Supreme Court of New Jersey

In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings, and Identify Vulnerable Prisoners…

June 5, 2020

Summary

The Supreme Court of New Jersey declined to grant the broad judicial furlough program sought by the Public Defender and ACLU, holding that the courts lack authority to create such a program, but recognized that Executive Order 124 creates a sufficient expectation of eligibility for medical furloughs, thereby triggering limited due‑process protections; inmates may seek relief directly under Rule 3:21-10(b)(2) without exhausting the executive process, and agency decisions are reviewed deferentially. The matter was remanded to the Department of Corrections for further proceedings.