-3.1 6 shall occur within 14 days of the date of the case review or initial parole hearing.

(f) If at the conclusion of the case review or initial parole hearing the hearing officer refers the case to the appropriate Board panel or if the Board members upon review of the recommendation by the hearing officer that the inmate be released on parole do not concur with the recommendation of the hearing officer, the Chairperson shall have a Board panel hearing scheduled to be conducted within 14 days of the date of the case review or initial parole hearing or within 14 days of the date the Board members did not concur in the recommendation of parole release, as appropriate.

(g) Upon conclusion of the Board panel hearing, the Board members shall comply with the provisions of 10A:71-3.1 8.

(h) A Board panel hearing shall be held not more than 120 days from the date the Board received notice that an event or circumstance occurred which results in an accelerated parole eligibility date.

N.J. Admin. Code § 10A:71-3.18A

New Rule, R.2002 d.175, effective 6/3/2002.
See: 34 New Jersey Register 359(a), 34 New Jersey Register 1918(b).