Bill Text: NJ S53 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides for presumptive parole; establishes parole compliance credits; requires inmate disciplinary database; bases commutation credits on custodial sentence.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S53 Detail]
Download: New_Jersey-2016-S53-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Co-Sponsored by:
Senators Weinberg, Vitale and P.Barnes, III
SYNOPSIS
Provides for presumptive parole; establishes parole compliance credits; requires inmate disciplinary database; bases commutation credits on custodial sentence.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning parole, designated as the Presumptive Parole Act, and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1979, c.441 (C.30:4-123.53) is amended to read as follow:
9. a. An adult inmate shall be released on parole at the time of parole eligibility, unless information supplied in the report filed pursuant to section 10 of P.L.1979, c.441 (C.30:4-123.54) or developed or produced at a hearing held pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) indicates by a preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) if released on parole at that time. [In reaching such determination, the] The board panel or board shall state on the record the reasons [therefor.
For the purposes of this subsection, "failed to cooperate in his or her own rehabilitation" shall include, in the case of an inmate who suffers from mental illness as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) that does not require institutionalization, that the inmate failed to fully participate in or cooperate with all prescribed treatment offered during incarceration] for a determination, specifically stating on the record evidence supporting a denial of parole based on factors that may be deemed as subjective including, but not limited to: lack of insight, lack of remorse, and minimization of offending conduct.
b. A juvenile inmate shall be released on parole when it shall appear that the juvenile, if released, will not cause injury to persons or substantial injury to property.
c. Notwithstanding the provisions of subsection a. of this section, an adult inmate shall be released on parole at the time of primary parole eligibility provided that:
(1) the inmate has not been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated in subsection d. of N.J.S.2C:43-7.2; subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); or section 3 of P.L.1998, c.71 (C.30:4-27.26);
(2) the inmate has not committed any prohibited acts required to be reported to the prosecutor pursuant to regulations promulgated by the commissioner during the current period of incarceration; and
(a) for an inmate serving a sentence of five years or less, has not committed a prohibited act considered to be the most serious by the Department of Corrections during the current period of incarceration and has not committed any prohibited act during the six months prior to parole eligibility; or
(b) for an inmate serving a sentence of more than five years, has not committed any prohibited act considered to be the most serious by the Department of Corrections during the five years prior to parole eligibility and has not committed any prohibited act during the six months prior to parole eligibility;
(3) the inmate has completed relevant rehabilitation programs available at the correctional facility or applied for but was unable to complete or was denied access to these programs due to circumstances beyond the inmate's control, including, but not limited to capacity limitations or exclusionary policies of these programs; and
(4) crime victims have received notification as required by law.
d. In the case of an inmate who meets the criteria set forth in this subsection, a hearing shall not be required pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55). An inmate released on parole pursuant to subsection c. of this section shall, during the term of parole supervision, remain in the legal custody of the Commissioner of Corrections, be supervised by the Division of Parole of the State Parole Board, and be subject to the provisions and conditions established by the appropriate board panel in accordance with the procedures and standards set forth in section 15 of P.L.1979, c.441 (C.30:4-123.59). If the parolee violates a condition of parole, the parolee shall be subject to the provisions of sections 16 through 19 of P.L.1979, c.441 (C.30:4-123.60 through C.30:4-123.63) and may have his parole revoked and be returned to custody. If revocation and return to custody are deemed appropriate, the appropriate board panel shall revoke the parolee's release and return the parolee to custody and confinement pursuant to the provisions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
e. A criminal justice program at a four-year public institution of higher education in this State shall conduct a study of all inmates whose primary parole eligibility date was within the five years immediately preceding the enactment of P.L. c. (pending before the Legislature as this bill) and five years immediately following the enactment of P.L. c. (pending before the Legislature as this bill). The study shall include, but not be limited to, the number of inmates who met the criteria set forth in subsection c. of this section, the number of inmates who did not meet the criteria, and the reasons an inmate did not meet the criteria.
(cf: P.L.1998, c.112, s.1)
2. (New section) Notwithstanding the provisions of subsection a. of section 7 of P.L.1979, c.441 (C.30:4-123.51), any person granted parole, except a person serving a parole term set forth in subsection c. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) or section 2 of P.L.1994, c.130 (C.2C:43-6.4) shall have his parole term reduced by parole compliance credits at a rate of five days per month for each month the person is in compliance with the conditions of parole and has not committed an infraction. Any person granted parole who is not in compliance with the conditions of parole and receives a sanction requiring satisfaction of a condition of parole shall not receive parole compliance credits until the parole condition is successfully completed. Upon completing the condition, parole compliance credits shall be awarded for the time period between imposition of a sanction and completion of the condition.
3. (New section) The Commissioner of Corrections shall establish and maintain a centralized database of information contained on each disciplinary report prepared by a corrections officer in response to an inmate committing a prohibited act that is subject to disciplinary action, a sanction, or both.
4. R.S.30:4-140 is amended to read as follows:
30:4-140. For every year or fractional part of a year of a custodial sentence imposed upon any person [committed to any State correctional institution for a minimum-maximum term] there shall be remitted to him from both the maximum and minimum term of his sentence, for continuous orderly deportment, the progressive time credits indicated in the schedule herein. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then time credits in reduction of such fractional part of a year shall be calculated at the rate set out in the schedule for each full month of such fractional part of a year of sentence. [No time credits shall be calculated as provided for herein on time served by any person in custody between his arrest and the imposition of sentence.] In case of any flagrant misconduct the board of managers may declare a forfeiture of the time previously remitted, either in whole or in part, as to them shall seem just.
Schedule
A B C
Progressive Credits Credits for Each Full
for Minimum and Month of Fractional
Minimum and
Maximum Sentences Part of a Year in
Maximum Sentences in Years Excess of Column A
in Years (days) (days)
1 72 7
2 156 8
3 252 8
4 348 8
5 444 8
6 540 8
7 636 10
8 756 10
9 876 10
10 996 10
11 1,116 10
12 1,236 11
13 1,368 11
14 1,500 11
15 1,632 11
16 1,764 11
17 1,896 12
18 2,040 12
19 2,184 12
20 2,328 12
21 2,472 12
22 2,616 13
23 2,772 13
24 2,928 13
25 3,084 15
26 3,264 15
27 3,444 15
28 3,624 15
29 3,804 15
30 3,984 16
Any sentence in excess of 30 years shall be reduced by time credits for continuous orderly deportment at the rate of 192 days for each such additional year or 16 days for each full month of any fractional part of a year. Nothing herein contained shall be deemed to limit or affect a convict's eligibility for parole consideration as provided for in section 10, chapter 84, P.L.1948, as amended, in any situation where the sentence or consecutive sentences imposed upon a convict shall exceed 25 years.
(cf: P.L.1957, c.27, s.1)
5. (New section) The Commissioner of Corrections shall allocate a portion of any cost savings realized from the enactment of P.L. , c. (pending before the Legislature as this bill) to the Office of Victim Services for the operating costs of the Focus on the Victim Program and other services to facilitate inmates' successful reentry.
6. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill provides for presumptive parole of inmates who meet certain conditions. Under the bill, an adult inmate would be released on parole at the time of primary parole eligibility date if:
1) the inmate has not been convicted of a violent crime under the No Early Release Act, a sex offense under Megan's Law, or a sexually violent offense;
2) the inmate has not committed certain prohibited acts required to be reported to the county prosecutor during the current term of incarceration, has not committed any serious disciplinary infraction within the previous five years, and has not committed any infraction in the last six months.
3) the inmate has completed relevant rehabilitation programs during incarceration, or made application to participate in these programs but was unable to do so because of circumstances beyond the inmate's control; and
4) crime victims have received required notification.
A parole hearing would not be required under the bill if the inmate meets these criteria. During the term of parole supervision, an inmate released on parole pursuant to the bill's provisions would remain in the legal custody of the Commissioner of Corrections, be supervised by the Division of Parole of the State Parole Board, and be subject to the provisions and conditions established by the appropriate board panel. If appropriate, parole may be revoked and the inmate returned to custody and confinement until the inmate is again eligible to be considered for release pursuant to Parole Board regulations.
The bill requires a study to be conducted by a criminal justice program of a four-year public institution of higher education in this State to determine the impact on the inmate population of presumptive parole as established in the bill.
For inmates being considered for parole who are not eligible for presumptive parole, the bill requires the Parole Board to state on the record evidence supporting a denial of parole that is based on factors that may be deemed to be subjective, including lack of insight, lack of remorse, and minimization of offending conduct.
The bill also establishes parole compliance credits that will be subtracted from the inmate's parole discharge date at a rate of five days per month. The purpose of these credits is to encourage inmates on parole to engage, participate, and comply with all conditions of their parole.
The bill further directs the Commissioner of Corrections to establish and maintain a centralized database of information contained on each disciplinary report prepared by a corrections officer in response to an inmate committing a prohibited act that is subject to disciplinary action, a sanction, or both.
Additionally, the bill establishes that commutation credits are to be awarded based on the custodial sentence that is imposed. Currently, commutation credits are awarded based only on the sentence served in a State correctional facility. Current law denies commutation credits to inmates who serve time in a county jail prior to serving the State sentence.
Finally, the bill requires the Commissioner of Corrections to allocate a portion of any cost savings realized from the bill's enactment to the Office of Victim Services for the operating costs of the Focus on the Victim Program and other services to facilitate inmates' successful reentry.
