CARLOS COLON VS. NEW JERSEY STATE PAROLE BOARD NEW JERSEY STATE PAROLE BOARD)
A-1468-15T3
N.J. Super. Ct. App. Div.May 30, 2017Background
- Carlos Colon pled guilty (May 10, 1985) to first‑degree murder (merged robbery and weapons counts) and received life with 30 years parole ineligibility.
- Colon first became eligible for parole consideration in September 2014.
- A two‑member Parole Board panel denied parole, citing Colon’s extensive criminal history, prior failures under community supervision, eleven in‑prison disciplinary infractions, lack of insight into his conduct, and absence of remorse.
- A three‑member panel then recommended a 90‑month Future Eligibility Term (FET); the full Board ratified the FET and parole denial.
- Colon appealed pro se, arguing the Board’s decision was arbitrary and capricious, the 90‑month FET was excessive, and two members who sat on the initial denial could not participate in the FET panel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s parole denial was arbitrary and capricious | Colon: decision lacks sufficient evidence and is arbitrary | Board: decision supported by record — criminal history, infractions, lack of insight/remorse | Denial affirmed; Board decision not arbitrary or capricious |
| Whether 90‑month FET is excessive | Colon: FET unreasonably long | Board: FET permissible where ordinary guideline inappropriate due to lack of progress in reducing future risk | 90‑month FET upheld as not arbitrary under N.J.A.C. guidelines |
| Whether Board members who sat on initial denial could serve on panel setting FET | Colon: members Henderson and Jefferson were disqualified from FET determination | Board: three‑member panel set FET independently; the three recused from full Board review; rule prohibits review of member’s own initial decision, not participation in separate FET setting | Rejected; participation here did not violate N.J.A.C. 10A:71‑1.5(b) |
Key Cases Cited
- Trantino v. N.J. State Parole Bd., 166 N.J. 113 (2001) (articulates limited, deferential standard of review for parole board decisions)
- Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1 (1979) (parole decisions involve discretionary assessments of imponderables)
- Beckworth v. N.J. State Parole Bd., 62 N.J. 348 (1973) (recognizes individualized discretion in parole decision‑making)
- McGowan v. N.J. State Parole Bd., 347 N.J. Super. 544 (App. Div. 2002) (applies deferential standard to parole board factual findings)
- N.J. State Parole Bd. v. Cestari, 224 N.J. Super. 534 (App. Div.) (addresses standards for overturning parole board factual findings)