New Jersey-2010-S3109-Introduced

An Act concerning parole, supplementing Title 30 of the Revised Statutes, and amending P.L.1979, c.441.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that:

a. More than a third of all offenders admitted to state prisons nationally are returning for a violation of the conditions of their parole, rather than for having committed a new crime. Incarcerating offenders for technical parole violations is significantly more costly than punishing offenders using community-based sanctions;

b. The decision to incarcerate offenders for technical parole violations must be made using a reasonable and systematic basis to insure that prison space is used to house those offenders who constitute a serious threat to the public safety while using community-based sanctions for those offenders who do not pose a threat to public safety;

c. To protect the public, the criminal justice system must compel compliance with the conditions of parole by responding to violations with sanctions that are swift, certain, and proportionate;

d. It is the policy of this State that individuals under parole supervision be subject to parole revocation proceedings and possible incarceration for failing to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims or the community at large, and cannot be appropriately managed in the community; and

e. It is also the policy of this State that for individuals under parole supervision who do not pose a significant risk to prior victims or the community at large, sanctions other than incarceration are appropriate for violations of the conditions of parole if those sanctions are swift, certain, and proportionate punishments based upon the severity of the violation, the risk of future criminal behavior by the offender, and the need for, and availability of, community-based interventions which may assist the offender in remaining compliant and crime-free in the community.

2. (New section) For the purposes of this act:

"Graduated parole violation sanction" means any non-prison offender accountability measure or program, including, but not limited to: electronic supervision, house arrest, drug and alcohol testing or monitoring, forfeiture of commutation time credits granted pursuant to R.S.30:4-140, substance abuse or mental health treatment, reporting requirements to parole officers, community service, secure or unsecure residential treatment facilities or halfway houses, and short-term incarceration in a county correctional facility.

3. (New section) The State Parole Board shall promulgate rules and regulations to establish and adopt:

a. a system of graduated parole violation sanctions to be imposed by a parole officer when an offender violates a condition of parole. The system shall set forth the presumptive sanctions for the most common types of parole violations. In establishing the system of graduated parole violation sanctions, the Parole Board shall take into consideration: the severity of the violation; the offender's prior violation history; the severity of the underlying criminal conviction; the criminal history of the offender; the offender's assessed risk level; the effective capacity of the State's correctional facilities; and the availability of appropriate community-based interventions. If the system of graduated parole violations includes confinement in a county correctional facility, that confinement shall not exceed 15 consecutive days;

b. an administrative process to review and approve or reject, sanctions that deviate from those prescribed by subsection a. of this section;

c. an administrative process to review sanctions contested by an offender; and

d. an administrative process to determine if, at the suggestion of the parole officer, the graduated parole violation sanctions are insufficient punishment for a violation of the conditions of parole and whether the offender should be incarcerated.

The system of graduated probation violation sanctions established pursuant to this section shall not apply to a person subject to a special sentence of parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4).

4. 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

b. [Any parolee who has seriously or persistently violated the conditions of his parole, may] If a parole officer finds that the graduated parole violation sanctions established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) are insufficient punishment for a violation of the conditions of parole, and if that determination is confirmed by the administrative process established pursuant to subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), a parolee shall 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, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or the Director of the State Parole Board's Division of Parole or his designee, the chairman of the board or his 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 testifies at the revocation proceedings, his testimony and the evidence derived therefrom shall not be used against him in a subsequent criminal prosecution or delinquency adjudication.

c. Any parolee who is convicted of a crime or adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, committed while on parole shall have his parole revoked and 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 he should not be returned to confinement.

(cf: P.L.2001, c.141, s.5)

5. Section 17 of P.L.1979, c.441 (C.30:4-123.61) is amended to read as follows:

17. a. If the parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of his parole, such violation not being a basis for return to custody pursuant to subsection b. or c. of section 16 of P.L.1979, c.441 (C.30:4-123.60), [the officer may require that the parolee appear before a designated representative of the board for a review of the parolee's adjustment] the officer shall modify the conditions of parole for the limited purpose of imposing a graduated parole violation sanction approved pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. [If the board's designated representative finds that a parolee has violated a condition of his parole, such violation not being a basis for return to custody pursuant to subsection b. or c. of section 16 of P.L.1979, c.441 (C.30:4-123.60), the designated representative may subject the parolee to one or both of the actions set forth in subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60)] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. [A parolee or the parolee's assigned parole officer may apply to the board's designated representative for modification of the conditions of parole.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. [Any action to modify the conditions of parole and any forfeiture of commutation time credits shall be appealable to the appropriate board panel, which may take appropriate action pursuant to subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60), but need not conduct a hearing.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

e. An officer intending to modify the conditions of parole by imposing a graduated parole violation sanction approved pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall, within 24 hours of becoming aware that an offender has violated a condition of parole, issue to the offender a notice of the alleged violation, the date of the alleged violation, and the sanction to be imposed.

f. Upon receipt of the notice, the offender shall accept or object to the sanction or sanctions proposed by the parole officer. If the offender objects to the imposition of the sanction or sanctions, the offender is entitled to a review of the sanction pursuant to the process established by subsection c. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1995, c.280, s.41)

6. This act shall take effect immediately and rules promulgated by the State Parole Board to effectuate the purposes of this act shall only apply to a person serving a term of parole for a conviction entered on or after the effective date of this act.

STATEMENT

According to the U.S. Department of Justice, 35 percent of people admitted to a prison nationally in 2006 were returning for a violation of the terms of their parole, not for a new conviction. The decision to incarcerate offenders for violations of the conditions of parole must be made using a reasonable and systematic basis to ensure that prison space is used to house those offenders who constitute a serious threat to public safety while using community-based sanctions for those offenders who do not pose a threat to public safety. To protect the public, the criminal justice system must compel compliance with the conditions of parole by responding to violations with sanctions that are swift, certain, and proportionate.

To that end, this bill would modify the current system for handling parole violations. Under the bill, the State Parole Board would establish a system of graduated parole violation sanctions. Graduated parole violation sanctions would include, but would not be limited to: electronic supervision, house arrest, drug and alcohol testing or monitoring, forfeiture of commutation time credits, substance abuse or mental health treatment, reporting requirements to parole officers, community service, secure or unsecure residential treatment facilities or halfway houses, and short-term (less than 15 consecutive days) incarceration in a county correctional facility.

The system will set forth the presumptive sanctions for the most common types of parole violations and will take into account a variety of factors including the severity of the violation, the offender's prior violation history, the severity of the underlying conviction, and the availability of community-based interventions.

When a parole officer becomes aware that an offender has violated a condition of parole, the officer will impose the graduated sanction approved by the parole board by notifying the offender in writing of the violation, the date of the violation, and the sanction. If the offender objects to the sanction, there will be an administrative process in place for the sanction to be reviewed. Offenders who commit more serious parole violations or who commit new crimes could be subject to the revocation of parole.

The bill's provisions would only apply to convictions handed down after the bill's effective date and would not apply to those subject to parole supervision for life.