New Jersey § 30:4-123

§ 30:4-123.

a. The board shall develop a schedule of future parole eligibility dates for adult

inmates denied release at their eligibility date. In developing such schedule, particular emphasis shall be placed on the severity

of the offense for which he was denied parole and on the characteristics of the offender,

such as, but not limited to, the prior criminal record of the inmate and the need

for continued incapacitation of the inmate . b. If the release on the eligibility date is denied, the board panel which conducted

the hearing shall refer to the schedule published pursuant to subsection a., and include

in its statement denying parole notice of the date of future parole consideration. If such date differs from the date otherwise established by the schedule, the board

panel shall include particular reasons therefor . The future parole eligibility date shall not be altered to take into account remissions

of sentence for good behavior and diligent application to work and other assignments;

provided however, the future parole eligibility date may be altered pursuant to section

8 of P.L.1979, c. 441 ( C.30:4-123.52 ). c. An inmate shall be released on parole on the new parole eligibility date unless

information filed pursuant to a procedure identical to that set forth in section 10

of P.L.1979, c. 441 ( C.30:4-123.54 ) indicates by a preponderance of the evidence that the inmate has failed to cooperate

in his or her own rehabilitation or that there is a reasonable expectation that the

inmate will violate conditions of parole imposed pursuant to section 15 of P. L.1979,

c. 441 ( C.30:4-123.59 ) if released on parole at that time. The determination of whether the inmate shall be released on the new parole eligibility

date shall be made pursuant to the procedure set forth in section 11 of P.L.1979,

c. 441 ( C.30:4-123.55 ) and this section. For the purposes of this subsection, “ failed to cooperate in his or her own rehabilitation ” shall include, in the case of an inmate who suffers from mental illness as defined

in section 2 of P.L.1987, c. 116 ( C.30:4-27.2 ) that does not require institutionalization, that the inmate failed to fully participate

in or cooperate with all prescribed treatment offered during incarceration.