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16 TERRY ORR v. NEW JERSEY STATE PAROLE BOARD -- rank: 698

... circumstances of Cameron's case, and a recent statutory amendment, N.J.S.A. 30:4-123.56, to be inapplicable to Orr. Also in December, Orr ... be allowed to enter into a "Parole Contract," pursuant to N.J.S.A. 30:4-123.67. On January 24, 2011, the Board advised Orr that ... SEVENTY-TWO]-MONTH PAROLE FUTURE ELIGIBILITY TERM IN LIGHT OF N.J.S.A. 30:4-123.56 AND REDUCING THE FUTURE ELIGIBILITY TERM TO THE MAXIMUM ... DECISION TO NOT ENTER INTO A PAROLE CONTRACT PURSUANT TO N.J.S.A. 30:4-123.67 WAS AN ARBITRARY, CAPRICIOUS AND UNREASONABLE DECISION AND MUST ... decision in Cameron , supra , and the 2009 legislative amendment to N.J.S.A. 30:4-123.56. In Cameron , we affirmed the Board's denial of ... t]his conclusion is reinforced by the 2009 amendment to N.J.S.A. 30:4-123.56(a), which now precludes the Parole Board from ...

docket:	a4943-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	24307

17 BASIM HOBSON v. NEW JERSEY STATE PAROLE BOARD -- rank: 694

... violated the conditions" of his release status, as required by N.J.S.A. 30:4-123.60(b) and N.J.S.A. 30:4-123.63(d). Accordingly, we reverse and vacate the revocation of ... provisions and conditions set by the appropriate [B]oard panel." N.J.S.A. 30:4-123.51b(a). That statute also gives the Board authority "to ... status "in accordance with the procedures and standards" codified in N.J.S.A. 30:4-123.59 through N.J.S.A. 30:4-123.65. N.J.S.A. 30:4-123.51b(a). The statutory standards referenced permit revocation only ...

docket:	a0681-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-29
status:	published
citation:	435 N.J.Super. 377 89 A.3d 208
Document Size:	36657

18 THOMAS TRANTINO, Appellant v. NEW JERSEY STATE PAROLE BOARD, Respondent. -- rank: 689

... of society.'" Trantino II , 154 N.J. at 26 (quoting N.J.S.A. 30:4-123.14 (repealed 1979)).     In the Parole Act of 1979, the ... eligibility, unless information supplied in the report filed pursuant to [ N.J.S.A. 30:4-123.54] or developed or produced at a hearing held pursuant to [ N.J.S.A. 30:4-123.55] indicates by a preponderance of the evidence that there ... of this State if released on parole at such time. [ N.J.S.A. 30:4-123.53a (amended 1997).] The same standard applies to subsequent eligibility determinations as well. N.J.S.A. 30:4-123.56c.     The effect of the 1979 Act was to preclude ... laws of this State if released on parole.'" Ibid. (quoting N.J.S.A. 30:4-123.56c (as amended 1997)).     The 1979 Act's standard ...

docket:	a6486-98
court:	njappellate
decided:	2000-06-09
status:	published
citation:	331 N.J.Super. 577
Document Size:	109431

19 APPROVED FOR PUBLICATION APPELLATE DIVISION v. F.W January 14, 2016 -- rank: 683

... violating two provisions of the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.94 (failure to comply with any SOMA monitoring requirement) and N.J.S.A. 30:4-123.95 (interfering with his SOMA-required electronic monitoring device). Defendant ... Board Chairman) adopted that recommendation on June 6, 2008. See N.J.S.A. 30:4-123.91(a). On June 23, 2008, defendant signed a notice ... In 2007, the Legislature enacted the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to -123.95, which in some cases requires and ... offense, and his status as a CSL or PSL parolee. N.J.S.A. 30:4-123.91(a) (defining "monitored subject"). On its face, the statute ... require GPS monitoring of all tier three sex offenders. See N.J.S.A. 30:4-123.91(a)(1). In addition, the statute gives the ...

docket:	a1635-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	published
citation:	443 N.J.Super. 476 129 A.3d 359
Document Size:	54537

20 THOMAS TRANTINO VS NEW JERSEY STATE PAROLE BOARD -- rank: 681

... after twenty-five years less commutation time and work credits. N.J.S.A. 30:4-123.11 (repealed).     This appeal deals principally with the Parole Board ... light of the adoption of the Parole Act of 1979, N.J.S.A. 30:4-123.45 et seq. , L. 1979, c. 441, § 1 et seq ... was to be computed pursuant to the 1948 Parole Act, N.J.S.A. 30:4-123.1 et seq. (repealed), which was in effect at the time of the murders committed by Trantino. See N.J.S.A. 30:4-123.51(j).     In Trantino Parole Application , supra , the Court analyzed ... N.J.S.A. 2C:43-6, 2C:43-7; N.J.S.A. 30:4-123.51. Under Title 2C, the judicial determination embodies the punitive ... for purposes of parole consideration relating to Title 2A offenders. N.J.S.A. 30:4-123.11 (repealed). According to the Court:         Thus, for an ...

docket:	a4790-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 437
Document Size:	128565

21 THOMAS TRANTINO VS NEW JERSEY STATE PAROLE BOARD -- rank: 681

... after twenty-five years less commutation time and work credits. N.J.S.A. 30:4-123.11 (repealed).     This appeal deals principally with the Parole Board ... light of the adoption of the Parole Act of 1979, N.J.S.A. 30:4-123.45 et seq. , L. 1979, c. 441, § 1 et seq ... was to be computed pursuant to the 1948 Parole Act, N.J.S.A. 30:4-123.1 et seq. (repealed), which was in effect at the time of the murders committed by Trantino. See N.J.S.A. 30:4-123.51(j).     In Trantino Parole Application , supra , the Court analyzed ... N.J.S.A. 2C:43-6, 2C:43-7; N.J.S.A. 30:4-123.51. Under Title 2C, the judicial determination embodies the punitive ... for purposes of parole consideration relating to Title 2A offenders. N.J.S.A. 30:4-123.11 (repealed). According to the Court:         Thus, for an ...

docket:	a4788-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 437
Document Size:	128583

22 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 668

... parole supervision for life or condition of discharge has occurred. [ N.J.S.A. 30:4-123.88 (emphasis added).] In connection with this polygraph initiative and ... be established. [ L. 2007, c. 128 (emphasis added); see also N.J.S.A. 30:4-123.90.] The Parole Board then undertook to develop procedures and regulations to implement the polygraph testing authorized in N.J.S.A. 30:4-123.88. See N.J.A.C. 10A:71-6.11 ... J.A.C. 10A:71-6.13 (Polygraph examinations) codified N.J.S.A. 30:4-123.88, which was enacted effective August 11, 2005. As the ... the Parole Board subsequently issued a rule amendment, consistent with N.J.S.A. 30:4-123.88, to clarify the discretionary nature of its polygraph testing ... 6.13. That regulation, in turn, tracked the enabling statute, N.J.S.A. 30:4-123.88, almost verbatim, and read: (a) Pursuant to N. ...

docket:	a3256-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	unpublished
citation:
Document Size:	109194

23 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 668

... parole supervision for life or condition of discharge has occurred. [ N.J.S.A. 30:4-123.88 (emphasis added).] In connection with this polygraph initiative and ... be established. [ L. 2007, c. 128 (emphasis added); see also N.J.S.A. 30:4-123.90.] The Parole Board then undertook to develop procedures and regulations to implement the polygraph testing authorized in N.J.S.A. 30:4-123.88. See N.J.A.C. 10A:71-6.11 ... J.A.C. 10A:71-6.13 (Polygraph examinations) codified N.J.S.A. 30:4-123.88, which was enacted effective August 11, 2005. As the ... the Parole Board subsequently issued a rule amendment, consistent with N.J.S.A. 30:4-123.88, to clarify the discretionary nature of its polygraph testing ... 6.13. That regulation, in turn, tracked the enabling statute, N.J.S.A. 30:4-123.88, almost verbatim, and read: (a) Pursuant to N. ...

docket:	a2138-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

24 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 668

... parole supervision for life or condition of discharge has occurred. [ N.J.S.A. 30:4-123.88 (emphasis added).] In connection with this polygraph initiative and ... be established. [ L. 2007, c. 128 (emphasis added); see also N.J.S.A. 30:4-123.90.] The Parole Board then undertook to develop procedures and regulations to implement the polygraph testing authorized in N.J.S.A. 30:4-123.88. See N.J.A.C. 10A:71-6.11 ... J.A.C. 10A:71-6.13 (Polygraph examinations) codified N.J.S.A. 30:4-123.88, which was enacted effective August 11, 2005. As the ... the Parole Board subsequently issued a rule amendment, consistent with N.J.S.A. 30:4-123.88, to clarify the discretionary nature of its polygraph testing ... 6.13. That regulation, in turn, tracked the enabling statute, N.J.S.A. 30:4-123.88, almost verbatim, and read: (a) Pursuant to N. ...

docket:	a1459-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:	433 N.J.Super. 327 79 A.3d 467
Document Size:	109382

25 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 668

... parole supervision for life or condition of discharge has occurred. [ N.J.S.A. 30:4-123.88 (emphasis added).] In connection with this polygraph initiative and ... be established. [ L. 2007, c. 128 (emphasis added); see also N.J.S.A. 30:4-123.90.] The Parole Board then undertook to develop procedures and regulations to implement the polygraph testing authorized in N.J.S.A. 30:4-123.88. See N.J.A.C. 10A:71-6.11 ... J.A.C. 10A:71-6.13 (Polygraph examinations) codified N.J.S.A. 30:4-123.88, which was enacted effective August 11, 2005. As the ... the Parole Board subsequently issued a rule amendment, consistent with N.J.S.A. 30:4-123.88, to clarify the discretionary nature of its polygraph testing ... 6.13. That regulation, in turn, tracked the enabling statute, N.J.S.A. 30:4-123.88, almost verbatim, and read: (a) Pursuant to N. ...

docket:	a2448-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

26 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 665

... parole supervision for life or condition of discharge has occurred . [ N.J.S.A. 30:4-123.88 (emphasis added).] As part of this polygraph initiative and ... be established. [ L. 2007, c. 128 (emphasis added); see also N.J.S.A. 30:4-123.90.] The Parole Board's Development of Polygraph Testing Procedures ... regulations to implement the polygraph testing the Legislature authorized in N.J.S.A. 30:4-123.88. See N.J.A.C. 10A:71-6.11 ... J.A.C. 10A:71-6.13 (Polygraph examinations) codified N.J.S.A. 30:4-123.88, [a statute] which was enacted effective August 11, 2005 ... the Parole Board subsequently issued a rule amendment. Consistent with N.J.S.A. 30:4-123.88, the amendment clarified the discretionary nature of its polygraph ... 6.13. That regulation, in turn, tracks the enabling statute, N.J.S.A. 30:4-123.88, almost verbatim, and reads: . . . [T] he Board, on ...

docket:	a5435-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	146189

27 J.I. v. New Jersey State Parole Board -- rank: 665

... See N.J.S.A. 2C:43-6.4(b); N.J.S.A. 30:4-123.59(b)(1); see also Pazen v. N.J. State ... J. Super. 356, 367 (App. Div. 2005) (noting, in construing N.J.S.A. 30:4-123.59(b), “federal decisions . . . have rejected special conditions of ... CSL offender at the time of his release from custody. N.J.S.A. 30:4-123.59(b); see also N.J.A.C. 10A:71 ... parolee comply with the Internet access conditions set forth in [ N.J.S.A. 30:4-123.59(b)(2)].” N.J.S.A. 30:4-123.59(b)(1); see also N.J.S.A. 2C ... of the parolee or information provided by a victim.” N.J.S.A. 30:4-123.59(b)(1). Requiring that a CSL offender’s ...

docket:	a-29-15
court:	New Jersey Supreme Court
decided:	2017-03-21
status:
citation:
Document Size:	131548

28 WILLIE WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 657

... S RELEASE. C. APPELLANT HAD AN EXPECTATION OF RELEASE UNDER N.J.S.A. 30:4-123.56c, BUT HE WAS DENIED RELEASE BECAUSE THE RETROACTIVE AMENDMENTS ... DETERMINING EXTENT OF PUNISHMENT IS DOUBLE JEOPARDY. B. THE AMENDED N.J.S.A. 30:4-123.56c ALLOWING THE RESPONDENT TO DENY APPELLANT PAROLE BY CONSIDERING ... BOARD ARBITRARILY DENIED APPELLANT PAROLE BECAUSE IT APPLIED THE AMENDED N.J.S.A. 30:4-123.56c STANDARD OF ANY INFORMATION INSTEAD OF THE GREENHOLTZ V ... and 1981, the governing standard, as then set forth in N.J.S.A. 30:4-123.53a (1979) (amended 1997), required his release on parole unless ... information generated after his 2008 parole hearing. Prior to 1997, N.J.S.A. 30:4-123.56c, governing the criteria for granting parole after an initial ... time[.] [ L. 1979, c. 441, § 12, then codified at N.J.S.A. 30:4-123.56c (emphasis added).] In 1997, the Legislature adopted various ...

docket:	a2126-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-07
status:	Published
citation:
Document Size:	41166

29 J.B. v. New Jersey State Parole Board -- rank: 657

... buttress the parolees’ Fifth Amendment right against self-incrimination. 1. N.J.S.A. 30:4-123.88 provides that “[t]he State Parole Board . . . may ... requirements of the monitoring program is a third-degree crime. N.J.S.A. 30:4-123.94. (pp 12-13) 2. The Parole Board adopted regulations ... and cooperate with the examination” constitutes a third-degree crime, N.J.S.A. 30:4-123.94, the current disclosures create a situation in which the ... Offender Monitoring Pilot Project Act (Pilot Project Act) in 2005, N.J.S.A. 30:4-123.80 to -123.88, which authorized the use of polygraph ... in 2007 and replaced with the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to -123.99, the polygraph provision was left in ... parole supervision for life or condition of discharge has occurred. [ N.J.S.A. 30:4-123.88.] Non-compliance with the requirements of the monitoring ...

docket:	A-81-15
court:	NJ Supreme Court
decided:	2017-05-08
status:
citation:	229 N.J. 21 159 A.3d 1267
Document Size:	120348

30 An Order to Show Cause to Address the Release of Certain Individuals Serving Sentences in State Prisons and Juvenile Facilities -- rank: 657

... empowered the Parole Board to make decisions about parole, see N.J.S.A. 30:4-123.45 to -123.76, and gave the Commissioner authority to ... Board, a division of the DOC, oversees the parole process. N.J.S.A. 30:4-123.47(a), -123.48. Consistent with that statutory authority, Executive ... See Morrissey v. Brewer, 408 U.S. 471, 482 (1972); N.J.S.A. 30:4-123.45 to -123.76. Although not a perfect match -- particularly ... analysis focused on two parts of the Parole Act: (1) N.J.S.A. 30:4-123.51(j), which outlined when inmates “shall become primarily ... their sentences would “not have been fulfilled”; and (2) N.J.S.A. 30:4-123.53(a) (1983), which stated that inmates “shall be ... such time.” This Court observed that the language in N.J.S.A. 30:4-123.53(a) -- “shall be released . . . unless” -- “parallel[ ...

docket:	m-1093-19
court:	NJ Supreme Court
decided:	2020-06-05
status:
citation:
Document Size:	87025