New Jersey § 30:4-123

§ 30:4-123.

a. At least 120 days but not more than 180 days prior to the parole eligibility date

of each adult inmate, a report concerning the inmate shall be filed with the appropriate

board panel, by the staff members designated by the superintendent or other chief

executive officer of the institution in which the inmate is held. b. (1) The report filed pursuant to subsection a. shall contain preincarceration records

of the inmate, including any history of civil commitment, any disposition which arose

out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason

of insanity pursuant to N.J.S.2C:4-1 , state the conduct of the inmate during the current period of confinement, include

a complete report on the inmate's social and physical condition, include an investigation

by the Division of Parole of the inmate's parole plans, and present information bearing

upon the likelihood that the inmate will commit a crime under the laws of this State

if released on parole. The report shall also include a complete psychological evaluation of the inmate

in any case in which the inmate was convicted of a first or second degree crime involving

violence and: (a) the inmate has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6 ; or (b) the inmate has a prior conviction for murder pursuant to N.J.S.2C:11-3 , aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2 , kidnapping pursuant to N.J.S.2C:13-1 , endangering the welfare of a child which would constitute a crime of the second

degree pursuant to N.J.S.2C:24-4 , or stalking which would constitute a crime of the third degree pursuant to P.L.1992, c. 209 ( C.2C:12-10 ); or (c) the inmate has a prior diagnosis of psychosis. The inmate shall disclose any information concerning any history of civil commitment. The preincarceration records of the inmate contained in the report shall include any

psychological reports prepared in connection with any court proceedings. (2) At the time of sentencing, the prosecutor shall notify any victim injured as a

result of a crime of the first or second degree or the nearest relative of a murder

victim of the opportunity to present a written or videotaped statement for the parole

report to be considered at the parole hearing or to testify to the parole board concerning

his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention

to submit such a statement and to provide an appropriate mailing address. The report may include a written or videotaped statement concerning the continuing

nature and extent of any physical harm or psychological or emotional harm or trauma

suffered by the victim, the extent of any loss of earnings or ability to work suffered

by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an inmate is being considered for parole

pursuant to this section, the board shall also notify any victim or nearest relative

who has previously contacted the board of the availability to provide a written or

videotaped statement for inclusion in the parole report or to present testimony at

the parole hearing. The board shall notify the victim or relative at the victim's or relative's last known mailing address. (3) If the inmate meets the requirements for administrative parole release pursuant

to section 4 of P.L.2019, c. 364 ( C.30:4-123.55d ) the report shall indicate this eligibility. c. A copy of the report filed pursuant to subsection a. of this section, excepting

those documents which have been classified as confidential pursuant to rules and regulations

of the board or the Department of Corrections, shall be served on the inmate at the

time it is filed with the board panel. The inmate may file with the board panel a written statement regarding the report,

but shall do so within 105 days prior to the primary parole eligibility date. d. Upon receipt of the public notice pursuant to section 1 of P.L.1979, c. 441 ( C.30:4-123.45 ), a county prosecutor , a public defender, or a private attorney of record may request from the parole board a copy of the report on any adult inmate prepared

pursuant to subsection a. of this section, which shall be expeditiously forwarded

to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor has 10 working days to review the report

and notify the parole board of the prosecutor's comments, if any, or notify the parole

board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of

the prosecutor's intent to provide comments within the 10 working days, the parole

board may presume that the prosecutor does not wish to provide comments and may proceed

with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board

by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential

shall be maintained and shall not be disclosed to any person who is not authorized

to receive or review a copy of the report containing the confidential information. e. Any provision of this section to the contrary notwithstanding, the board shall

by rule or regulation modify the scope of the required reports and time periods for

rendering such reports with reference to county penal institutions. f. Notwithstanding any provision of this section, the board may modify the time periods

for submitting the reports required pursuant to this section in processing an inmate

whose parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.

441 ( C.30:4-123.55 ).