arguments on all matters directly relevant to the parole of
the inmate. Id. at 376.
On January 12, 1984, the Parole Act was amended,
effective, July 10, 1984, to provide that the prosecutor at
the time of sentencing notify any victim injured as a result
of a crime of the first or second degree or the nearest
relative of a murder victim of the opportunity to present
a statement to be considered at the parole hearing or to
testify to the Parole Board concerning harm suffered.
N.J.S.A. 30:4-123.54(b)(2). The Parole Act was further
amended (L.1999, c.304, § 1), effective December 29,
1999, to permit victims to submit a written or
videotaped statement in lieu of testifying. N.J.S.A. 30:4-
123.54(b)(2).
The State Parole Board is required to notify the
prosecutor in writing of an inmate’s consideration for
parole in cases where notice to victims is required (victims
of first and second degree crimes or nearest relative of
murder victim). N.J.S.A. 30:4-123.55a(1).
The State Parole Board shall notify the prosecutor in
writing of any application by an inmate for commutation
of sentence. N.J.S.A. 30:123.55a(2).
The Supreme Court in the case of In re Hawley, 98
N.J. 108 (1984), aff’g 192 N.J. Super. 85 (App. Div.
1984), held that the prosecutor has the right and the
authority to appeal any Parole Board decision granting
parole to a state prison inmate. Id. at 113. The Court also
found that neither the Constitution nor any statute
required the Board to furnish the prosecutor with a
statement of reasons for its decision to release a prisoner.
Id. Nevertheless, the Court urged the Board to reconsider
its policy and, in those few sensitive cases in which the
prosecutor participates in a Trantino hearing, to furnish,
upon the prosecutor’s request, a statement of reasons why
it granted parole. 98 N.J. at 117. The Court believed
that such a statement would alleviate any concern the
public may have about the reasonableness of the Board’s
decision. Id.
In Tyehimba v. New Jersey Parole Board, 214 N.J.
Super. 62 (App. Div. 1986), a prisoner appealed the
Parole Board’s decision denying him a full-step reduction
in his sentence but allowing him a half-step reduction as
authorized by N.J.S.A. 30:4-123.5(j). In accordance
with the Parole Act of 1979 and the procedures set forth
in N.J. Parole Board v. Byrne, 93 N.J. 192 (1983), the
county prosecutor filed a written statement of reasons for
his objection to a whole-step reduction in defendant’s
eligibility date. Defendant filed a response to the
prosecutor’s statement of reasons; nevertheless, the
Parole Board allowed only a half-step reduction.The appellate court found that the procedure
followed by the Parole Board was exactly that set forth by
the Supreme Court in N.J. Parole Board v. Byrne, supra,
and thus the Board did not act in an arbitrary and
capricious manner. The Court also found that no bases
for appeal existed simply because defendant and
prosecutor disagreed over the details of the offense and
defendant’s role therein. Thus, the decision of the Board
was affirmed.VII. RELEASE NOTIFICATION TO PROSECU-
TORS & VICTIMS
The Department of Corrections (DOC) is required
to provide written notice to the prosecuting authority
(County Prosecutor or Attorney General) of the
anticipated release from custody or review by
Institutional Classification Committee which may result
in any residential community release program (half-way
house) of any person convicted of murder, manslaughter,
aggravated sexual assault, sexual assault, aggravated
criminal sexual contact, aggravated assault, kidnapping
of child, endangering welfare of child through sexual
conduct, luring or enticing, or any other offense involving
serious bodily injury or attempts to commit the listed
offenses. N.J.S.A. 30:4-123.53a(b).Notice should be provided by the DOC to the
prosecutor at least 30 days before the inmate’s release and
the prosecutor, through the Office of Victim-Witness
Advocacy, shall use reasonable means to notify the victim
of the anticipated release date. N.J.S.A. 30:123.53a(d).In cases involving consideration of residential
community release, the Attorney General or County
Prosecutor has 10 working days to submit comments to
DOC. N.J.S.A. 30:4-91.8b(1). The prosecutor,
through the Office of Victim-Witness Advocacy, shall use
reasonable means to notify the victim of the inmate’s
consideration for community release. The victim has 10
days to submit written comments to DOC. N.J.S.A.
30:4-91b(2).VIII. RELEASE OF ADULT STATE INMATES
Each adult inmate sentenced to a specific term of
years at State Prison or the correctional institution for
women shall become primarily eligible for parole after
having served any judicial or statutory minimum term, or