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61 KENWORTH LAURIER v. NEW JERSEY STATE PAROLE BOARD -- rank: 540

... request to enter into a parole contract agreement pursuant to N.J.S.A. 30:4-123.67. We affirm. Appellant was sentenced on November 22, 1991 ... administrative appeal for the same reason, concluding: paragraph (b) of N.J.S.A. 30:4-123.52 provides that a parole eligibility date may not be ... On appeal, appellant argues that under the 2009 amendment to N.J.S.A. 30:4-123.67, effective August 1, 2010, parole contracts are mandatory upon ... reduction of an inmate's primary PED. To this end, N.J.S.A. 30:4-123.67(a) provides: The appropriate board panel and the Department ... upon such successful completion of the program. [(emphasis added).] However, N.J.S.A. 30:4-123.67(a) is qualified by N.J.S.A. 30:4-123.52, which explicitly states that in no case shall ...

docket:	a1349-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-15
status:	unpublished
citation:
Document Size:	12667

62 State v. Jerry Black -- rank: 535

... be governed by the 'Parole Act of 1979,'” codified at N.J.S.A. 30:4-123.45 to -123.76. The Parole Act provides that the ... a parolee violates the conditions of his or her parole. N.J.S.A. 30:4-123.60 to -123.62. Although the threat of parole revocation ... a parole detainer was lodged against the defendant pursuant to N.J.S.A. 30:4-123.62. Id. at 574. As in this case, Harvey entered ... For that reason, and based on the clear language of N.J.S.A. 30:4-123.62 prohibiting a parolee held on a parole warrant from ... Blondin Court was not faced with statutory language analogous to N.J.S.A. 30:4-123.62, preventing a parolee held pursuant to a parole warrant ... still held in custody on a parole warrant pursuant to N.J.S.A. 30:4-123.62(a)(2). As the State did not object ...

docket:	a-53-97
court:	njsupreme
decided:	1998-05-14
status:
citation:	153 N.J. 438
Document Size:	69604

63 MAURICE ESPINO v. NEW JERSEY STATE PAROLE BOARD -- rank: 535

... 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 ... commit a crime . . . if released on parole at such time. [ N.J.S.A. 30:4-123.53(a) (1979); see also N.J.S.A. 30:4-123.56(c) (1979) (substantially similar).] Thus, under the statute in ... time.' See Trantino V, 166 N.J. at 197 (quoting N.J.S.A. 30:4-123.53(a)). The Board's determination of parole eligibility must ... commit a crime . . . if released on parole at such time.' N.J.S.A. 30:4-123.56(c) (1984) (emphasis added). The Parole Act was amended ... regarding the information used in the parole release decision. See N.J.S.A. 30:4-123.56(c) (2018). A-3372-17T4 12 Accordingly, under ...

docket:	a3372-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-30
status:	Unpublished
citation:
Document Size:	25270

64 STATEOF NEW JERSEY v. KEF W. CARIAS - -- rank: 535

... 3.1; a $30 monthly fee for sex offender supervision, N.J.S.A. 30:4-123.97; a $30 penalty for the Law Enforcement Officers Training ... Erred in Imposing a $30 Per Month Penalty, Pursuant to N.J.S.A. 30:4-123.97, Because It Did Not Determine [Defendant's] Income and ... monthly penalty for the supervision of sex offenders pursuant to N.J.S.A. 30:4-123.97(a). The statute states that this penalty shall be ... offender supervisory 18 A-0816-16T4 fee imposed pursuant to N.J.S.A. 30:4-123.97 and the $1000 SCVTF penalty imposed pursuant to N ...

docket:	a0816-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-28
status:	unpublished
citation:
Document Size:	62235

65 /usr/local/share/www/libweb/collections/courts/appellate/a4782-09-recon2.opn.html -- rank: 533

... the second adult indictment. Aggregation of sentences is governed by N.J.S.A. 30:4-123.51(h), which does indeed bar aggregation of adult and ... parole violation terms are treated differently from ordinary terms. Under N.J.S.A. 30:4-123.64(d), " [a]ny period of confinement for parole violation ... a parole eligibility term for purposes of aggregation pursuant to [ N.J.S.A. 30:4-123.51(h)]." (Emphasis added.) The statute does not distinguish between ... treated as a parole eligibility term for purposes of aggregation. N.J.S.A. 30:4-123.64(d). We also note our conclusion that the juvenile ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	53736

66 /usr/local/share/www/libweb/collections/courts/appellate/a1576-20.opn.html -- rank: 533

... the incorrect statutory standard by retroactively applying a version of N.J.S.A. 30:4-123.56 that became effective after Perry's sentences were imposed ... would commit a new crime if paroled - the standard of N.J.S.A. 30:4- 123.56 in effect when Perry was sentenced. It performed a ... parole release under the Parole Act of 1979. [1]' 1 N.J.S.A. 30:4-123.45 to -123.79. A-1576-20 9 In re ... inmate and the need for continued incapacitation of the inmate.' N.J.S.A. 30:4-123.56(a). The imposition of Perry's 216-month FET ... own schedule like subsection (a) of the regulation. He asserts N.J.S.A. 30:4-123.56(a) requires the Board to develop FET schedules and ... PEDs] for adult inmates denied release at their eligibility date.' N.J.S.A. 30:4-123.56(a). Moreover, although there is a right to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26217

67 SPILLERMAN HILL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 531

... the second adult indictment. Aggregation of sentences is governed by N.J.S.A. 30:4-123.51(h), which does indeed bar aggregation of adult and ... parole violation terms are treated differently from ordinary terms. Under N.J.S.A. 30:4-123.64(d), " [a]ny period of confinement for parole violation ... a parole eligibility term for purposes of aggregation pursuant to [ N.J.S.A. 30:4-123.51(h)]." (Emphasis added.) The statute does not distinguish between ... treated as a parole eligibility term for purposes of aggregation. N.J.S.A. 30:4-123.64(d). We also note our conclusion that the juvenile ...

docket:	a4782-09_2
court:	NJ Superior Court Appellate Division
decided:	2011-06-17
status:	unpublished
citation:
Document Size:	73816

68 STATE OF NEW JERSEY v. DERRICK ELLIS, -- rank: 524

... the sentence, to June 12, 1994. The Board then applies N.J.S.A. 30:4-123.51h, which states:             When an inmate is sentenced to more ... is ten years, the period of parole disqualification, pursuant to N.J.S.A. 30:4-123.51a. The Board adds that ten years to the eligibility ... which is initially one-third of the fifteen-year sentence. N.J.S.A. 30:4-123.51a. With the application of all applicable credits, defendant's ... 410. With the advent of the Parole Act of 1979, N.J.S.A. 30:4-123.45, et seq. , sentence aggregation for parole purposes is now governed by N.J.S.A. 30:4-123.51h and N.J.A.C. 10A:71-3.2 ...

docket:	a4141-99
court:	njappellate
decided:	2002-01-22
status:	published
citation:	346 N.J. Super. 583
Document Size:	49357

69 BENJAMIN BALISNOMO v. NEW JERSEY STATE PAROLE BOARD -- rank: 522

... Panel referred the case to the full Board, pursuant to N.J.S.A. 30:4-123.55(f), which states in part, " an inmate incarcerated for ... and 1983, the governing standard, as then set forth in N.J.S.A. 30:4-123.53(a), required his release on parole unless it was ... argues that he was denied due process because, pursuant to N.J.S.A. 30:4-123.55c, a parole hearing must take place at least thirty ... As amended in 1997, L. 1997, c. 213, § 1, N.J.S.A. 30:4-123.53(a) now provides: An adult inmate shall be released ... parole eligibility, unless information supplied in the report filed pursuant [ 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 ...

docket:	a0960-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-18
status:	unpublished
citation:
Document Size:	25469

70 K.G. v. NEW JERSEY STATE PAROLE BOARD -- rank: 514

... reduce the likelihood of recurrence of criminal or delinquent behavior.' N.J.S.A. 30:4-123.59(b)(1); see also N.J.A.C. 10A ... PSL condition may be subjected to additional special conditions. See N.J.S.A. 30:4-123.60(a). Appellants maintain that the restrictions imposed upon them ... 2C:43-6.4(f)(1) to (5).] See also N.J.S.A. 30:4-123.59(b)(2) (listing identical provisions). Additionally, a general condition ...

docket:	a0042-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Published
citation:	458 N.J.Super. 1 202 A.3d 636
Document Size:	93645

71 State v. Melvin Hester -- rank: 514

... convincing evidence of a violation of the conditions of parole. N.J.S.A. 30:4-123.63(d). An administrative officer -- not a judicial officer -- sits as the final arbiter of the facts. See N.J.S.A. 30:4-123.63. 19 imposition of a life sentence without the possibility ...

docket:	a_91_16
court:	NJ Supreme Court
decided:	2018-05-30
status:
citation:
Document Size:	53702

72 FRANK HUBBARD v. NEW JERSEY STATE PAROLE BOARD -- rank: 509

... following arguments: i. the parole board is in violation of N.J.S.A. 30:4-123.56(c). ii. the parole board's use of inadequate ... at 25. Hubbard argues that the Board's decision violated N.J.S.A. 30:4-123.56(c), as the Board did not rely on "new ... the initial denial of parole in 2006. Prior to 1997, N.J.S.A. 30:4-123.56(c) addressed the criteria for considering parole after an ... time. [L. 1979, c. 441, § 12 (then codified at N.J.S.A. 30:4-123.56(c)).] In 1997, the Legislature adopted various amendments to ... reasonable expectation that the inmate will violate conditions of parole[.]" N.J.S.A. 30:4-123.56(c), as amended, provides: An inmate shall be released ...

docket:	a0205-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:
Document Size:	23316

73 IN THE MATTER OF PETITION FOR RULEMAKING TO AMEND N.J.A.C. 10A:71-3.11, ET AL. -- rank: 509

... future date of parole eligibility, known as an FET. See N.J.S.A. 30:4-123.56; N.J.A.C. 10A:71-3.21. 2 ... Act requires the Board to perform 'an objective risk assessment.' N.J.S.A. 30:4-123.52(e); see N.J.A.C. 10A:71-3 ... legislative and executive branches. Notably, the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.76, has not been amended to effectuate ...

docket:	a0494-22a1180-22
court:	appellate
decided:	2024-05-09
status:	Unpublished
citation:
Document Size:	58470

74 JHON CASTANEDA v. NEW JERSEY STATE PAROLE BOARD -- rank: 509

... basis to disturb the Board's determination. A ffirmed. 1 N.J.S.A. 30:4-123.56(b) provides that an FET must be established upon ... as a 3rd degree offense for purposes of sentencing. 3 N.J.S.A. 30:4-123.56(b) provides that an FET must be established upon denial of parole. 4 N.J.S.A. 30:4-123.53(a) provides: "[a]n adult shall be released on ... 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." This ...

docket:	a5292-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-09
status:	unpublished
citation:
Document Size:	19901

75 THOMAS MEROLA V. DEPARTMENT OF CORRECTIONS -- rank: 507

... B.    The DOC's interpretation would impermissibly render part of N.J.S.A. 30:4-123.51 meaningless in this case.         C.    A denial of work ... credits to reduce statutorily-imposed mandatory minimum sentences. For instance, N.J.S.A. 30:4-123.45 to .69, of which N.J.S.A. 30:4-123.69. Thus, the Legislature could not have made any clearer ... 3b simply cannot yield to any of the provisions of N.J.S.A. 30:4-123.51(a).     Such a construction is clearly consistent with the ...

docket:	a6334-93
court:	njappellate
decided:	1995-12-01
status:	published
citation:	285 N.J.Super. 501
Document Size:	29360