N.J. Admin. Code § 10A:71-3.38

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:71-3.38 - Purpose of parole hearing; county inmates

(a) In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing indicates by a preponderance of the evidence that there is a substantial likelihood that the inmate will commit a crime under the laws of this State if released on parole.

(b) In the case of an inmate serving a sentence for an offense committed on or after August 19, 1997, the Board panel shall determine whether evidence supplied in reports or developed or produced at the hearing 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 established pursuant to N.J.A.C. 10A:71-6.4(a) if released on parole.

New Rule, R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
Recodified from N.J.A.C. 10A:71-3.35, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).
Recodified from 10A:71-3.37 by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
Former section recodified to N.J.A.C. 10A:71-3.39.
Amended by R.1998 d.391, effective 8/3/1998.
See: 30 New Jersey Register 1176(a), 30 New Jersey Register 2920(a).
In (a), added "In the case of an inmate serving a sentence for an offense committed prior to August 19, 1997," at the beginning; and added (b).