Search Rutgers Law Library N.J. Court Opinions

46 STATE OF NEW JERSEY v. C. P. -- rank: 589

... initials to refer to defendant C.P. as required by N.J.S.A. 30:4- 123.51e(e)(4). See also State v. F.E.D ... court for release pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. C.P. currently suffers from a combination of debilitating ... P established both the medical and public safety factors under N.J.S.A. 30:4-123.51e. The court stated: There is no doubt that C ... previous law, the CRA expands eligibility to inmates convicted 4 N.J.S.A. 30:4-123.51c (repealed 2020). A-2400-22 8 of certain serious ... before an inmate may petition for release under the CRA. N.J.S.A. 30:4-123.51e(f)(2). The DOC must 'promptly issue' the certificate ... suffering from a terminal condition, disease . . . or permanent physical incapacity.' N.J.S.A. 30:4-123.51e(d)(2). A 'permanent physical incapacity' is defined ...

docket:	a2400-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	29430

47 WILLIE WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 583

... outside the administrative guidelines. In reaching its decision, governed by N.J.S.A. 30:4-123.53(a) 1 , the panel concluded appellant had not achieved ... § II ¶ 2 OF THE NEW JERSEY CONSTITUTION, AND N.J.S.A. 30:4-123.52(c). POINT IV N.J.S.A. 30:4-123.56(b) AND N.J.A.C. 10A:71-3 ... arguments claiming deprivation of due process and his assertion that N.J.S.A. 30:4-123.56(b) and N.J.A.C. 10A:71-3 ... the term was permissible. As authorized by the applicable statute, N.J.S.A. 30:4-123.56, a schedule of presumptive FETs was implemented. 3 N ... application for parole. Affirmed. 1 The standard set forth in N.J.S.A. 30:4-123.53(a), in effect when appellant was convicted, required ...

docket:	a1201-09
court:	superior court appellate division
decided:	2011-02-02
status:	Unpublished
citation:
Document Size:	26482

48 STATE OF NEW JERSEY v. HOWARD L. DUNNS -- rank: 581

... A REDUCTION OF THE PRIMARY PAROLE ELIGIBILITY DATE PURSUANT TO N.J.S.A. 30:4- 123.67.' II. We first address defendant's contention that the ... reduction of [defendant's] primary parole eligibility date pursuant to N.J.S.A. 30:4-123.67.' The statute authorizes a defendant to enter into a ... reduction of the defendant's primary parole eligibility date under N.J.S.A. 30:4-123.52. N.J.S.A. 30:4-123.67(a); see also Trantino v. N.J. State Parole ... a reduction in a defendant's primary parole eligibility date. N.J.S.A. 30:4-123.67(a), which allows a defendant's entry into a ... agreement reducing the primary parole eligibility date, is qualified by N.J.S.A. 30:4-123.52. The statute requires the sentencing court's consent ...

docket:	a0481-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	84668

49 SEAN M. RYAN, v. NEW JERSEY STATE PAROLE BOARD -- rank: 576

... 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 the ... 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. In reaching ... or board shall state on the record the reasons therefor. [ N.J.S.A. 30:4-123.53(a).] As pertains to these cases, N.J.A ... Act differs sharply from New Jersey's previous parole scheme, N.J.S.A. 30:4-123.16 (repealed), in which the Board could base its decision ... is restricted to a determination of the applicable standard under N.J.S.A. 30:4-123.53(a), as we have previously set forth. Under ...

docket:	a6298-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	84372

50 IN THE MATTER OF THE CIVIL COMMITMENT OF T.G. -- rank: 576

... result of the adoption of the Compassionate Release Program (CRP), N.J.S.A. 30:4-123.100 to -123.103, in November 2020, in response to ... a sentence was eligible to receive public health emergency credits. N.J.S.A. 30:4-123.100(b)(1)-(2). The credits accrued at a rate ...

docket:	a0959-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-19
status:	Unpublished
citation:
Document Size:	54214

51 JOSEPH T. LEPORE v. NEW JERSEY STATE PAROLE BOARD -- rank: 576

... 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 the ... 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. In reaching ... or board shall state on the record the reasons therefor. [ N.J.S.A. 30:4-123.53(a).] As pertains to these cases, N.J.A ... Act differs sharply from New Jersey's previous parole scheme, N.J.S.A. 30:4-123.16 (repealed), in which the Board could base its decision ... is restricted to a determination of the applicable standard under N.J.S.A. 30:4-123.53(a), as we have previously set forth. Under ...

docket:	a0013-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	unpublished
citation:
Document Size:	85721

52 J.I. v. NEW JERSEY STATE PAROLE BOARD -- rank: 574

... 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); see also N.J.A.C. 10A:71 ... J.A.C. 10A:71-6.11(k); see also N.J.S.A. 30:4-123.59(b). If an offender violates a condition, he or ... may be subject to the imposition of additional special conditions. N.J.S.A. 30:4-123.60(a) and -123.61(b). There should be "a ... offender to obtain modification or removal of a condition. See N.J.S.A. 30:4-123.59(c) (permitting the Board panel to relieve an offender of a parole condition); N.J.S.A. 30:4-123.61(c) (permitting an offender to apply to the ...

docket:	a1293-14
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	published
citation:	441 N.J.Super. 564 120 A.3d 256
Document Size:	50745

53 State v. David Chavies -- rank: 568

... intent of the Legislature. The recently enacted Compassionate Release Statute, N.J.S.A. 30:4-123.51e, provides that notice must be given to victims or ... the Legislature’s recent enactment of the Compassionate Release Statute, N.J.S.A. 30:4-123.51e. The statute addresses the issue of an inmate’s ... op. at see ante 20) (discussing the Compassionate Release Statute, N.J.S.A. 30:4-123.51e), referred to in the majority opinion, in no way ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
status:
citation:
Document Size:	75948

54 RONALD ROBBINS v. NEW JERSEY STATE PAROLE BOARD -- rank: 553

... was subject to the standard established in an amendment to N.J.S.A. 30:4-123.53(a), which took effect on August 19, 1997. That ... thirty-six months or less, based on an amendment to N.J.S.A. 30:4-123.56, which precluded the Board from establishing an FET that ... Robbins' application. The Board stated that that the amendment to N.J.S.A. 30:4-123.56 did not apply because it was enacted after the ... NOT BASED ON FUNDAMENTAL FAIRNESS, SUBSTANTIAL EVIDENCE AS REQUIRED BY N.J.S.A. 30:4-123.53(a). (Partially Raised Below). POINT TWO THE PAROLE BOARD ... N.J.A.C. 10A:71-3.21(d); AND N.J.S.A. 30:4-123.52(c); APPELLANT WAS DENIED HIS CONSTITUTIONALLY PROTECTED EXPECTANCY IN ... three years or less, based on the 2009 amendment to N.J.S.A. 30:4-123.56. The scope of our review is limited to ...

docket:	a3625-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	17499

55 of New Jersey v. Derrick Wayne Rose -- rank: 553

... minus credits. Booker , supra , 136 N.J. at 264-65; N.J.S.A. 30:4-123.51(a). However, under the circumstances presented in Booker , � ... reached, thereby rendering the gap-time credits “meaningless.” N.J.S.A. 30:4-123.51(a) clearly provides: Each adult inmate sentenced to . . . a ... under the parole warrant,” id. at 456, and that N.J.S.A. 30:4-123.62(a)(2) provides that “[n]o parolee held ... entitled to release on bail.” Id. at 459 (citing N.J.S.A. 30:4-123.62(a)(2)). Therefore, we held that when a parolee ... 265 N.J. Super. 191 , 207 (App. Div. 1993) (citing N.J.S.A. 30:4-123.51a)). The wording of the jail credit Rule , which leaves ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

56 KEVIN STOUT v. NEW JERSEY STATE PAROLE BOARD -- rank: 553

... on parole at this time." See pre-1997 version of N.J.S.A. 30:4-123.53(a) 1 ; Williams v. N.J. State Parole Bd ... 1997, are governed by the parole standards set forth in N.J.S.A. 30:4-123.53(a) prior to the amendment on August 18, 1997 ... commit a crime if released on parole at this time." N.J.S.A. 30:4-123.53(a) (pre-1997 version). However, we conclude contrawise with ... argues that our determination should apply the 2010 amendment to N.J.S.A. 30:4-123.56(a), which precluded the Board from establishing a future ... not appropriate under any circumstances. However, the Legislature recently revised N.J.S.A. 30:4-123.56(a) to remove the three-year cap on FETs ... not retain jurisdiction. 1 L. 1979, c. 441, § 9. N.J.S.A. 30:4-123.53(a), as amended in 1997, L. 1997, c. ...

docket:	a5064-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-25
status:	unpublished
citation:
Document Size:	27418

57 VINCENT LAING v. NEW JERSEY DEPARTMENT OF CORRECTIONS - -- rank: 550

... agency decision denying him public health emergency credits pursuant to N.J.S.A. 30:4-123.100 to -123.103. Laing was sentenced under the No ... APPELLANT CANNOT RECEIVE THE PUBLIC HEALTH EMERGENCY CREDITS PURSUANT TO N.J.S.A. 30:4-123.100. Legal questions of statutory interpretation are reviewed de novo ... our analysis by examining the pertinent text from the statute. N.J.S.A. 30:4-123.100(a) provides that whenever the Governor declares a public ... the custody of the Commissioner of Corrections within 365 days.' N.J.S.A. 30:4- 123.100(b) (emphasis added). Subsection (f) provides, '[a]n inmate ... receive public health emergency credits in accordance with this section.' N.J.S.A. 30:4-123.100(f). Laing argues that under subsection (f), any inmate ... to the eligibility criteria set forth in other subsections of N.J.S.A. 30:4-123.100. We disagree. Subsection (f) cannot be read in ...

docket:	a3488-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-23
status:	Unpublished
citation:
Document Size:	16310

58 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 550

... arguments. ����Defendant argues that the court erred by relying upon N.J.S.A. 30:4-123.59 to show that CDS use was prohibited under N ... 6.4, when read in conjunction with the Parole Act, N.J.S.A. 30:4-123.59b, and the CSL regulations, N.J.A.C. 10A ... contraband observed in plain view by the parole officer. Both N.J.S.A. 30:4-123.59b and N.J.A.C. 10A:71-6.11 ... conditions defendant agreed to upon his release were mandated by N.J.S.A. 30:4-123.59b. Therefore, the statute provided defendant with sufficient notice of ... of CSL. It follows then that defendant's argument that N.J.S.A. 30:4-123.59 and N.J.A.C. 10A:71-6.4 ... short, Footnote: 1 It appears the court was referring to N.J.S.A. 30:4-123.59. Footnote: 2 The decision whether to quash a ...

docket:	a5021-01
court:	njappellate
decided:	2003-12-17
status:	published
citation:	365 N.J.Super. 430 365 N.J. Super. 430
Document Size:	31818

59 WILLIAM THOMAS v. NEW JERSEY STATE PAROLE BOARD, DEPARTMENT OF CORRECTIONS -- rank: 548

... by improperly utilizing the standard for parole set forth in N.J.S.A. 30:4-123.56c. Appellant argues that N.J.S.A. 30:4-123.56c, as it existed prior to its amendment in 1997, should be the applicable standard. N.J.S.A. 30:4-123.56c, prior to the 1997 amendment, provided: [a]n inmate ... 4-123.59) if released on parole at that time . . . . [ N.J.S.A. 30:4-123.56c.] The 1997 amendment was enacted "to change the standard ... Trantino , we explained and ruled that the 1997 amendments to N.J.S.A. 30:4-123.56c "did not violate the ex post facto clause since ... life sentences. In 1982, at the time of the sentence, N.J.S.A. 30:4-123.51b provided that: [e]ach adult inmate sentenced to ...

docket:	A2649-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-22
status:	unpublished
citation:
Document Size:	61363

60 Trantino v. New Jersey Parole Board -- rank: 546

... his release is not incompatible with the welfare of society." N.J.S.A. 30:4-123.14 (repealed by L. 1979, c. 441, � 27); see Beckworth ... supra , 62 N.J. at 360 ("The statutory criteria in N.J.S.A. 30:4-123.14 contemplate parole release only where the Board is of ... This standard was changed under the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.69. No longer was the Parole Board ... under the laws of this State if released on parole." N.J.S.A. 30:4-123.56c. As applied to a prisoner serving a sentence under ... imprisonment, he would, under the parole statute then in effect, N.J.S.A. 30:4-123.11 (repealed), still be eligible for parole at this time ...

docket:	a-43-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 19
Document Size:	74848