ASSEMBLY, No. 489

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblymen WEINGARTEN, O'TOOLE, Assemblywoman J. Smith, Assemblymen Roma, DiGaetano, Azzolina, DeSopo, Asselta, Blee, T. Smith, Corodemus, Lance, Geist, Zecker, Assemblywomen Crecco, Heck, Assemblymen Malone, Cottrell, Gibson, Assemblywoman Allen, Assemblymen LeFevre and Kelly

An Act concerning preparole and presentence reports and amending P.L.1979, c.441 and N.J.S.2C:44-6.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 10 of P.L.1979, c.441 (C.30:4-123.54) is amended to read as follows:

    10. a. At least 120 days but not more than 180 days prior to the parole eligibility date of each adult inmate, a report concerning the inmate shall be filed with the appropriate board panel, by the staff members designated by the superintendent or other chief executive officer of the institution in which the inmate is held.

    b. (1) The report filed pursuant to subsection a. shall contain preincarceration records of the inmate, including any history of civil commitment or other disposition which arose out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1 , state the conduct of the inmate during the current period of confinement, include a complete report on the inmate's social[,] and physical [and mental] condition, include a complete psychiatric evaluation of the inmate, include an investigation by the Bureau of Parole of the inmate's parole plans, and present information bearing upon the likelihood that the inmate will commit a crime under the laws of this State if released on parole.

    (2) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a statement for the parole report to be considered at the parole hearing or to testify to the parole board concerning his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address.

    The report may include a statement concerning the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an inmate is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board of the availability to provide a statement for inclusion in the parole report or to present testimony at the parole hearing.

    The board shall notify such person at his last known mailing address.

    c. A copy of the report filed pursuant to subsection a. of this section, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, shall be served on the inmate at the time it is filed with the board panel. The inmate may file with the board panel a written statement regarding the report, but shall do so within 105 days prior to the primary parole eligibility date.

    d. Upon receipt of the public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a county prosecutor may request from the parole board a copy of the report on any adult inmate prepared pursuant to subsection a. of this section, which shall be expeditiously forwarded to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor has 10 working days to review the report and notify the parole board of the prosecutor's comments, if any, or notify the parole board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of the prosecutor's intent to provide comments within the 10 working days, the parole board may presume that the prosecutor does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential shall be maintained and shall not be disclosed to any person who is not authorized to receive or review a copy of the report containing the confidential information.

    e. Any provision of this section to the contrary notwithstanding, the board shall by rule or regulation modify the scope of the required reports and time periods for rendering such reports with reference to county penal institutions.

(cf: P.L.1985, c.44, s.2)

    2. N.J.S.2C:44-6 is amended to read as follows:

    2C:44-6. Procedure on Sentence; Presentence Investigation and Report.

    a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by the Rules of Court. The court may order a presentence investigation in any other case.

    b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance with the provisions of Title 2C, employment history, personal habits, the disposition of any charge made against any codefendants [and may include a report on his physical and mental condition], the defendant's history of civil commitment or other disposition if any, which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the records of the disposition of those charges and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation officer deems relevant or the court directs to be included. The report shall also include a medical history of the defendant and a complete psychiatric evaluation of the defendant. In any case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition [ unless the court directs otherwise].

    The presentence report shall also include a report on any compensation paid by the Victims of Crime Compensation Board as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.

    The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.

    c. If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order [that he be examined as to his medical or mental condition, except that he may not be committed to an institution for such examination] any additional psychiatric or medical testing of the defendant .

    d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Victims of Crime Compensation Board or to any officer authorized under the provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an assessment, restitution or fine and that information concerning the defendant's coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of the Department of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of P.L.1995, c.254 (C.30:7E-1 et al.).

    e. The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.

    f. (Deleted by amendment, P.L.1986, c.85).

(cf: P.L.1995, c.254, s.7)

    3. This act shall take effect immediately.

STATEMENT

    This bill incorporates the recommendations of the New Jersey's Supreme Court's "Committee to Review the Conrad Jeffrey Matter" which issued a report dated October, 1995. The Committee recommended that information concerning the psychological make-up and behavior of the defendant is vital and should be included in the criminal record of the defendant. This bill would require the preparole report and the presentence report to include information concerning the defendant's psychiatric background.

    With regard to preparole reports, this bill would require that the report include information concerning any history of civil commitment or other disposition which arose out of charges suspended pursuant to N.J.S.2C:4-6, including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1. Under N.J.S.2C:4-6, a defendant found mentally incompetent to stand trial may have the charges against him suspended while he is either committed to a psychiatric institution, placed in an out patient setting or released. After a period of time, if the defendant does not become competent to stand trial the court may dismiss the charges. In addition the bill requires the preparole report to include a complete psychiatric evaluation of the inmate.

    The bill would also require that presentence reports include information concerning any history of civil commitment or other dispositon, which arose out of charges suspended pursuant to N.J.S.2C:4-6, including the records of the disposition of those charges, and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1, including the records of the disposition of those charges. The bill would also require all presentence reports to include a medical history of the defendant and a complete psychiatric evaluation of the defendant. In addition, the bill would authorize the court, after the presentence investigation has been made, to order additional psychiatric and medical testing of the defendant.

Requires preparole and presentence reports to include disposition of prior charges suspended due to mental incompetency; requires defendants and inmates to undergo psychiatric examinations under certain circumstances.