Search Rutgers Law Library N.J. Court Opinions

1 State v. F.E.D. -- rank: 1000

... considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a court to order the release of an ... inmate’s suffering from “a permanent physical incapacity,” N.J.S.A. 30:4-123.51e(f)(1). Petitioner F.E.D., now seventy-three ... Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included attestations of “medical diagnosis ... F.E.D. “meets the medical conditions established” by N.J.S.A. 30:4-123.51e. Pursuant to N.J.S.A. 30:4-123.51e(d)(1), the Commissioner issued a Certificate of Eligibility ... E.D. filed a petition for compassionate release pursuant to N.J.S.A. 30:4-123.51e. The trial court held an evidentiary hearing on ...

docket:	a-12-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:
citation:
Document Size:	100834

2 Leander Williams v. New Jersey State Parole Board -- rank: 997

... release under the Earn Your Way Out Act (EYWO Act), N.J.S.A. 30:4-123.55b to .55f. Leander Williams pled guilty to non-violent ... days. Williams administratively appealed to the Parole Board, arguing that N.J.S.A. 30:4-123.59 precluded the panel from requiring an RTP as a ... the requirement that Williams reside at the RTP, determining that N.J.S.A. 30:4-123.59(b)(1)(a) authorized the panel to impose an RTP and that N.J.S.A. 30:4-123.59(d) was “inapplicable.” Williams appealed, and the ... RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to impose parole conditions ... the conditions that can be imposed in that setting. 1. N.J.S.A. 30:4-123.53(a) details the process for release under the ...

docket:	a-26-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-03
status:
citation:
Document Size:	69715

3 STATE OF NEW JERSEY v. A.M. -- rank: 991

... because information contained in a petition for compassionate release under N.J.S.A. 30:4-123.51e, and 'comments submitted by a recipient' of the petition ... not authorized to receive or review the information or comments.' N.J.S.A. 30:4-123.51e(e)(4); see also State v. F.E.D ... 04-21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e' (Feb. 1, 2021) ('The petition, responses, and information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). Public Defender, attorney; Alison Gifford, of counsel ... a medical facility pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. Subsection (f)(1) of the CRA authorizes a court ... be released would not pose a threat to public safety.' N.J.S.A. 30:4-123.51e(f)(1). Here, the court conducted hearings, determined ...

docket:	a3010-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Published
citation:
Document Size:	74418

4 A-52-14 -- rank: 911

... parole. According to the Board, that result was compelled by N.J.S.A. 30:4-123.55(f), which required that the full fifteen-member Parole ... The Appellate Division denied the motion. The panel reasoned that N.J.S.A. 30:4-123.55(f) is triggered only when a two-member Board ... to a panel of the Board for an informal hearing. N.J.S.A. 30:4-123.55(c). After the hearing, the Board panel can either ... parole and file . . . a statement setting forth the decision,” N.J.S.A. 30:4-123.55(d). If the Board panel denies parole, the inmate ... board, after conducting a hearing, concurs in that recommendation.” N.J.S.A. 30:4-123.55(f). That alternate track grew out of 1989 and ... and full Parole Board hearing that is implicitly required by N.J.S.A. 30:4-123.55(f), including the opportunity to interview the inmate ...

docket:	A-52-14
court:	NJ Supreme Court
decided:	2016-02-23
status:
citation:	224 N.J. 213 130 A.3d 1228
Document Size:	112241

5 STATE OF NEW JERSEY v. F.E.D., -- rank: 828

... compassionate release.' L. 2020, c. 106, § 1 (codified at N.J.S.A. 30:4- 123.51e); see also N.J.S.A. 30:4-123.51c (2001) (repealed by L. 2020, c. 106, § 3 ... he suffered from a 'permanent 1 We use initials because N.J.S.A. 30:4-123.51e(e)(4) declares: 'The information contained in the petition ... 04–21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e,' at 2 (Feb. 1, 2021) ('The petition, responses, and ... information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). We withhold comment on the wisdom of ... release 'would not pose a threat to public safety.' See N.J.S.A. 30:4-123.51e(d), (f), (l). After the hearing, the court ...

docket:	a2554-20
court:	NJ Superior Court Appellate Division
decided:	2021-08-16
status:	Published
citation:
Document Size:	62080

6 /usr/local/share/www/libweb/collections/courts/supreme/a-56-57-21.opn.html -- rank: 813

... the statute’s medical and public safety requirements. The CRA, N.J.S.A. 30:4-123.51e, expressly repealed the medical parole statute, under which the ... a permanent physical incapacity, the conditions established in accordance with [N.J.S.A. 30:4-123.51e(h)] under which the inmate would be released would ... statutory limits placed on the disclosure of medical information in N.J.S.A. 30:4-123.51e(e)(4) and the interest of public access to ... inmate meets the law’s medical and public safety conditions. N.J.S.A. 30:4-123.51e(a), (f)(1). The word “may” generally conveys ... members about “any harm” they “suffered.” 3 N.J.S.A. 30:4-123.51e(e)(2), (f)(1). Consistent with the text and ... of the Court. The Legislature enacted the Compassionate Release Act, N.J.S.A. 30:4- 123.51e, in 2020. The new law provides for the ...

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Document Size:	78397

7 GEORGE C. RILEY v. NEW JERSEY STATE PAROLE BOARD -- rank: 767

... of sex offenders provided under the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to -123.95, to persons who committed sex offenses ... 7-1 to -19, with a high risk of reoffense, N.J.S.A. 30:4-123.91(a)(1). This notification was accompanied by a document ... continuous, satellite-based monitoring of sex offenders in this State." N.J.S.A. 30:4-123.92(a). It also requires the Chairman to "promulgate guidelines to effectuate the provisions of this act." N.J.S.A. 30:4-123.92(d). It is at least arguable that the detailed ... Megan's Law review and scrutiny for high risk assessment. N.J.S.A. 30:4-123.91(a)(1). Therefore, retroactive application of the Act to ... who are determined to be a high risk to reoffend . . . . [ N.J.S.A. 30:4-123.90.] The fact that the Sex Offender Monitoring Act ...

docket:	a1004-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-22
status:	published
citation:	423 N.J. Super. 224 32 A.3d 190
Document Size:	113372

8 PHILIP A. SAPIO v. EVELYN DAVIS -- rank: 761

... life, the defendant shall be subject to the provisions [in N.J.S.A. 30:4-123.60 to -123.63 and N.J.S.A. 30:4-123.65] and for the purpose of calculating the limitation on time served [set forth in N.J.S.A. 30:4-123.65] the custodial term imposed upon the defendant related to ... the Division of Parole from proceeding under the provisions of [ N.J.S.A. 30:4-123.60 to -123.63 and N.J.S.A. 30:4-123.65] against any such defendant for a violation of any ... such proceeding by the Division of Parole, the provisions of [ N.J.S.A. 30:4-123.51b] authorizing revocation and return to prison shall be ...

docket:	a2129-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	76071

9 Riley v. New Jersey State Parole Board -- rank: 759

... must determine whether the 2007 Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, when applied to an individual whose ... he was subject to the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95 -- a law passed in 2007, more ... must determine whether the 2007 Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, when applied to an individual whose ... for the continuous, satellite-based monitoring of sex offenders,” N.J.S.A. 30:4-123.92, “24 hours per day, seven days per week,” N.J.S.A. 30:4-123.90. Those sex offenders subject to SOMA include any � ... Megan’s Law, N.J.S.A. 2C:7-8. N.J.S.A. 30:4-123.91(a)(1). In July 2009, at a Megan’ ...

docket:	A-94-11
court:	NJ Supreme Court
decided:	2014-09-22
status:
citation:	219 N.J. 270 98 A.3d 544
Document Size:	159048

10 H.R. v. New Jersey State Parole Board -- rank: 735

... level of risk” such offenders pose to the community. See N.J.S.A. 30:4-123.90(a). SOMA declares that “[i]ntensive supervision” of ... offender under Megan’s Law -- are automatically subject to SOMA. N.J.S.A. 30:4-123.91(a)(1). And a person also sentenced to PSL ... enacted the Sex Offender Monitoring Act (SOMA or the Act), N.J.S.A. 30:4-123.89 to -123.99, declaring that 2 community protection, deterrence ... 7-8(c)(3) -- submit to continuous satellite-based monitoring. N.J.S.A. 30:4-123.91(a)(1) and -123.92. The Act authorizes the ... using an ankle device with Global Positioning System (GPS) technology. N.J.S.A. 30:4-123.92. Plaintiff H.R. is a convicted sex offender. His ... GPS monitoring, noting the deterrence and rehabilitation considerations cited in N.J.S.A. 30:4-123.90(b) and (c). Id. at 258-59. The ...

docket:	a-90-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	61490

11 LEANDER WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 724

... under the recently enacted Earn Your Way Out (EYWO) Act, N.J.S.A. 30:4-123.55b.1 The panel also imposed a special condition mandating ... s administrative parole release. The Board concluded: [p]ursuant to N.J.S.A. 30:4-123.55d(b), an inmate released on administrative parole shall be ... in accordance with the procedures and standards set forth in N.J.S.A. 30:4- 123.59. The Board also finds that pursuant to N.J.S.A. 30:4-123.59(b)(1)(a)[,] in addition to the general conditions ... criteria for parole release under the Parole Act of 1979[, N.J.S.A. 30:4-123.45 to - 123.76].'' Acoli v. N.J. State Parole ... Act were adopted in 1997. 'Under the current version of N.J.S.A. 30:4-123.53, the Board may deny parole if it is ...

docket:	a1174-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-18
status:	Unpublished
citation:
Document Size:	30551

12 Sundiata Acoli v. New Jersey State Parole Board -- rank: 724

... that governs the determination of Sundiata Acoli’s parole application -- N.J.S.A. 30:4- 123.53, as it existed in 1979 -- the New Jersey State ... in 1973, Acoli first became eligible for parole in 1993. N.J.S.A. 30:4-123.11 (repealed 1997). The Parole Board has denied Acoli parole ... on parole. The Court reversed on procedural grounds, holding that N.J.S.A. 30:4-123.55(f) required a full Parole Board hearing with witness ... appeal as of right based on the dissent. HELD: Under N.J.S.A. 30:4-123.53 (1979), at the time of Acoli’s parole hearing ... that [Acoli] will commit a crime” if placed on parole. --- N.J.S.A. 30:4-123.53 (1979). See The Board’s decision to deny Acoli ... 1948, c. 84 § 11 (amended 1997). See L. Under N.J.S.A. 30:4-123.53 (1979), at the time of Acoli’s parole ...

docket:	a-73-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
citation:
Document Size:	141453

13 JOSEPH LIPP v. ALFRED KANDELL -- rank: 720

... PSL], the defendant shall be subject to the provisions [in N.J.S.A. 30:4-123.60 to -123.63 and N.J.S.A. 30:4-123.65], and for the purpose of calculating the limitation on time served [set forth in N.J.S.A. 30:4-123.65.]. . . Nothing contained in this subsection shall prevent . . . the [NJSPB] from proceeding under the provisions of [ N.J.S.A. 30:4-123.60 to -123.63 and N.J.S.A. 30:4-123.65] against any such defendant for a violation of any ... In any such proceeding by the [NJSPB], the provisions of [ N.J.S.A. 30:4-123.51b] authorizing revocation and return to prison shall be ...

docket:	a2261-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	41310

14 DARRYL JINKS v. NEW JERSEY STATE PAROLE BOARD -- rank: 720

... he should not be returned to confinement as required by N.J.S.A. 30:4-123.60(c). We therefore affirm the Board's decision finding ... him to custody and imposing a fifty-six month FET. N.J.S.A. 30:4-123.60(c) mandates that a parolee who commits a crime ... is revoked based on the commission of a crime. Ibid. N.J.S.A. 30:4-123.60(c) provides that a parolee who violates parole by ... confinement." Appellant contends the Board abused its discretion in applying N.J.S.A. 30:4-123.60(c) by finding he had not established good cause ... his Virginia convictions otherwise required the revocation of parole under N.J.S.A. 30:4-123.60(c). Instead, appellant presented evidence solely to support his ... the Board erred in its analysis of the evidence under N.J.S.A. 30:4-123.60(c) because it did not apply the appropriate ...

docket:	a3569-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-30
status:	unpublished
citation:
Document Size:	35728

15 /usr/local/share/www/libweb/collections/courts/appellate/a4135-16.opn.html -- rank: 704

... PSL], the defendant shall be subject to the provisions [in N.J.S.A. 30:4-123.60 to -123.63 and N.J.S.A. 30:4-123.65], and for the purpose of calculating the limitation on time served [set forth in N.J.S.A. 30:4-123.65] . . . Nothing contained in this subsection shall prevent . . . the [Parole Board] from proceeding under the provisions of [ N.J.S.A. 30:4- 123.60 to -123.63 and N.J.S.A. 30:4-123.65] against any such defendant for a violation of any ... any such proceeding by the [Parole Board], the provisions of [N.J.S.A. 30:4-123.51b] authorizing revocation and return to prison shall be ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	32125