Search Rutgers Law Library N.J. Court Opinions

31 /usr/local/share/www/libweb/collections/courts/supreme/a2126-11.opn.html -- rank: 652

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	40868

32 M.R. VS. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 648

... eligibility for compassionate release under the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e.2 M.R. contends the DOC's decision was ... CRA repealed an existing medical parole statute, formerly codified at N.J.S.A. 30:4-123.51c, and replaced it 'with a streamlined process to apply ... would be required if the inmate is granted compassionate release. [N.J.S.A. 30:4-123.51e(b).] See also A.M., 252 N.J. at ... that an inmate has six months or less to live.' N.J.S.A. 30:4-123.51e(l); see also A.M., 252 N.J. at ... care, and did not exist at the time of sentencing.' N.J.S.A. 30:4-123.51e(l); see also A.M., 252 N.J. at ... 440. '[T]he term 'activities of basic daily living' in N.J.S.A. 30:4-123.51e(l) includes eating, mobility, bathing, dressing, using a ...

docket:	a2825-22
court:	appellate
decided:	2024-04-17
status:	Published
citation:
Document Size:	36281

33 SUNDIATA ACOLI v. NEW JERSEY STATE PAROLE BOARD -- rank: 646

... parole, did not participate in the full Board hearing. See N.J.S.A. 30:4-123.58(a) (stating that any Board member who participated in ... Supreme Court granted the Board's petition for certification, interpreted N.J.S.A. 30:4-123.55(f),3 and agreed with the Board that it ... Parole Board that collectively embodies unique and particular characteristics. Under N.J.S.A. 30:4-123.47(a), the Board consists of a chairperson, fourteen associate ... Senate, and selects them based on their qualifications. Ibid. (citing N.J.S.A. 30:4-123.47(a)). Indeed, the statute requires that they be 'qualified ... justice, juvenile justice or related branches of the social sciences.' N.J.S.A. 30:4-123.47(a). We expressly draw attention to the qualification-based ... now codified under Title 2C. The Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.79, governs Acoli's parole fitness, ...

docket:	a5645-16
court:	NJ Superior Court Appellate Division
decided:	2019-12-27
status:	Published
citation:
Document Size:	102400

34 WILFRED LEE HOLMES v. NEW JERSEY STATE PAROLE BOARD -- rank: 642

... that, if released on parole, appellant would commit another crime. N.J.S.A. 30:4-123.53(a). Accordingly, the Parole Board denied parole and established ... prescribes when an adult inmate becomes "primarily eligible for parole." N.J.S.A. 30:4-123.51(a). See generally , N.J.S.A. 30:4-123.49 to -123.69. It is presumed that, under New ... eligibility," unless information supplied in a report filed pursuant to N.J.S.A. 30:4-123.54 or developed or produced in a hearing held pursuant to N.J.S.A. 30:4-123.55, "indicates by a preponderance of the evidence that the ... the inmate will violate conditions of parole imposed pursuant to [ N.J.S.A. 30:4-123.59] if released on parole that time." N.J. ...

docket:	a1315-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-29
status:	unpublished
citation:
Document Size:	41061

35 SHIRIN STALLINGS v. NEW JERSEY STATE PAROLE BOARD -- rank: 639

... 2 the conditions' of her 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 vacate the revocation of Stallings' release ... 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 ... A. 30:4- - A-0037-18T2 7 123.59 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 on ... that the person 'has seriously or persistently violated the conditions,' N.J.S.A. 30:4-123.60(b) and N.J.S.A. 30:4- ...

docket:	a0037-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-11
status:	Unpublished
citation:
Document Size:	22293

36 Trantino v. New Jersey State Parole Board -- rank: 633

... by the Parole Act of 1979, L. 1979, c. 441, N.J.S.A. 30:4-123-45 to -69, is the source of law that governs ... after the death penalty was invalidated.     The 1979 Parole Act, N.J.S.A. 30:4-123.11 (repealed) (“Any prisoner serving a sentence of life shall ... commit a crime . . . if released on parole at such time.” N.J.S.A. 30:4-123-53. Accordingly, the critical and controlling question in this appeal ... no substantial likelihood [of future criminal conduct].” Id. Pursuant to N.J.S.A. 30:4-123.55b, the Board's Chairman affirmed the hearing officer's ...

docket:	a-136-99
court:	njsupreme
decided:	2001-01-18
status:
citation:	166 N.J. 113
Document Size:	293689

37 J.K. v. New Jersey State Parole Board -- rank: 631

... transfers of supervision of a parolee to another state, see N.J.S.A. 30:4-123.59(c), does not limit the Board’s authority to ... the Board’s enabling statute, the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.76. The Act “created and established within the Department of Corrections” the Board. N.J.S.A. 30:4-123.47(a). The Act grants broad authority to the Board ... be necessary for the proper discharge of its responsibilities.” N.J.S.A. 30:4-123.48(d). The responsibilities of the Board include imposing “specific conditions of parole.” N.J.S.A. 30:4-123.59(b)(1). 12 In describing the types of conditions ... Uniform Act for Out -of- State Parolee Supervision” (UAOPS). 4 N.J.S.A. 30:4-123.59(c). Read as a whole, the Parole Act ...

docket:	a-76-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	50039

38 STEPHEN D. PERRY v. NEW JERSEY STATE -- rank: 631

... parole eligibility because it retroactively applied the amended version of N.J.S.A. 30:4-123.56, which became effective in 1997. Accordingly, we reverse and ... imprisonment has a separate parole eligibility term and . . . pursuant to N.J.S.A. 30:4- 123.51(h), when an inmate is sentenced to more than ... a crime he committed prior to the 1997 amendment to N.J.S.A. 30:4-123.56, the Board improperly used the 1997 amendment standard when ... August 18, 1997, 'is governed by the standard[s] in N.J.S.A. 30:4-123.53(a) and 30:4- 123.56(c) prior to ... conditions of parole . . . if released on parole at that time.' N.J.S.A. 30:4-123.53(a). N.J.S.A. 30:4-123.51(h) states where 'an inmate is sentenced to ...

docket:	a1338-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Published
citation:	459 N.J.Super. 186 208 A.3d 439
Document Size:	28574

39 EUGENE BERTA v. NEW JERSEY STATE PAROLE BOARD -- rank: 626

... RELEASE, WHICH IT IS EMPOWERED TO DO. RETROACTIVE APPLICATION OF N.J.S.A. 30:4-123.55(F) TO REQUIRE A REMAND FOR A REHEARING WOULD ... State Parole Bd., 250 N.J. 431, 455 (2022); see N.J.S.A. 30:4-123.53 (1979). As the Court recently explained in Acoli, 'Likelihood ... certain degree of subjectivity. 8 Under the current version of N.J.S.A. 30:4-123.53, the Board may deny parole if it is shown ... the inmate will violate conditions of parole imposed pursuant to [N.J.S.A. 30:4-123.59] if released on parole at that time.' A-1889 ... discretion in failing to grant Acoli parole in accordance with N.J.S.A. 30:4-123.53 because its 'decision . . . [was] not supported by substantial evidence ... pursuant to a procedure identical to that set forth in [ N.J.S.A. 30:4- 123.54 (pre-parole report)] indicates by a preponderance of ...

docket:	a1889-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
status:	Published
citation:
Document Size:	107939

40 /usr/local/share/www/libweb/collections/courts/supreme/a4503-14.opn.html -- rank: 624

... State Prison , 81 N.J. 571 , 580 (1980). Pursuant to N.J.S.A. 30:4-123.60(b) , "[a]ny parolee who has seriously or persistently ... See State v. Schubert , 212 N.J. 295 , 314 (2012). N.J.S.A. 30:4-123.51b(c) also provides a parolee is "subject to the ... in accordance with the procedures and standards set forth in [ N.J.S.A. 30:4-123.59 to -.63 and -.65]." N.J.S.A. 30:4-123.51b(c). N.J.S.A. 30:4-123.51b(c) further states, "[i]f the parolee violates a ... 4(b), when read in conjunction with the Parole Act, N.J.S.A. 30:4-123.59(b), and the PSL statute and its regulations, ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
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Document Size:	52106

41 GREGORY HICKMAN v. NEW JERSEY STATE PAROLE BOARD -- rank: 622

... was revoked for "seriously" violating the "conditions" of his parole, N.J.S.A. 30:4-123.60; N.J.S.A. 30:4-123.63, and he was given a one-year future parole eligibility date, N.J.S.A. 30:4-123.64. That determination was made by a two-member panel ... to have representation, remain silent, confront witnesses and present evidence. N.J.S.A. 30:4-123.62d; N.J.A.C. 10A:71-7.7. For ... months after Hickman's arrest on the parole warrant. Cf. N.J.S.A. 30:4-123.62b-c (requiring a preliminary hearing to assess probable cause ... directly to a final hearing on revocation. In accordance with N.J.S.A. 30:4-123.63a, a hearing on the revocation of Hickman's ...

docket:	a0478-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-31
status:	unpublished
citation:
Document Size:	24520

42 IFE JAMES v. NEW JERSEY STATE PAROLE BOARD -- rank: 607

... 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 on ... that the person "has seriously or persistently violated the conditions," N.J.S.A. 30:4-123.60(b) and N.J.S.A. 30:4-123.63(d), or that the person has been "convicted ...

docket:	a1011-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-07
status:	unpublished
citation:
Document Size:	22491

43 MICHAEL WOOD v. NEW JERSEY STATE PAROLE BOARD -- rank: 607

... not violate Board policy. Wood's argument grafts language from N.J.S.A. 30:4-123.60(b) which provides: 'Any parolee who has seriously or ... The Legislature, however, provided a different standard for PSL parolees. N.J.S.A. 30:4-123.51b(c) provides: 'If the parolee violates a condition of ... P.L. 1979, c. 441 (C. 30:4-123.53). [N.J.S.A. 30:4-123.51b(a).] A-1692-18T1 5 That is, MS parole ... parolee 'seriously or persistently violated the conditions of his parole[.]' N.J.S.A. 30:4-123.60(b). In that our limited standard of review allows ...

docket:	a1692-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-07
status:	Unpublished
citation:
Document Size:	16869

44 H.R. v. THE NEW JERSEY STATE PAROLE BOARD -- rank: 596

... satellite-based monitoring under the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95. The trial court held that the ... on global positioning system (GPS) monitoring, as SOMA mandates. See N.J.S.A. 30:4-123.91(a)(1) (stating a ''monitored subject' [is] a person ... under eighteen years old, or sixty years old and over. N.J.S.A. 30:4-123.91(a)(2)(a)-(c); see also N.J.S.A. 30:4-123.91(b) (listing risk factors for the Chairperson to consider ... cri mes or to exclude them from ongoing criminal investigations.' N.J.S.A. 30:4-123.90(d). They note that the Board and other law enforcement agencies may share 'criminal incident information.' N.J.S.A. 30:4-123.93. However, even if 'the enumerated purposes may involve ...

docket:	a2843-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-20
status:	Published
citation:	457 N.J.Super. 250 199 A.3d 297
Document Size:	32827

45 ANTHONY KIRKLAND v. NEW JERSEY STATE PAROLE BOARD -- rank: 594

... STATE PAROLE BOARD IN VIOLATION OF THE LEGISLATIVE INTENT OF N.J.S.A. 30:4-123.53a AND N.J.S.A. 30:4-123.55c; THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT OF ... IN THE RECORD IN VIOLATION OF THE LEGISLATIVE INTENT OF N.J.S.A. 30:4-123.53a AND N.J.S.A. 30:4-123.55c; THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT OF ... OF [TWENTY EIGHT] IN VIOLATION OF THE LEGISLATIVE INTENT OF N.J.S.A. 30:4-123.53a AND N.J.S.A. 30:4-123.55c; THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT ...

docket:	a1834-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-28
status:	unpublished
citation:
Document Size:	24687