N.J. Admin. Code § 10A:71-1.1

Current through Register Vol. 56, No. 21, November 4, 2024
Section 10A:71-1.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Administrative parole release" shall mean the release of an adult inmate who has met the criteria set forth at N.J.A.C. 10A:71-3.22at the time of primary, or subsequent, parole eligibility. Administrative parole release occurs after a hearing officer reviews the pre-parole report and the inmate is certified for release by an assigned member of the Board panel. Administrative parole release shall not require a parole consideration hearing.

"Adult inmate" shall mean any person sentenced as an adult to a term of incarceration.

"Board" shall mean the New Jersey State Parole Board.

"Chief Executive Officer" shall mean any administrator, warden, superintendent or keeper of any county correctional facility or State correctional facility.

"Commissioner" shall mean the Commissioner of the New Jersey Department of Corrections.

"Consulting with" shall mean providing adequate notice, such as but not limited to an agenda, of proposed action, and an opportunity for input reasonably prior to any formal action by the New Jersey State Parole Board or its Chairperson.

"County correctional facilities" shall mean all institutions operated by county authorities to which offenders are committed under sentence as adults and shall include all jails and facilities where sentenced offenders may, from time to time, be housed.

"County inmate" shall mean an inmate who is:

1. Sentenced to serve a term of incarceration of 364 days or less or terms which, in the aggregate, do not exceed 364 days in a county jail facility; or
2. Sentenced to serve a term of incarceration not to exceed 18 months or terms which in aggregate, do not exceed 18 months in a county penitentiary or a workhouse.

"County Penitentiary/Workhouse" shall mean a county correctional facility designated by the Board of Chosen Freeholders to house offenders sentenced to terms of imprisonment not exceeding 18 months.

"Department" shall mean the New Jersey Department of Corrections.

"District parole supervisor" shall mean any district parole supervisor in the Division of Parole of the New Jersey State Parole Board.

"Division of Parole" shall mean the division within the State Parole Board responsible for the supervision of adult offenders released on parole by the State Parole Board from an adult correctional facility; the supervision of offenders who are serving a mandatory period of parole supervision pursuant to N.J.S.A. 2C:43-7.2(c); the supervision of offenders under parole supervision from other states who have been accepted under the terms of the Interstate Compact for Adult Offender Supervision; the supervision of offenders sentenced to community supervision for life; the supervision of offenders sentenced to parole supervision for life; and the supervision of certain Executive Clemency cases.

"Office of Interstate Services" shall mean the unit within the Division of Parole of the State Parole Board responsible for processing and monitoring applications for and performing duties related to the transfer of parole supervision of a parolee to an out-of-State jurisdiction.

"Parole officer" shall mean an officer assigned by the Chairperson of the State Parole Board, or his or her designee.

"Parolee" shall mean any inmate who is subject to the parole jurisdiction of the Board and who has been released on parole. "Parolee" shall also include an adult offender under supervision serving a term of mandatory parole supervision pursuant to N.J.S.A. 2C:43-7.2(c); an adult offender under supervision serving a special sentence of parole supervision for life; an adult offender who resides in New Jersey under the terms of Interstate Compact for Adult Offender Supervision; and an adult offender placed under supervision by reason of Executive Clemency.

"Prosecutor" shall mean the county prosecutor of the county in which the defendant was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" shall mean the Attorney General.

"Reentry plan" means a plan prepared by appropriate staff within the Department and the State Parole Board designed to prepare an inmate for successful integration as a productive, law-abiding citizen upon release from incarceration.

"State correctional facilities" shall mean all facilities of the New Jersey Department of Corrections as well as all places where those sentenced or committed to the custody of the Department of Corrections may, from time to time, be housed.

"Young adult inmate" shall mean any inmate sentenced to an indeterminate term at the Youth Correctional Complex or the Edna Mahan Correctional Facility for Women.

N.J. Admin. Code § 10A:71-1.1

Amended by 50 N.J.R. 1154(a), effective 4/16/2018
Amended by 53 N.J.R. 1383(b), effective 8/16/2021