ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 26

with committee amendments

STATE OF NEW JERSEY

DATED: MARCH 3, 1997

      The Assembly Law and Public Safety Committee reports favorably Assembly Bill No. 26 with Assembly committee amendments.

      Assembly Bill No. 26 provides for organizational changes to the State Parole Board in response to a recommendation of the Governor's Study Commission on Parole.

      Under the provisions of the bill, the Governor is authorized to designate vice-chairman from among the regular associate members of the Parole Board to assume the chairman's duties and responsibilities whenever the chairman is absent or incapable of performing those duties or responsibilities. The Governor also is authorized to appoint a permanent alternate member. This alternate member would assume the duties and responsibilities of any absent or incapacitated associate member.

      The committee amended the bill to:

      (1) Clarify that the alternate board member is appointed by the Governor;

      (2) Specify that the alternate board member, just like the associate members, is to serve a term of six years;

      (3) Clarify when the vice-chairman and the alternate member are to assume their duties and the "temporary" nature of those duties (the provisions provide that they hold their positions only until the chairman or associate member, as the case may be, returns to his duties or, in the case of a removal or permanent incapacity, until a successor appointed by the Governor qualifies);

      (4) Provide that the alternate member is entitled to per diem compensation; and

      (5) Clarifying that the alternate member is authorized to replace any associate, regardless of whether that associate is serving on the panel on juvenile commitments, adult sentences, prison sentences or young adult sentences.

      Currently, 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.