N.J. Admin. Code § 10A:71-3.22

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-3.22 - Administrative parole release

(a) Pursuant to N.J.S.A. 30:4-123.55.d, an adult inmate shall be administratively released on parole at the time of primary or subsequent parole eligibility provided that:

1. The inmate has not been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated at N.J.S.A. 2C:7-2.b, 2C:43-7.2.d, 2C:43-6.c or g, or 30:4-27.26;

2. The inmate has not committed any prohibited acts required to be reported to the prosecutor pursuant to regulations promulgated by the Commissioner during the current period of incarceration, and has not committed any serious disciplinary infraction, designated in rules promulgated by the Commissioner as a prohibited act that is considered to be the most serious, and results in the most severe sanctions, within the previous two years;

3. The inmate has completed relevant rehabilitation programs, as determined by the Department and the Board, available at the correctional facility or applied for, but was unable to complete, or was denied access to, these programs due to circumstances beyond the inmate's control including, but not limited to, capacity limitations or exclusionary policies of these programs; and

4. Crime victims have received notification as required by law.

(b) In the case of an inmate who meets the criteria set forth at (a) above, a hearing pursuant to N.J.A.C. 10A:71-3.17shall not be required.

(c) An inmate released on parole pursuant to (a) above shall, during the term of parole supervision, remain in the legal custody of the Commissioner, be supervised by the Division of Parole, and be subject to the provisions and conditions established by the appropriate Board panel.

(d) If the parolee violates a condition of parole, the parolee shall be subject to the provisions at N.J.S.A. 30:4-123.60 through 123.63 and N.J.A.C. 10A:71-7 and may have their parole revoked and be returned to custody. If revocation and return to custody are deemed appropriate, the appropriate Board panel shall revoke the parolee's release and return the parolee to custody and confinement pursuant to the provisions at N.J.S.A. 30:4-123.51.b.

(e) Denials of administrative parole release shall be appealable in accordance with the provisions at N.J.A.C. 10A:71-4.1(j) and 4.2.

N.J. Admin. Code § 10A:71-3.22

R.1980 d.488, effective 11/6/1980.
See: 12 N.J.R. 537(a), 12 N.J.R. 724(c).
Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
(b): "90 days" substituted for "6 months"; (c) substantially amended.
Amended by R.1988 d.336, effective 7/18/1988.
See: 19 N.J.R. 1396(b), 20 N.J.R. 1716(b).
Added tentative release.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 N.J.R. 3411(c), 22 N.J.R. 825(a).
Recodified from N.J.A.C. 10A:71-3.22; changed internal N.J.A.C. references.
Amended by R.2008 d.168, effective 6/16/2008.
See: 39 N.J.R. 5049(a), 40 N.J.R. 3726(b).
In (c), substituted "designated Board staff" for "the juvenile Board panel".

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