ASSEMBLY, No. 26
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 20, 1996
By Assemblyman O'TOOLE and Assemblywoman WRIGHT
An Act concerning the State Parole Board and amending P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1979, c.441 (C.30:4-123.47) is amended to read as follows:
3. a. There is hereby created and established within the Department of Corrections a State Parole Board which shall consist of a chairman [and], eight associate members and one alternate board member. A vice- chairman shall be designated by the Governor from among the associate members and shall assume the duties of the chairman when the chairman is absent. The alternate board member shall assume the duties of an associate member only when the associate member is removed, incapacitated or assumes the duties of the chairman. The chairman and associate members shall be appointed by the Governor with the advice and consent of the Senate from qualified persons with training or experience in law, sociology, criminal justice, juvenile justice or related branches of the social sciences. Members of the board shall be appointed for terms of six years and the terms of their successors shall be calculated from the expiration of the incumbent's term. Members shall serve until their successors are appointed and have qualified.
b. Any vacancy occurring in the membership of the board, otherwise than by expiration of term, shall be filled in the same manner as one occurring by expiration of term, but for the unexpired term only. In the event that any member of the board shall be rendered incapable of performing his duties, the [Governor shall appoint a qualified person to] alternate board member shall act in his stead during the period of his incapacity. Any member of the board may be removed from office by the Governor for cause.
c. The members of the board shall devote their full time to the performance of their duties and be compensated pursuant to section 2 of P.L.1974, c.55 (C.52:14-15.108). The alternate member shall be compensated at a rate not to exceed 50 percent of the rate of compensation of an associate member unless he assumes the full-time duties of an associate member, which service shall be compensated at the rate paid an associate member.
d. At the time of appointment, the Governor shall designate two associate members of the board to serve on a panel on juvenile commitments. The remaining six associate members of the board shall be appointed by the Governor to panels on adult sentences. The chairman of the board shall assign four of the associate members so appointed to two panels on prison sentences, and the remaining two associate members so appointed to a panel on young adult sentences. The chairman of the board shall be a member of each panel. Nothing provided herein shall prohibit the chairman from reassigning any member appointed to a panel on adult sentences to facilitate the efficient function of the board.
(cf: P.L.1987, c.396, s.1)
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
This bill provides for organizational changes to the State Parole Board in response to a recommendation by the Study Commission on Parole. A vice-chairman would be designated by the Governor to act in the absence of the chairman; and a permanent alternate member would be added to act in place of a board member who is removed or incapacitated. The alternate board member would be paid up to 50 percent of the compensation of an associate member unless he assumes full-time duties of the associate member, at which time he would e paid at the rate paid an associate member.
Now, in the absence of the chairman, the senior board member is required pursuant to N.J.A.C.10A:71-1.5 to function as the presiding member of the board or board panel. Under the same section, when a member of a board panel on adult inmates is disqualified resulting in the absence of a quorum, the chairman may immediately assign another member of one of the board panels on adult inmates to serve while the other member is disqualified. In the absence of a quorum on a juvenile panel due to a disqualification, the chairman currently must immediately request the Governor to appoint a qualified person to serve during the absence of the disqualified board member.
Provides for vice-chairman, permanent alternate member on State Parole Board.