N.J. Admin. Code § 10A:71-3.53

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:71-3.53 - Compassionate release

(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.S.A. 30:4-123.59.

(c) An inmate granted compassionate release shall be subject to sanctions for a violation of a condition of compassionate release as if on parole, as provided at N.J.S.A. 30:4-123.60 through 30:4123.65.

(d) Whenever an inmate is to be considered for compassionate release by a court pursuant to N.J.S.A. 30:4-123.51e, the Board shall ensure, as a condition precedent to compassionate release, that the release plan of the inmate includes:

1. Identification of a community sponsor or supportive service (hospital, hospice, or nursing home facility);

2. Verification of the availability of appropriate medical services sufficient to meet the treatment requirements identified in the medical diagnosis prepared by the Department and utilized to determine the inmate's eligibility for compassionate release; and

3. Verification of appropriate housing, which may include, but need not be limited to, a hospital, hospice, nursing home facility, or other housing accommodation suitable to the inmate's medical condition, disease or syndrome, or permanent physical incapacity.

(e) Upon the Board receiving notification from the court that an inmate is to be considered for compassionate release, the Division of Parole shall proceed to develop, on an expedited basis, a release plan for the inmate that addresses the requirements identified at (d) above.

(f) Upon the Division of Parole completing the inmate's release plan, the Board shall provide a copy of the release plan and any other relevant information to the court.

(g) Upon the Board receiving notification from the court that an inmate has been granted compassionate release, the Board shall issue a written certificate, which shall be delivered to and signed by the inmate. Such certificate shall include all general and special conditions of supervision.

(h) In addition to the conditions established pursuant to N.J.S.A. 30:4-123.59 and N.J.A.C. 10A:71-6.4(a), as a condition of compassionate release, the Board may require an inmate to submit to periodic medical diagnoses by a licensed physician.

(i) If, after review of a medical diagnosis required pursuant to (h) above, the Board determines that a parolee granted compassionate release is no longer so debilitated or incapacitated by a terminal condition, disease or syndrome, or permanent physical incapacity as to be physically incapable of committing a crime or, in the case of a permanent physical incapacity, the parolee poses a threat to public safety, the Board shall so notify the prosecutor, who may initiate proceedings to return the inmate to confinement in an appropriate facility designated by the Commissioner.

(j) Pursuant to N.J.S.A. 30:4-123.51e.j, there is no limitation on the authority of the Board, an appropriate Board panel, or any parole officer to address a violation of a condition of parole pursuant to N.J.S.A. 30:4-123.60 through 30:4-123.65 and N.J.A.C. 10A:71-7.

(k) The denial of a petition for compassionate release or the return of a parolee to confinement pursuant to (i) or (j) above shall not preclude an inmate from being eligible for parole consideration pursuant to N.J.S.A. 30:4-123.51.a.

N.J. Admin. Code § 10A:71-3.53

Amended by 50 N.J.R. 1533(a), effective 7/16/2018

Amended by 54 N.J.R. 1728(a), effective 9/6/2022