On appeal from a final decision of the New Jersey State Parole Board.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted August 25, 2009
Before Judges Sabatino and Chambers.
George Vasquez, an inmate at the Northern State Prison, appeals from the determination of the State Parole Board (Board) denying his parole and imposing a thirty-month future eligibility term (FET). He is serving an aggregate sentence of fourteen years with seven years of parole ineligibility on his convictions for possession of a prohibited weapon, N.J.S.A. 2C:39-3(b) (third degree), and certain persons not to have weapons, N.J.S.A. 2C:39-7(b) (second degree). While he was acquitted by a jury of the related charge of terroristic threats, he was convicted of harassment, and sentenced to thirty days in the county jail on that charge.
In 2006, while imprisoned, Vasquez incurred four related institutional disciplinary infractions of escape, disruptive conduct, misuse of electronic equipment, and theft, resulting in administrative segregation and loss of commutation time.
Vasquez's prior record consists of a municipal court charge in New Jersey for receiving stolen property in 1987 and two robbery convictions in New York State in 1990. He was imprisoned and then placed on parole for the offenses committed in New York State. He has no record of parole violations.
Vasquez first became eligible for parole on October 31, 2008. Prior to that time, on May 16, 2008, he received his initial review by a hearing officer who referred the matter to the Board's Panel. The hearing officer's case summary erroneously states that Vasquez was convicted of terroristic threats and indicates that he relied on the arrest reports in weighing the serious nature of the charges. In fact, as we have already noted, Vasquez was acquitted of terroristic threats. While he was convicted of harassment, he was sentenced to thirty days in the county jail for that conviction, so he is not in state prison on that offense. The Board Panel gave the following reasons for denying parole:
Prior criminal record noted.
Nature of criminal record increasingly more serious.
Presently incarcerated for multi crime conviction.
Prior opportunity(. . .) on community supervision (. . . parole) has . . . failed to deter criminal behavior.
Prior incarceration(s) did not deter criminal behavior.
Institutional infraction(s): . . . serious in nature; loss of commutation time; . . . Administrative Segregation . . . . Last infraction: 9/16/05 - Escape. Insufficient problem(s) resolution. Specifically:  Lack of insight ...