N.J. Admin. Code § 13:96-4.3

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

Section 13:96-4.3 - Preliminary review; revocation hearing timelines; incarceration pending revocation proceedings

(a) When a juvenile parolee is taken into custody on a parole violation warrant, the Director, or his or her designee, shall immediately notify the Panel on-call.

1. No later than six hours following notification, the Panel shall undertake a preliminary review to determine whether there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole and whether there is objective and credible evidence that the juvenile parolee poses an immediate and substantial danger to public safety warranting incarceration pending revocation proceedings. The Panel shall prepare a written explanation to support its decision.

i. If the Panel determines there is no probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole, the juvenile parolee shall be immediately returned to the community under JP&TS supervision.

ii. If the Panel determines there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole, but that the juvenile parolee does not pose an immediate and substantial danger to public safety, the juvenile parolee shall be returned to the community under JP&TS supervision pending a revocation hearing. The Panel may impose, in writing, additional special conditions pending the revocation hearing. The Panel shall direct in writing that the warrant be withdrawn and refer the matter to the hearing officer, who shall conduct a revocation hearing within 21 days.

iii. If the Panel determines there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole and the Panel determines by objective and credible evidence that the juvenile parolee poses an immediate and substantial danger to public safety, the Panel shall order the juvenile parolee to be incarcerated in an appropriate JJC facility pending revocation proceedings. If the juvenile parolee is incarcerated pending revocation proceedings, the Panel shall immediately refer the matter to the hearing officer, who shall conduct a revocation hearing within 72 hours of the juvenile parolee's incarceration. Upon request of counsel for the juvenile parolee, the hearing officer shall adjourn the hearing for not more than 72 hours. Subsequent adjournments may be granted upon request of the juvenile parolee for good cause shown.

N.J. Admin. Code § 13:96-4.3

Administrative correction.
See: 40 N.J.R. 5245(a).

Recodified to 13:96-7.3 53 N.J.R. 2231(a), effective 12/20/2021