On appeal from a Final Decision of the New Jersey State Parole Board.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 5, 2010
Before Judges Skillman and Yannotti.
Appellant Jeffrey Cameron appeals from a final decision of the Parole Board that denied his application for parole and established a future parole eligibility term of 120 months. We affirm the denial of parole, but reverse the future parole eligibility term and remand to the Board to establish a parole eligible term that will make appellant eligible for parole consideration in no more than thirty-six months.
Appellant is serving a life term for an aggravated manslaughter committed in 1983. He has completed the twenty-five-year period of parole ineligibility imposed as part of that sentence.
Appellant committed a significant number of prison disciplinary infractions during the first thirteen years of his sentence. However, he has not committed any disciplinary infractions over the last decade.
The psychological evaluation of appellant conducted in connection with his application from parole concluded that he has "a medium to moderate chance for recidivism."
The Parole Board gave the following reasons for denying appellant's application for parole:
[P]rior criminal record is extensive and repetitive; nature of criminal record increasingly more serious; committed new offenses on parole but status not formally revoked; prior opportunities on probation and parole have failed to deter criminal behavior; prior opportunity on parole has been violated in the past; prior incarcerations did not deter criminal behavior and you committed your most recent institutional infraction *204, use of any prohibited substance such as drugs, intoxicants or related paraphernalia on March 28, 1998.
The Board gave these additional reasons for denying appellant parole:
[B]ased on your responses to questions posed by the Panel at the time of the hearing and documentation in the case file, the Panel appropriately determined that you exhibit insufficient problem resolution, specifically, that you lack insight into your criminal behavior, minimize your conduct and have not sufficiently addressed your substance abuse problem. . . . In addition, the Panel noted that you have not attempted to address a serious ongoing addiction and you do not understand your anti-social criminal behavior.
However, the Board also noted certain mitigating factors applicable to consideration of appellant's release on parole:
[P]articipation in programs specific to behavior, participation in institutional programs, average to above average institutional reports, and attempts made to ...