PAROLE ELIGIBILITY HEARINGS IN THE STATE OF NEW JERSEY

Absent special circumstances, an inmate committed to a state prison term in New Jersey becomes parole eligible after serving one-third of his sentence less credits for good behavior and work assignments.

There is a presumption in the law that concludes that an inmate will have satisfied the punitive component of a sentence when his/her parole eligibility date arrives.. The principle is based on a recognition that punishment is a function of the sentencing judge as authorized by the sentencing statute. Thus, an adult inmate should be released on his/her parole eligibility unless it can be shown by a preponderance of evidence that the inmate has failed to cooperated with his/her rehabilitation or that there is a reasonable expectation the inmate will violate a condition of parole if released. The evidential sources for an analysis of these two limited issues are the report required Pre- Parole Report or information produced at the parole hearing.

The Pre-Parole Report "shall be filed with the appropriate panel" no more than 180 days prior to the inmate's parole eligibility date, but no less than 120 days prior to that date. The report must contain a whole host of information including: (1) a history of civil commitments; (2) disposition of suspended charges; (3) acquittals by reason of insanity; (4) the inmate's conduct while in confinement with a special elaboration on his/her social and physical condition; (5) the inmate's parole plan; and, (6) information that relates to the inmate's likelihood to commit a crime under the laws of this state if released." The inmate is entitled to a copy of the Pre- Parole Report at the same time that the board panel received its copy. Within 15 days of its receipt, the inmate may respond to the report with a statement or other written information.

Prior to the inmate's parole eligibility date, a hearing officer should be appointed. If the hearing officer
determines there is a basis to deny parole he /she shall notify "the Board and the inmate of his/her decision and the date for a parole consideration hearing which shall be conducted by the appropriate board panel at least 30 days prior to the eligibility date." The hearing officers decision at the parole hearing must be "based solely on the evidence presented at the hearing which shall be electronically recorded." At this hearing, all evidence to be used with a limited exemption, shall be disclosed to the inmate. The inmate can produce his/her own evidence or rebut the government's evidence.

The factors to be used for the purposes of determining whether an inmate should be paroled are defined by the New Jersey's Administrative Code. There are twenty-three separate non-exclusive factors. Various other factors that may be considered if deemed relevant. While all twenty-three factors do not need to be considered in analyzing parole eligibility, if a factor is relevant to the case, it must be considered.

While many inmates attempt to present their cases at their parole hearing, that decision can prove to be a serious mistake. As you can see, the process is rather complex and as a result, an experienced lawyer should be consulted well in advance of the inmate's parole eligibility date.