Bill Text: NJ S1792 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits forfeiture of inmate's commutation credits for minor disciplinary infractions and expands inmate's ability to restore certain forfeited credits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1792 Detail]
Download: New_Jersey-2024-S1792-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Prohibits forfeiture of inmate's commutation credits for minor disciplinary infractions and expands inmate's ability to restore certain forfeited credits.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning inmate commutation credits, amending R.S.30:4-140 and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Except as otherwise provided in this Title, commutation credits forfeited by an inmate shall be restored in accordance with this section.
b. The Commissioner of Corrections shall determine, not less than every three months, whether an inmate is eligible for the restoration of forfeited commutation credits. Immediately following the review, the commissioner shall notify the inmate and the appropriate correctional facility classification officer that an inmate is eligible for restoration. The classification officer shall immediately evaluate the inmate's eligibility for restoration and, upon determining that an inmate is eligible for restoration, the classification officer shall certify that the inmate is eligible for restoration and shall forward the certification to the ombudsperson, who shall approve the restoration of credits.
c. Commutation credits forfeited for a civil action or proceeding filed by an inmate that is determined to be frivolous by the court shall not be eligible for restoration.
d. Commutation credits forfeited for failure to participate in sex offender treatment in accordance with subchapter 5 of Chapter 9 of Title 10A of the New Jersey Administrative Code shall not be eligible for restoration.
e. An inmate approaching the expiration of the maximum sentence, who is otherwise eligible for restoration of forfeited commutation credits in accordance with subchapter 5 of Chapter 9 of Title 10A of the New Jersey Administrative Code, shall be eligible to receive only that portion of the restored commutation credits that allows for all timely release notifications required under applicable statutes and regulations.
f. Commutation credits forfeited for a disciplinary charge shall be restored as follows:
(1) Up to 100 percent of the forfeited commutation credits may be restored over the two year period following the incident which resulted in the loss of commutation credits, provided the two years run consecutively, calculated from the date of the incident. Credits shall be restored at the rate of 50 percent for each year the inmate is in custody and is free of any serious disciplinary charges that have been substantiated.
(2) Credits shall be restored in accordance with this subsection regardless of the inmate's housing.
g. An inmate who receives a parole date at any point in the second one-year period and has been without a serious disciplinary charge that has been substantiated during both the first and second one year periods may, at the discretion of the Commissioner of Corrections, and for good cause shown, have the commutation credits which the inmate could earn in the second year period restored on a prorated basis. A grant of credits on a prorated basis pursuant to this paragraph shall be applicable only if the parole date falls in the second one-year period and only if the inmate has had 50 percent of the forfeited credits already restored.
h. An inmate under the jurisdiction of the Office of Interstate Services may submit an application for restoration of commutation credits lost to the classification officer of the Office of Interstate Services. A review of the inmate's eligibility on restoration of credits by the classification officer shall be made in accordance with this section and forwarded to the supervisor of the Office of Interstate Services who shall make the restoration determination.
i. An inmate housed at a residential community release agreement program may submit an application for restoration of commutation credits to the commissioner of the regional correctional facility with responsibility for the inmate. The classification officer of the correctional facility shall review the application. A review of the inmate's eligibility on restoration of credits by the classification officer shall be made in accordance with this section and forwarded to the commissioner, who shall make the restoration determination.
j. An inmate serving a State prison sentence in an adult county correctional facility may submit an application for restoration of commutation credits to the administrator or a superintendent who serves as the chief executive officer of the Central Reception and Assignment Facility. The classification officer of the facility shall review the application. A review of the inmate's eligibility for restoration of credits by the classification officer shall be made in accordance with this section and forwarded to the administrator or a superintendent who serves as the chief executive officer, who shall make the restoration determination.
2. 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 there shall be remitted to the person from both the maximum and minimum term of the person's sentence, for continuous orderly deportment, the progressive time credits indicated in the schedule in this section. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then time credits in reduction of the fractional part of a year shall be calculated at the rate set out in the schedule for each full month of the fractional part of a year 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 they deem just] in accordance with rules and regulations promulgated by the chairman except that any time previously remitted shall not be forfeited for Category E level disciplinary infractions as provided in Chapter 9 of Title 10A of the New Jersey Administrative Code.
|
A |
B |
C |
|
Minimum and Maximum Sentences in Years |
Progressive Credits for Minimum and Maximum Sentences in Years (days) |
Credits for Each Full Month of Fractional Part of a Year in Excess of Column A (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 additional year or 16 days for each full month of any fractional part of a year. Nothing in this section shall be deemed to limit or affect an inmate's eligibility for parole consideration as provided for in section 10 of P.L.1948, c.84 (C.30:4-123.1 et seq.), as amended, in any situation where the sentence or consecutive sentences imposed upon an inmate shall exceed 25 years.
(cf: P.L. 2019, c.364, s.11)
3. This act shall take effect immediately.
STATEMENT
This bill prohibits forfeiture of an inmate's commutation credits for minor disciplinary infractions and expands an inmate's ability to restore certain forfeited credits.
Under current law, an inmate is entitled to receive commutation credits for remission from the inmate's sentence for continuous orderly deportment. However, credits are not to reduce any judicial or statutory mandatory minimum term imposed. In the case of any flagrant misconduct, the board of managers of the correctional facility may declare a forfeiture of the time previously remitted, either in whole or in part, at the board's discretion.
The bill prohibits the forfeiture of commutation credits for less serious, Category E level, disciplinary infractions, as set forth in the New Jersey Administrative Code. Several examples of Category E level infractions are: loaning of property or anything of value; mutilating or altering clothing issued by the government; violating a condition of any Residential Community Release Program; unexcused absence from work or any assignment; being late for work; malingering, feigning an illness; failing to perform work as instructed by a staff member; using abusive or obscene language to a staff member; failure to follow safety or sanitation regulations; unauthorized use of equipment or machinery; unauthorized use of mail or telephone; correspondence or conduct with a visitor in violation of regulations; and failure to keep a scheduled appointment with medical, dental, or other professional staff.
Certain commutation credits may be restored under current law, in accordance with relevant provisions of the New Jersey Administrative Code. Commutation credits forfeited for a civil action or proceeding filed by an inmate that is determined to be frivolous, or for failure to participate in sex offender treatment are not eligible for restoration. Up to 75 percent of credits forfeited for disciplinary charges may be restored over the three year period following the incident which resulted in the loss of commutation credits, provided the three years run consecutively from the date of the incident. Credits are to be restored at the rate of 25 percent for each year the inmate is in custody and is free of any serious disciplinary charges that have been substantiated.
This bill codifies the procedures for restoration of forfeited credits. Under the bill, up to 100 percent of the commutation credits forfeited for a disciplinary charge may be restored over the two year period following the incident which resulted in the loss of commutation credits, provided the two years run consecutively from the date of the incident. Credits are to be restored at the rate of 50 percent for each year the inmate is in custody and is free of any serious disciplinary charges that have been substantiated.
