Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires revocation of parole for assaulting or threatening law enforcement officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning revocation of parole and amending P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 16 of P.L.1979, c.441 (C.30:4-123.60) is amended to read as follows:
16. a. Any parolee who violates a condition of parole may be subject to an order pursuant to section 17 of P.L.1979, c.441 (C.30:4-123.61) providing for one or more of the following:
(1) that he be required to conform to one or more additional conditions of parole;
(2) that he forfeit all or a part of commutation time credits granted pursuant to R.S.30:4-140.
An order as described in this subsection shall not be based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
b. (1) Any parolee who has seriously or persistently violated the conditions of [his] parole, may have [his] parole revoked and may be returned to custody pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63). The board shall be notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed an act which, if committed by an adult, would constitute a crime. The board shall not revoke parole on the basis of new charges which have not resulted in a disposition at the trial level except that upon application by the prosecuting authority or the Director of the State Parole Board's Division of Parole or [his] the director's designee, the chairman of the board or [his] the chairman's designee may at any time detain the parolee and commence revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63) when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. In such cases, a parolee shall be informed that, if [he] the parolee testifies at the revocation proceedings, [his] the parolee's testimony and the evidence derived therefrom shall not be used against [him] the parolee in a subsequent criminal prosecution.
(2) An action to revoke parole as described in this subsection shall not be based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
c. The parole of any parolee who is convicted of a crime committed while on parole shall be revoked and the parolee shall be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing pursuant to section 19 of P.L.1979, c.441 (C.30:4-123.63), that good cause exists why the parolee should not be returned to confinement.
d. Notwithstanding the provisions of subsection b. of this section, upon notice by the appropriate law enforcement agency or prosecuting authority, the chairman of the board or the chairman's designee shall detain a parolee and commence revocation proceedings on the basis of an arrest or indictment for assaulting a law enforcement officer in violation of N.J.S.2C:12-1 or a report that the parolee threatened to kill or cause physical harm to a law enforcement officer, or a member of the law enforcement officer's family with the purpose to put that law enforcement officer in imminent fear of death or physical harm under circumstances that cause the law enforcement officer to believe the immediacy of the threat and the likelihood that it will be carried out.
The provisions of this subsection shall apply to a parolee who assaults or threatens a retired law enforcement officer because of the retired officer's former status as an active duty law enforcement officer.
For the purposes of this subsection, "member of the law enforcement officer's family" means the threatened officer's spouse; parent; child, whether related by blood, marriage, adoption, or other legal custody; or other relative who resides with the threatened law enforcement officer.
(cf: P.L.2021, c.19, s.14)
2. This act shall take effect immediately.
STATEMENT
This bill requires the Chairman of the Parole Board to detain a parolee and commence revocation proceedings when an offender is arrested or indicted for assaulting a law enforcement officer or when a parolee threatens to kill or cause physical harm to a law enforcement officer, or a member of the law enforcement officer's family.
Under current law, the parole board is notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed a criminal act. The board is prohibited from revoking parole on the basis of new charges which have not resulted in a disposition at the trial level. However, upon application by the prosecuting authority, the Juvenile Justice Commission or the Director of the State Parole Board's Division of Parole, the chairman of the parole board or the chairman's designee may at any time detain the parolee and commence revocation proceedings when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety.
This bill requires a parolee to be detained and parole revocation proceedings to commence on the basis of an arrest or indictment of a parolee who assaulted a law enforcement officer or a report that the parolee threatened to kill or cause physical harm to a law enforcement officer, or a member of the law enforcement officer's family. In order to have parole revoked, the bill requires the threat to be made with the purpose to put the law enforcement officer in imminent fear of death or physical harm under circumstances that cause the law enforcement officer to believe the immediacy of the threat and the likelihood that it will be carried out. The bill also would apply to a parolee who assaults or threatens a retired law enforcement officer on the basis of the retired officer's former status as an active duty law enforcement officer.