07-12-07 A-3928-05T3
Four years after his release from prison, appellant, who is
serving a term of community supervision for life, N.J.S.A.
2C:43-6.4(b), was ordered to abide by a curfew, which required
confinement to his residence every day from 8:00 p.m. to 7:00
a.m., for an indefinite period of time. The court held that
N.J.A.C. 10A:71-6.11(l), which governs the manner in which a
curfew may be imposed by the Parole Board as a special
condition, provides an inadequate procedural framework upon
which to rest this limitation on appellant's liberty interests
and deprived him of a meaningful opportunity to be heard. The
matter was remanded for further proceedings consistent with due
process.
Judge Wefing filed a dissenting opinion.
