New Jersey § 30:4-123

§ 30:4-123.

a. Prior to the parole eligibility date of each adult inmate, a designated hearing

officer shall review the reports required by section 10 of P.L.1979, c. 441 ( C.30:4-123.54 ), and shall determine whether : (1) the inmate is eligible for administrative parole release pursuant to section 4

of P.L.2019, c. 364 ( C.30:4-123.55d ). If an inmate is eligible for administrative parole release, the hearing officer

shall at least 60 days prior to the inmate's parole eligibility date recommend in

writing to the assigned member of the board panel that administrative parole release

be granted pursuant to section 4 of P.L.2019, c. 364 ( C.30:4-123.55d ); or (2) there is a basis for denial of parole in the preparole report, any risk assessment

prepared in accordance with the provisions of subsection e. of section 8 of P.L.1979,

c. 441 ( C.30:4-123.52 ), or the inmate's statement, or an indication, reduced to writing, that additional

information providing a basis for denial of parole would be developed or produced

at a hearing. If the hearing officer determines that there is no basis in the preparole report,

the risk assessment, or the inmate's statement for denial of parole and that there

is no additional relevant information to be developed or produced at a hearing, he

shall at least 60 days prior to the inmate's parole eligibility date recommend in

writing to the assigned member of the board panel that parole release be granted. b. If the assigned member of the board panel or in the case of an inmate sentenced

to a county penal institution, the assigned member concurs in the hearing officer's

recommendation, he shall certify parole release pursuant to section 15 of P.L.1979,

c. 441 ( C.30:4-123.59 ) as soon as practicable after the eligibility date and so notify the inmate and the

board. In the case of an inmate recommended for administrative parole release by the hearing

officer pursuant to section 4 of P.L.2019, c. 364 ( C.30:4-123.55d ), the assigned member shall review the reports required by section 10 of P.L.1979,

c. 441 ( C.30:4-123.54 ) to confirm eligibility and if the inmate is eligible, shall certify parole release

pursuant to section 15 of P.L.1979, c. 441 ( C.30:4-123.59 ) as soon as practicable after the eligibility date and notify the inmate and the

board. In the case of an inmate sentenced to a county penal institution the board shall

certify parole release or deny parole as provided by this section, except with regard

to time periods for notice and parole processing which are authorized by or otherwise

adopted pursuant to subsection g. of section 7 of P.L.1979, c. 441 ( C.30:4-123.51 ). If the designated hearing officer does not recommend release on parole or if the

assigned member does not concur in a recommendation of the designated hearing officer

in favor of release, then the parole release of an inmate in a county penal institution

shall be treated under the provisions of law otherwise applicable to an adult inmate. In the case of an inmate sentenced to a county penal institution, the performance

of public service for the remainder of the term of the sentence shall be a required

condition of parole, where appropriate. c. If the hearing officer or the assigned member determines that there is a basis

for denial of parole, or that a hearing is otherwise necessary, the hearing officer

or assigned member shall notify the appropriate board panel and the inmate in writing

of his determination, and of a date for a parole consideration hearing. The board panel shall notify the victim of the crime, if the crime for which the

inmate is incarcerated was a crime of the first or second degree, or the victim's

nearest relative if the crime was murder, as appropriate, who was previously contacted

by the board and who has indicated his intention to the board to testify at the hearing,

of the opportunity to testify or submit written or videotaped statements at the hearing. Said hearing shall be conducted by the appropriate board panel at least 30 days

prior to the eligibility date. At the hearing, which shall be informal, the board panel shall receive as evidence

any relevant and reliable documents or videotaped or in person testimony, including

that of the victim of the crime or the members of the family of a murder victim if

the victim or a family member so desires. If a victim of a crime or the relative of a murder victim chooses not to testify

personally at the hearing, the victim or relative may elect to present testimony to

a senior hearing officer designated by the board panel. The senior hearing officer shall notify the victim of the right to have this testimony

videotaped. The senior hearing officer shall prepare a report, transcript or videotape, if applicable,

of the testimony for presentation to the board panel at the hearing. All such evidence not classified as confidential pursuant to rules and regulations

of the board or the Department of Corrections shall be disclosed to the inmate and

the inmate shall be permitted to rebut such evidence and to present evidence on his

own behalf. The decision of the board panel shall be based solely on the evidence presented

at the hearing. d. At the conclusion of the parole consideration hearing, the board panel shall either

(1) certify the parole release of the inmate pursuant to section 15 of this act as

soon as practicable after the eligibility date and so notify the inmate and the board,

or (2) deny parole and file with the board within 30 days of the hearing a statement

setting forth the decision, the particular reasons therefor, except information classified

as confidential pursuant to rules and regulations of the board or the Department of

Corrections, a copy of which statement shall be served upon the inmate together with

notice of his right to appeal to the board. e. Upon request by the hearing officer or the inmate, the time limitations contained

in section 10 of P.L.1979, c. 441 ( C.30:4-123.54 ) and this section may be waived by the appropriate board panel for good cause. f. Notwithstanding the provision of any other law to the contrary, if an inmate incarcerated

for murder is recommended for parole by the assigned board member or the appropriate

board panel, parole shall not be certified until a majority of the full parole board,

after conducting a hearing, concurs in that recommendation. The board shall notify the victim's family of that hearing and family members shall

be afforded the opportunity to testify in person or to submit written or videotaped

statements. The provisions of this subsection shall not apply to an inmate who has his parole

revoked and is returned to custody pursuant to the provisions of section 19 of P.L.1979,

c. 441 ( C.30:4-123.63 ). g. Notwithstanding the provision of any other law or regulation to the contrary, the

board may promulgate rules and regulations for the processing of any inmate whose

parole eligibility date is accelerated. For purposes of this section, a parole eligibility date is accelerated when an inmate

becomes eligible for parole at the time of or within 120 days of an event or circumstance

beyond the control of the parole board, such as sentencing, resentencing or other

amendment, including the awarding of additional credit to the original sentence, restoration

of authorized institutional time credits or the application of authorized institutional

time credits on a future eligibility date established pursuant to subsection a. of

section 12 of P.L.1979, c. 441 ( C.30:4-123.56 ) or subsection a. of section 20 of P.L.1979, c. 441 ( C.30:4-123.64 ). The rules and regulations shall provide for the preparation and review of a preparole

report and shall require that a parole consideration hearing be held not more than

120 days after the board has received notice that an accelerated parole eligibility

date has been established.