ASSEMBLY, No. 687

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ZISA

An Act concerning parole and amending P.L.1979, c.441.

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

    1. 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 future parole eligibility date shall take into account usual remissions of sentence for good behavior and diligent application to work and other assignments. Such future parole eligibility date may also be altered pursuant to section 8 of this act.

    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 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 11 and 12.

(cf: P.L.1979, c.441, s.12)

    2. This act shall take effect immediately.

STATEMENT

    This bill would give the parole board more discretion in reviewing the case of an inmate who has been previously denied parole. Currently, the parole board is required to allow the inmate to be released on parole unless new information obtained in a new preparole report indicates that the inmate should not be released. Under the provisions of this bill, the parole board would not be required to base its decision on any new information in the report, but rather it could base its determination on the existing information in the preparole report.

Allows parole board more discretion in reviewing parole eligibility of inmate who was previously denied parole.