Search Rutgers Law Library N.J. Court Opinions

1 Leander Williams v. New Jersey State Parole Board -- rank: 1000

... 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 Parole Act ... if the inmate would not otherwise be released pursuant to [N.J.S.A. 30:4-123.53] without such placement.” (pp. 17-20) 3. The Parole ... if the inmate would not otherwise be released pursuant to [ N.J.S.A. 30:4- 123.53] without such placement.” Reading the statutes together, to impose ... the Parole Board would generally have to show: (1) under N.J.S.A. 30:4-123.53(a), that “there is a reasonable expectation that the ... that “the inmate would not otherwise be released [under N.J.S.A. 30:4-123.53] without such placement.” If N.J.S.A. 30 ... and expungement statutes). In addition to referencing the same subjects , N.J.S.A. 30:4-123.53(a) (releasing adult inmates on parole) and N.J. ...

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

2 Sundiata Acoli v. New Jersey State Parole Board -- rank: 823

... 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 Parole ... 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, he ... 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 parole ... 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 hearing, he ... old -- will commit a crime if released on parole. See N.J.S.A. 30:4-123.53 (1979). In making that “highly ‘individualized’” appraisal ... at 126 (alteration and omission in original) (emphasis added) (quoting N.J.S.A. 30:4-123.53 (1979)).12 “Likelihood” is defined as a “ ...

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

3 STATE OF NEW JERSEY v. A.M. -- rank: 823

... CRA states: [n]otwithstanding the provisions of subsection [(]a[)] of [N.J.S.A. 30:4-123.53]4, the court may order the compassionate release of an ... conditions established [by the Parole Board] under which the 4 N.J.S.A. 30:4-123.53 generally provides for the determination of the date of release ... provides that '[n]otwithstanding the provisions of subsection [(]a[)] of' N.J.S.A. 30:4- - 123.53, 'the court may order compassionate release' if it finds clear ... on a date different than the one otherwise applicable under N.J.S.A. 30:4- - 123.53(a) to the State Parole Board's parole release decisions ...

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

4 STATE OF NEW JERSEY v. F.E.D., -- rank: 802

... 51e(f)(1) (stating that such release is '[n]otwithstanding' N.J.S.A. 30:4-123.53). As the Commission proposed, Sentencing Commission Report at 31, the ... reasonable expectation that [an] inmate will violate conditions of parole,' N.J.S.A. 30:4-123.53(a) (emphasis added), and the Criminal Justice Reform Act refers ... which refers to 'a reasonable expectation' someone will violate parole, N.J.S.A. 30:4-123.53(a), or the Criminal Justice Reform Act, which refers to ...

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

5 A-52-14 -- rank: 705

... likelihood” the individual would commit a crime if released. See N.J.S.A. 30:4-123.53(a) (1979), amended by N.J.S.A. 30:4-123.53(a) (1997) and N.J.S.A. 30:4-123 ...

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

6 /usr/local/share/www/libweb/collections/courts/supreme/a-56-57-21.opn.html -- rank: 647

... the Act outlines the following standard: Notwithstanding the provisions of [ N.J.S.A. 30:4- 123.53(a)], the court may order the compassionate release of an ... of their failure to cooperate in their own rehabilitation, see N.J.S.A. 30:4-123.53(a), are not barred from seeking compassionate release, see N ...

docket:
court:
decided:
status:
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Document Size:	78397

7 SUNDIATA ACOLI v. NEW JERSEY STATE PAROLE BOARD -- rank: 612

... of this State if released on parole at such time.' N.J.S.A. 30:4-123.53 (amended 1997). The Board utilized this correct standard during the ... this State if the Board grants him parole. 7 See N.J.S.A. 30:4-123.53(a). Affirmed. 7 We note the Board's December 22 ... that the inmate will commit another crime if released. 2 N.J.S.A. 30:4-123.53(a) (1979); see also N.J.A.C. 10A:71 ... conditions of parole . . . if released on parole at that time.' N.J.S.A. 30:4-123.53. A-5645-16T2 7 In re Parole Application of Hawley ...

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

8 Trantino v. New Jersey State Parole Board -- rank: 604

... 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 is ...

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

9 STEPHEN D. PERRY v. NEW JERSEY STATE -- rank: 601

... 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 the ... 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 ... an inmate's separate sentences. Therefore, we must determine whether N.J.S.A. 30:4-123.53 may be applied retroactively. We recently stated: As a general ...

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

10 EUGENE BERTA v. NEW JERSEY STATE PAROLE BOARD -- rank: 598

... 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' is ... 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 by ... 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 in ...

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

11 LEANDER WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 590

... 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 shown by ... facility if the inmate would not otherwise be released under N.J.S.A. 30:4-123.53. See N.J.S.A. 30:4-123.59(d ...

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

12 An Order to Show Cause to Address the Release of Certain Individuals Serving Sentences in State Prisons and Juvenile Facilities -- rank: 588

... 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 released ... such time.” This Court observed that the language in N.J.S.A. 30:4-123.53(a) -- “shall be released . . . unless” -- “parallel[ed] the ... Parole Bd., 62 N.J. 348, 359 (1973); see also N.J.S.A. 30:4-123.53(a). Nonetheless, the “difficulty in gauging whether a parole ...

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

13 DARRYL JINKS v. NEW JERSEY STATE PAROLE BOARD -- rank: 588

... for the conduct leading to the revocation." Id. at 450. N.J.S.A. 30:4-123.53 provides that an inmate shall be released on his or ... to other parolee release decisions made by the Board. See N.J.S.A. 30:4-123.53; N.J.S.A. 30:4-123.56. Accordingly, in ...

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

14 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. , 336 ... 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). This ... 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 respect ... 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. 213, � ...

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

15 WILLIE WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 542

... 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 the ... 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 parole release ... been 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 on ...

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