N.J. Admin. Code § 10A:71-5.6

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

Section 10A:71-5.6 - Parole rescission hearing; scheduling

(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, due to circumstances of an institutional infraction committed by such inmate and/or due to circumstances of the inmate's case that were not previously considered, there is good cause for the Board or the appropriate Board panel to reconsider the prior determination certifying parole release.

(c) Upon the initiation of the rescission hearing process, the parole release date shall be suspended for a period of not more than 60 days, and within said time period, a rescission hearing shall be conducted unless the inmate requests a postponement of the rescission hearing.

(d) If the inmate requests a postponement of the rescission hearing, the postponement shall be granted by the Board, the appropriate Board panel or the hearing officer. Such request shall be made in writing and shall be made a part of the inmate's case record.

(e) A rescission hearing may be conducted by videoconferencing. A record of the hearing shall be made pursuant to 10A:71-5.8(a).

N.J. Admin. Code § 10A:71-5.6

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Subsections (c) and (d) added.
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
Rewrote (a); in (b), substituted "that" for "which" and inserted "Board or the appropriate"; in (d), inserted "Board, the appropriate Board panel or the" and deleted "or Board panel" from the end of the first sentence; and added (e).