ASSEMBLY, No. 317

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman BARK and Assemblyman MALONE

An Act concerning the release on parole of certain offenders 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. Notwithstanding any other provision of law to the contrary and except as otherwise provided in subsection b. of this section, whenever the New Jersey State Parole Board, in accordance with the provisions of N.J.S.2A:168-14, shall consider whether to permit any person convicted of an offense in another state to be placed on probation or released on parole within the State of New Jersey, the board shall, at least 30 days prior to the granting of such permission, notify the chief law enforcement officer of the municipality and the prosecutor of the county wherein the probationer or parolee seeks permission to reside. Should either the chief law enforcement officer of the municipality or the county prosecutor object to the residency of the probationer or parolee, as the case may be, he shall file his objections in writing with the board during that 30 day period. The board shall give all due consideration to any such objections before granting that probationer or parolee permission to reside in that community.

    b. If the person being considered for placement on probation or released on parole within the State of New Jersey under the provisions of N.J.S.2A:168-14 was convicted of one of the following offenses: murder, manslaughter, aggravated sexual assault, sexual assault, aggravated assault, aggravated criminal sexual contact, kidnapping, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of that child, luring or enticing a child for the purpose of committing a criminal offense, or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses, the board shall, at least 60 days prior to granting any such permission, give written notice to the chief law enforcement officer of the municipality and the prosecutor of the county wherein the probationer or parolee seeks permission to reside. Should either the chief law enforcement officer of the municipality or the county prosecutor object to the residency of the probationer or parolee, as the case may be, he shall file his objections in writing with the board during that 60 day period. The board shall give all due consideration to any such objections before granting that probationer or parolee permission to reside in that community.

    2. This act shall take effect on the first day of the second month following enactment.

STATEMENT

    This bill would require the State Parole Board to notify certain local law enforcement officials whenever it agrees to permit, in accordance with the interstate compact on probation and parole, the relocation of an out-of-state probationer or parolee to New Jersey.

    Under the provisions of the bill, the board is required to give the chief law enforcement officer of the municipality and the prosecutor of the county wherein the out-of-state probationer or parolee proposes to reside in New Jersey, a 30 day notice before granting the offender permission to relocate. During that 30 day period, either the chief law enforcement officer or the county prosecutor may file written objections to the relocation with the board. The bill requires the board to give all due consideration to those objections before granting the probationer or parolee permission to relocate in that community or county.

    If the out-of-state offender was convicted of a violent crime, the bill requires the board to give the chief law enforcement officer and the county prosecutor a 60 day notice before granting the probationer or parolee permission to relocate. A conviction of one of the following crimes would trigger this 60 day notice requirement: murder, manslaughter, aggravated sexual assault, sexual assault, aggravated assault, aggravated criminal sexual contact, kidnapping, endangering the welfare of a child by engaging in sexual contact which would impair or debauch the morals of that child, luring or enticing a child for the purpose of committing a criminal offense, or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

Establishes a notification procedure of certain out-of-state probationers and parolees relocated under interstate compact.