N.J. Admin. Code § 10A:71-5.8

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

Section 10A:71-5.8 - Parole rescission hearing; notice of decision

(a) The Board, Board panel or hearing officer shall record the rescission hearing by an electronic recording device. If the electronic recording device is not operational the hearing shall proceed only upon the inmate waiving the electronic recording of the hearing. The waiver shall be in writing and signed by the inmate and shall be made a part of the inmate's records. If the inmate does not wish to proceed without the electronic recording of the hearing, the hearing shall be rescheduled within 14 days.

(b) If the rescission hearing is conducted by a hearing officer, the hearing officer shall prepare a written summary of the rescission hearing.

1. Such hearing summary shall be forwarded to the Board or appropriate Board panel, and a copy of the summary shall be forwarded to the inmate, in order that the inmate may object or comment on the hearing summary by submitting written exceptions to the hearing summary. Such exceptions shall be forwarded to the Board, or Board panel, within 14 days after the receipt of the hearing summary. The provisions of N.J.A.C. 10A:71-2.2shall be applicable to any hearing summary provided to the inmate.

2. Within 14 days after the receipt of the hearing summary and the written exceptions thereto, the Board or Board panel shall render a final decision as to rescission of parole.

3. The Board members shall not receive or consider any ex parte communications. The inmate's case shall be decided on the basis of the established record.

(c) The Board, or Board panel, shall notify the inmate and the Department in writing of its decision as to rescission of parole within 21 days after the disposition of the case.

(d) If the Board or Board panel rescinds parole, the written decision shall include in the case of an adult or young adult inmate any future parole eligibility date established pursuant to 10A:71-3.2 1.

N.J. Admin. Code § 10A:71-5.8

Amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c), 22 N.J.R. 825(a).
Cite change at (d).
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 N.J.R. 4150(a), 27 N.J.R. 686(b).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 N.J.R. 3870(a), 29 N.J.R. 1318(a).
In (c), inserted reference to Commission; and in (d), inserted "in the case of an adult or young adult inmate".
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In (a), inserted "Board,"; in (b)1, (b)2, (c) and (d), inserted "Board or"; and in (b)3, deleted "panel" following "Board".
Amended by R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a).
In (b)1, updated the N.J.A.C. reference.

Amended by 53 N.J.R. 1383(b), effective 8/16/2021