FISCAL NOTE TO

[First Reprint]

ASSEMBLY, No. 21

STATE OF NEW JERSEY

DATED: JUNE 16, 1997

      Assembly Bill No. 21 (1R) of 1997 amends the provisions of the "Parole Act of 1979" to change the standard by which the parole board determines whether an inmate should be paroled, allow the parole board to weigh all relevant information in an inmate's record when considering that inmate's parole eligibility at second and subsequent hearings and eliminate good time and work credits for inmates denied parole. The bill also prohibits the parole of an inmate who has not cooperated in his or her own rehabilitation while in prison and prohibits parole in those cases where there is a reasonable expectation that the inmate would violate one of the statutorily mandated conditions of parole.

      Currently, under section 9 of P.L.1979, c.441 (C.30:4-123.53), the parole board may refuse to grant parole to an inmate only if information provided in a preparole report to the board or developed at a parole hearing indicates by a preponderance of the evidence that a substantial likelihood exists the inmate will commit another crime.

This bill would grant more discretion to the board in these matters.

      Similarly, under section 12 of P.L.1979, c.441 (C.30:4-123.56), the parole board currently is required to release any inmate who has been previously denied parole unless new information obtained in a new preparole report or produced at the hearing indicates by a preponderance of the evidence that there is a substantial likelihood the inmate will commit a crime upon release. Under the bill's provisions, at the second and subsequent parole hearings, the parole board would not be required to base its decision strictly on information developed since the previous denial of parole, but could consider information provided at earlier parole hearings.

      Finally, the bill eliminates the use of good time and work credits to accelerate an inmate's future eligibility date after the inmate was denied parole.

      The Department of Corrections states that the provision awarding the Parole Board greater discretion in denying parole cannot be quantified because there is no data available to determine what the future actions of the Parole Board would be. However, the department notes that this provision will increase the need for departmental bed spaces.

      With regards to the provision expanding the Parole Board's power to deny parole a second time based on information heard at prior parole hearings, the Department of Corrections estimates that 864 inmates would be affected by these changes. Using the assumption that a minimum of six additional months would be served by these inmates and that the average cost of maintenance is $26,000 per inmate, the department would require an additional $11,232,000 per year in operating funds.

      The department notes that additional beds would also be required as result of the elimination of good time and work credits to accelerate an inmate's future eligibility date after the inmate was denied parole. Based on the average number of cases heard each month by the Parole Board (1,200) and assuming that 30 percent of those cases are denied parole, 4,320 inmates per year would be denied additional good time or work credits. Assuming that the average increase in time equals a minimum of six additional months length of stay per inmate denied parole, the average amount of credits lost for each additional six months served would equal .83 months per inmate. The department would be required to provide an additional 299 bed spaces per year at a cost of $26,000 per bed space, or $7,768,000. Thus, the total annual operating cost would be $19 million. Any additional time served would increase the amount of credits lost and increase the numbers estimated above.

      The department also states that capital expenses would be generated as a result of this bill. Based on the fact that by the time an inmate is eligible for parole, the department notes that an inmate has already served a portion of his/her sentence. Therefore, the type of incarceration required would be either medium or minimum security. Assuming a mix of one-third medium and two-thirds minimum security beds would be required, the department estimates that 243 medium security beds at a cost of $60,000 per bed, and 488 minimum security beds at a cost of $35,000 per bed would be required. The total capital cost would therefore be $31,660,000.

      The Office of Legislative Services concurs.

This fiscal note has been prepared pursuant to P.L.1980, c.67.