N.J. Admin. Code § 10A:9-8.4
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10A:9-8.4 - Reviews of inmates housed at the Adult Diagnostic and Treatment Center (A.D.T.C.)(a) The Administrator or designee of the A.D.T.C. shall ensure a report is submitted in writing at least twice per year to the Special Classification Review Board (S.C.R.B.) concerning the physical and psychological condition of each inmate eligible for parole consideration.(b) The Administrator or designee shall ensure the report includes a recommendation as to whether the inmate should continue to be confined or should be considered for release on parole.(c) An inmate with a judicially imposed period of parole ineligibility shall not appear before the S.C.R.B. until the inmate's period of parole ineligibility has been served, except for inmates who have made exceptional progress as determined by the mental health staff.(d) An inmate shall receive an in-person interview with the S.C.R.B. upon completion of one-fourth of the inmate's sentence without regard to applicable credits, unless the inmate has a judicially imposed period of parole ineligibility with the exception of those inmates who have made exceptional progress as determined by the mental health staff.(e) The Administrator shall recommend whether an inmate other than those in (c) and (d) above shall have an in-person or non in-person review by the S.C.R.B.(f) During in-person reviews, the inmate appearing before the S.C.R.B. shall be afforded the opportunity to present any matter which he or she believes is related to his or her possible parole. S.C.R.B. members may question the inmate regarding: 2. Record of adjustment to incarceration;3. Progress in therapy; or4. Any matter which the S.C.R.B. members think is relevant.(g) During non in-person reviews, the inmate does not appear before the S.C.R.B. The S.C.R.B. shall review all documents provided pursuant to (i) below.(h) The following shall apply to all reviews:1. The Board shall not be bound by judicial rules of evidence;2. Attorneys shall not be permitted to appear before the S.C.R.B. at meetings;3. Letters from attorneys, relatives or other interested persons shall be considered and, if relevant, may be made part of the record;4. Other observers may be permitted by the Chairperson to attend, with the approval of the Administrator.(i) In preparation for each in-person review, the Coordinator shall provide the S.C.R.B. members with copies of the following:1. Report of the primary therapist, which shall include a summary of the inmate's overall adjustment and progress in therapy;2. Staff recommendations;3. Chronological semiannual reviews;5. Presentence report; andN.J. Admin. Code § 10A:9-8.4
Amended by R.1997 d.122, effective 3/17/1997.
See: 29 New Jersey Register 80(b), 29 New Jersey Register 880(a).
Inserted new (c) and (d); recodified former (c) through (g) as (e) through (i); in (e), substituted "recommend whether an inmate other than those in (c) and (d) above" for "also recommend whether the inmate" and deleted provision that generally only inmates recommended for parole receive an in-person review; in (i), substituted reference to in-person review for reference to review; inserted (i)6; and deleted former (h), relating to materials to be provided for in-person reviews.
Administrative correction.
See: 31 New Jersey Register 4268(b).
Amended by R.2002 d.190, effective 6/17/2002.
See: 34 New Jersey Register 1082(a), 34 New Jersey Register 2030(a).
Substituted "Administrator" for "Superintendent" throughout; in (a), deleted "Adult Diagnostic and Treatment Center" preceding "A.D.T.C."; in (h), deleted 4 and recodified former 5 as 4 and inserted "by the Chairperson" following "permitted" in new 4; in (i)1, substituted "in" for "of" preceding "therapy".
Amended by R.2007 d.42, effective 2/5/2007.
See: 38 N.J.R. 4389(a), 39 N.J.R. 489(a).
In (a), inserted "or designee", "ensure a", and "is submitted"; and in (b), inserted "or designee" and substituted "ensure the report includes" for "include in each report".