Bill Text: NJ S428 | 2012-2013 | Regular Session | Introduced
Bill Title: Tightens eligibility criteria and supervision protocols for early release program; directs Attorney General to evaluate program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S428 Detail]
Download: New_Jersey-2012-S428-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Tightens eligibility criteria and supervision protocols for early release program; directs Attorney General to evaluate program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the early release of certain State inmates and amending and supplementing P.L.2009, c.330.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.2009, c.330 (C.30:4-123.51d) is amended to read as follows:
8. a. An inmate sentenced to a term of incarceration in a State correctional institution who (1) has declined to participate in the parole consideration hearing process or (2) has been denied parole release pursuant to the provisions of section 11 of P.L.1979, c.441 (C.30:4-123.55) shall, notwithstanding the provisions of section 12 of P.L.1979, c. 441 (C.30:4-123.56), be released on parole on a date which precedes the date on which the aggregate of the inmate's court imposed term of incarceration is to end by six months; provided, however, that the early release authorized under the provisions of this subsection shall not apply to any inmate subject to a judicial or statutory mandatory minimum term of incarceration. An inmate subject to a mandatory minimum term of incarceration shall remain in the custody of the Commissioner of Corrections until the completion of that term.
b. In computing the date on which the inmate's court imposed term of incarceration is to end, the calculations shall include any reductions for good behavior remitted to the inmate in accordance with the provisions of R.S.30:4-140 and credits for diligent application to work and other institutional assignments granted the inmate pursuant to R.S.30:4-92; provided, however, that commutation time for good behavior and credits for diligent application to work and other institutional assignments shall not be utilized to reduce any judicial or statutory mandatory minimum term of incarceration imposed on an inmate.
c. An inmate released on parole pursuant to subsection a. 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) and as hereinafter provided: The parolee shall be subject to intensive supervision, involving, but not limited to, extensive, frequent contact with the inmate's parole officer, a restrictive curfew, weekly urine monitoring for alcohol and drugs, including marijuana, full participation in any treatment program specified by the parole board, and active engagement in a designated community service program or project. If the parolee violates a condition of parole, the parolee shall be subject to the provisions of section 16 through section 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 for the remainder of his sentence.
d. An inmate released on parole pursuant to this section and whose parole is revoked shall not be credited for any time served during that period of parole and shall not be eligible for parole during the remainder of his sentence.
e. For the purpose of establishing a primary parole eligibility date pursuant to subsection h. of section 7 of P.L.1979, c.441 (C.30:4-123.51), the period of incarceration required to be served pursuant to subsections c. and d. of this section shall not be aggregated with a term of imprisonment imposed on the parolee for the commission of any offense.
f. The provisions of this section shall not apply to any inmate paroled pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) and returned to custody upon the revocation of parole by the appropriate board panel pursuant to the provisions of section 16 through section 20 of P.L.1979, c.441 (C.30:4-123.60 through C.30:4-123.64).
g. The provisions of this section shall not apply to an inmate serving a sentence subject to the provisions of section 2 of P.L.1997, c.117 (C.2C:43-7.2); a sentence imposed prior to June 9, 1997 for any of the following offenses: N.J.S.2C:11-3 (murder), N.J.S.2C:11-4 (aggravated manslaughter or manslaughter), N.J.S.2C:11-5 (vehicular homicide), subsection b. of N.J.S.2C:12-1 (aggravated assault), subsection b. of section 1 of P.L.1996, c.14 (2C:12-11) (disarming a law enforcement officer), N.J.S.2C:13-1 (kidnapping), N.J.S.2C:15-1, robbery, section 1 of P.L.1993, c.221 (C.2C:15-2) (carjacking), paragraph (1) of subsection a. of N.J.S.2C:17-1 (aggravated arson), N.J.S.2C:18-2 (burglary), subsection a. of N.J.S.2C:20-5 (extortion), subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1) (booby traps in manufacturing or distribution facilities); N.J.S.2C:35-9 (strict liability for drug induced deaths), section 2 of P.L.2002, c.26 (C.2C:38-2) (terrorism), section 3 of P.L.2002, c.26 (C.2C:38-3) (producing or possessing chemical weapons, biological agents or nuclear or radiological devices), N.J.S.2C:41-2 (racketeering, when it is a crime of the first degree); or a sentence imposed for the offense of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3) of subsection b. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4, luring, or an attempt to commit any of these offenses.
h. The provisions of section 22 of P.L.1979, c.441 (C.30:4-123.66) shall not apply to an inmate released on parole pursuant to this section.
i. Written notice of the parole release of an inmate pursuant to this section shall be provided to the prosecutor of that inmate in accordance with the provisions of section 3 of P.L.1994, c.131 (C.30:4-6.1).
j. Except as otherwise provided, the provisions of this section shall apply to all inmates in the custody of the Commissioner of Corrections on and after the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.). In the case of inmates in the custody of the commissioner on the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.), the Parole Board may postpone, for a period not to exceed six months, the application of P.L.2009, c.330 (C.30:4-92.1 et al.) in order to permit the board an opportunity to identify, investigate and process the development and establishment of specific policies and plans, including the availability of treatment services, if deemed appropriate, for inmates eligible for release under P.L.2009, c.330 (C.30:4-92.1 et al.).
k. In accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Parole Board shall promulgate rules and regulations necessary to effectuate the purposes of this act.
(P.L. 2009, c.330, s.8)
2. (New section) The Attorney General shall undertake a study to assess and evaluate the early release program established pursuant to section 8 of P.L. 2009, c.330, as amended by P.L. , c. (pending before the Legislature as this bill). The Attorney General shall submit the assessment and evaluation of the program, along with any recommendations, to the Governor and the Legislature on the first day of the 10th month following the effective date of P.L. , c. (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill amends the early release program for certain State inmates to further refine the eligibility criteria, require a specific form of intensive supervision for early release parolees, and direct the Attorney General to conduct a study to assess and evaluate the effectiveness of the program and to report those findings, along with any recommendations, to the Governor and Legislature within nine months.
Currently, the law excludes inmates who are sentenced for committing a violent crime under the "No Early Release Act," (NERA) P.L.1997, c.117 (C.2C:43-7.2) or who are convicted of a sex crime from participating in the early release program. The bill clarifies that inmates who were convicted of a violent crime before the enactment of NERA are also precluded from participating in the program.
The bill also imposes intense supervision protocols for the inmates who are participating in the early release program. Under the bill, these inmates are required to meet frequently with their parole officers, observe a restrictive curfew, submit to weekly urine monitoring for alcohol and drugs, including marijuana, fully participate in any treatment program specified by the parole board, and actively engage in a designated community service program or project.
Finally, the bill directs the Attorney General to undertake a study to assess and evaluate the effectiveness of the early release program and to report the findings, along with any recommendations, to the Governor and Legislature in nine months.
