ASSEMBLY, No. 21
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 20, 1997
By Assemblyman HOLZAPFEL, Assemblywoman CRECCO and Assemblyman Blee
An Act concerning the standard for parole release and amending P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1979, c.441 (C.30:4-123.53) is amended to read as follows:
9. a. An adult inmate shall be released on parole at the time of parole eligibility, unless information supplied in the report filed pursuant to section 10 of [this act] P.L.1979, c.441 (C. 30:4-123.54) or developed or produced at a hearing held pursuant to section 11 of [this act] P.L.1979, c.441 (C.30:4-123.55) indicates by a preponderance of the evidence that [there is a substantial likelihood] the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will [commit a crime under the laws of this State] violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) if released on parole at [such] that time. In reaching such determination, the board panel or board shall state on the record the reasons therefor.
b. A juvenile inmate shall be released on parole when it shall appear that the juvenile, if released, will not cause injury to persons or substantial injury to property.
(cf: P.L.1979, c.441, s.9)
2. Section 12 of P.L.1979, c.441 (C.30:4-123.56) is amended to read as follows:
12. a. The board shall develop a schedule of future parole eligibility dates for adult inmates denied release at their eligibility date. In developing such schedule, particular emphasis shall be placed on the severity of the offense for which he was denied parole and on the characteristics of the offender, such as, but not limited to, the prior criminal record of the inmate and the need for continued incapacitation of the inmate.
b. If the release on the eligibility date is denied, the board panel which conducted the hearing shall refer to the schedule published pursuant to subsection a., and include in its statement denying parole notice of the date of future parole consideration. If such date differs from the date otherwise established by the schedule, the board panel shall include particular reasons therefor. [Such] The future parole eligibility date shall not be altered to take into account [usual] remissions of sentence for good behavior and diligent application to work and other assignments[. Such]; provided however, the future parole eligibility date may [also] be altered pursuant to section 8 of [this act] P.L.1979, c. 441 (C.30:4-123.52).
c. An inmate shall be released on parole on the new parole eligibility date unless [new] information filed pursuant to a procedure identical to that set forth in section 10 of P.L.1979, c.441 (C.30:4-123.54) indicates by a preponderance of the evidence that there is a substantial likelihood that the inmate will commit a crime under the laws of this State if released on parole at such time. The determination of whether [there is such an indication in the new preparole report or whether there is additional relevant information to be developed or produced at a hearing, and the determination of whether] the inmate shall be released on the new parole eligibility date shall be made pursuant to the procedure set forth in [sections]section 11 of P.L.1979, c.441(C.30:4-123.55) and [12]this section.
(cf: P.L.1979, c.441, s.12)
3. This act shall take effect immediately and apply to persons whose parole eligibility date arises on or after the effective date of this act.
STATEMENT
This bill is based upon recommendations of the Study Commission on Parole. The bill changes the standard by which the parole board determines whether an inmate should be paroled, allows 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 eliminates good time and work credits for inmates denied parole. It prohibits the parole of an inmate who has not cooperated in his or her own rehabilitation while in prison. The bill also prohibits parole in cases where a reasonable expectation exists, and is stated in the record by the board, that an inmate would violate one of the statutory conditions by which parolees must abide upon release. These conditions include: compliance with all laws; a prohibition on the possession of a firearm and on the use, possession or distribution of drugs; strict supervision by a parole officer; and any other specific conditions the parole board may impose to reduce the likelihood of future criminal behavior by the parolee.
Under existing law, 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.
Also under existing law, upon the second and subsequent review of parole eligibility, the parole board is required to release the inmate on 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. The commission described the provision permitting the parole board to consider only new information in a subsequent parole decision "one of the most significant and inappropriate limitations that existing law places on the board's discretion."
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 Study Commission on Parole found that the period of incarceration after parole denial offers the inmate an opportunity to address unresolved issues, including mental health and substance abuse problems. The commission stated that accelerating the eligibility date in such cases "only reinforces the public perception that inmates actually serve less time than required by the original sentence ... or the parole board."
Allows board to consider all relevant information at subsequent parole hearings, changes parole standard, eliminates certain credits to inmates denied parole.