N.J. Admin. Code § 10A:71-7.11

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

Section 10A:71-7.11 - Board panel action pending revocation hearing

(a) The appropriate Board panel shall review the hearing officer's hearing summary and any written exceptions within 15 days of the date of the preliminary hearing. After consideration of the hearing summary and any written exceptions thereto, the Board panel shall determine whether probable cause exists to believe that the parolee has seriously or persistently violated conditions of his or her parole and whether revocation of parole is desirable. The Board panel members shall not receive or consider any ex parte communication. The parolee's case shall be decided on the basis of the established record.

1. If probable cause does not exist, the Board panel shall authorize the release of the parolee, if in custody, and may modify the conditions of parole or establish appropriate special parole conditions.

2. If probable cause does exist, the parolee shall be continued in custody or taken into custody only where, in the opinion of the Board panel, the parolee represents a danger to public safety or where the parolee may not appear at the revocation hearing.

(b) Within 21 days of the preliminary hearing, the appropriate Board panel shall issue a written Notice of Decision to the parolee and the parolee's attorney (if the parolee was represented by an attorney), the District Parole Supervisor, and the Department.

(c) Such Notice of Decision shall consist of:

1. The decision of the Board panel; and

2. The particular reasons for the decision and the facts relied upon, except information classified as confidential pursuant to N.J.A.C. 10A:71-2.2.

N.J. Admin. Code § 10A:71-7.11

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
(a) added "upon review"; (b) added "the parolee's attorney".
Amended by R.1999 d.252, effective 8/2/1999.
See: 31 New Jersey Register 1140(a), 31 New Jersey Register 2218(a).
In (a), added a new first sentence.

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