30:4-123.60 Violation of parole conditions.
479 words·~2 min read·
/nj/title-30/chapter-4/30-4-123-60·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
16. a. Any parolee who violates a condition of parole may be subject to an order pursuant to section 17 of P.L.1979, c.441 (C.30:4-123.61) providing for one or more of the following:
(1)that he be required to conform to one or more additional conditions of parole;
(2)that he forfeit all or a part of commutation time credits granted pursuant to R.S.30:4-140.
An order as described in this subsection shall not be based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph
(12)of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph
(3)of subsection a. of N.J.S.2C:35-10.
b.
(1)Any parolee who has seriously or persistently violated the conditions of his parole, may have his parole revoked and may be returned to custody pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63). The board shall be notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed an act which, if committed by an adult, would constitute a crime. The board shall not revoke parole on the basis of new charges which have not resulted in a disposition at the trial level except that upon application by the prosecuting authority or the Director of the State Parole Board's Division of Parole or his designee, the chairman of the board or his designee may at any time detain the parolee and commence revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63) when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. In such cases, a parolee shall be informed that, if he testifies at the revocation proceedings, his testimony and the evidence derived therefrom shall not be used against him in a subsequent criminal prosecution.
(2)An action to revoke parole as described in this subsection shall not be based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph
(12)of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph
(3)of subsection a. of N.J.S.2C:35-10.
c. The parole of any parolee who is convicted of a crime committed while on parole shall be revoked and the parolee shall be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing pursuant to section 19 of P.L.1979, c.441 (C.30:4-123.63), that good cause exists why the parolee should not be returned to confinement.
L.1979, c.441, s.16; amended 1992, c.156, s.2; 1995, c.280, s.40; 2001, c.79, s.11; 2001, c.141, s.5; 2019, c.363, s.13; 2021, c.19, s.14.