SENATE, No. 1715

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 11, 2010

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Decreases the penalty for certain parole violations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act decreasing the penalty for certain parole violations and supplementing P.L.1979, c.441 (C.30:4-123.45 et seq.).

 

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

 

     1.    a.  In the case that an appropriate board panel revokes parole and returns an adult parolee to custody, the future parole eligibility date shall be no more than nine months from the date of that adult parolee’s return to custody when one of the following parole violations is the basis for return to custody pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60):

     (1)   Failure to report to the parole officer assigned to supervise the parolee, as implemented by regulation, provided that the inmate is declared by the district parole supervisor or designated representative of the commission, as appropriate, to be missing from parole supervision;

     (2)   Failure to comply with any special condition of parole imposed pursuant to regulation promulgated by the Department of Corrections;

     (3)   Failure to refrain from the use of a controlled dangerous substance or controlled dangerous substance analog as defined in N.J.S.2C:35-2, provided that a two-member parole board panel determines, in their discretion, that the inmate is addicted to the habitual use of that controlled dangerous substance;

     b.    The future parole eligibility date under subsection a. of this section may be increased or decreased by up to three months in the case of an adult parolee if, in the opinion of the appropriate board panel, the circumstances of the parole violation and the characteristics and past record of the parolee warrant an adjustment.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would decrease the penalty for certain parole violations committed by an adult inmate.  Under the provisions of the bill, the term of re-incarceration for a certain “technical” parole violations by an inmate who is age 26, or older, would be reduced from 12 months to 9 months.  Currently, only young adult inmates, ages 18 to 25, are subject to re-incarceration for a period of nine months for certain parole violations.

     Under current administrative regulations, an adult inmate who fails to report to their parole officer, or fails to refrain from using a dangerous controlled substance may potentially have his or her parole revoked and be re-incarcerated for a period of 12 months. Additionally, individuals who violate special conditions of their parole may be re-incarcerated for 12 months.  This 12 month period may be increased or decreased by up to three months in the case of an adult inmate if, in the opinion of the two-member board panel, the circumstances of the parole violation and the characteristics and past record of the parolee warrant an adjustment.

     This bill would reduce the period of re-incarceration for these parole violations from 12 months to nine months.  Under the provisions of the bill, this nine month period may be increased or decreased by up to three months in the discretion of the parole board.  Additionally, the nine month re-incarceration period for failure to refrain from drug use would apply only if the two-panel parole board determines that the inmate is addicted to the habitual use of that controlled dangerous substance.