On appeal from a Final Decision of the New Jersey State Parole Board.
Antell, Deighan and Landau. The opinion of the court was delivered by Landau, J.A.D.
[221 NJSuper Page 382] Since enactment of the Parole Act of 1979 (N.J.S.A. 30:4-123.45), the New Jersey Parole Board has uniformly interpreted the act as permitting it to decline to enter into any parole agreements.
It has, therefore, never implemented by regulation a parole agreement program as authorized by section 23 (N.J.S.A. 30:4-123.67) of that act.
Daniel Raymond, who is now serving a life sentence for murder, has sought unsuccessfully to gain early parole through such an agreement, and also by means of the "exceptional progress" early release provisions of section 8 of the act. (N.J.S.A. 30:4-123.52)
Raymond appeals the denial of each of those applications, asserting:
I. THE FAILURE OF THE NEW JERSEY STATE PAROLE BOARD TO PROMULGATE STANDARDS FOR N.J.S.A. 30:4-123.67 IS A VIOLATION OF DUE PROCESS OF LAW.
II. THE NEW JERSEY STATE PAROLE BOARD'S ENACTMENT OF N.J.A.C. 10A:71-3.5 VIOLATES THE LEGISLATIVE INTENT OF N.J.S.A. 30:4-123.52.
Section 23 of the Parole Act (N.J.S.A. 30:4-123.67 provides:
a. The appropriate board panel and the Department of Corrections may enter into formal agreements with officials of the board, officials of the Department of Corrections and individual parolee or inmates reduced to writing and signed by all parties, which agreements stipulate individual programs of education, training, or other activity which shall result in a specified reduction of the parolee's parole term pursuant to section 22 of this act or the inmate's primary parole eligibility date pursuant to section 8 of this act, upon such successful completion of the program.
b. Any parolee or inmate shall be permitted to apply to the board for such an agreement. The board panel shall review all such applications and may approve any application consistent with eligibility requirements ...