ASSEMBLY, No. 1195
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman DALTON
An Act concerning parole and amending and supplementing P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1979, c.441 (C.30:4-123.45) is amended to read as follows:
1. a. This act shall be known and may be cited as the "Parole Act of 1979."
b. In this act, unless a different meaning is plainly required:
(1) "Adult inmate" means any person sentenced as an adult to a term of incarceration.
(2) "Juvenile inmate" means any person under commitment as a juvenile delinquent pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-44).
(3) "Parole release date" means that date certified by a member of the board for release of an inmate after a review of the inmate's case pursuant to section 11, 13 or 14 of this act.
(4) "Primary parole eligibility date" means that date established for parole eligibility for adult inmates pursuant to section 7 or 20 of this act.
(5) "Public notice" shall consist of lists including names of all inmates being considered for parole, the county from which he was committed and the crime for which he was incarcerated. At least 30 days prior to parole consideration such lists shall be forwarded to the prosecutor's office of each county, the sentencing court, the office of the Attorney General, any other criminal justice agencies whose information and comment may be relevant, and news organizations. Criminal justice agencies shall include the police department, county sheriff's office, and county police chiefs' association of the respective municipality and county in which an inmate will reside if released. In the event that the municipality has no police department, the Superintendent of State Police shall be notified.
(6) Removal for "cause" means such substantial cause as is plainly sufficient under the law and sound public policy touching upon qualifications appropriate to a member of the parole board or the administration of said board such that the public interest precludes the member's continuance in office. Such cause includes, but is not limited to, misconduct in office, incapacity, inefficiency and nonfeasance.
(cf: P.L.1991, c.91, s.318)
2. 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. 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; provided that at least two members shall have at least 25 years of law enforcement experience, exclusive of service in elective office, and at least one member shall have served as a county prosecutor for a minimum of one five-year term. 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 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).
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)
3. 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, state the conduct of the inmate during the current period of confinement, include a complete report on the inmate's social, physical and mental condition, 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] 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 or criminal justice agency 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 or criminal justice agency by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor or criminal justice agency has 10 working days to review the report and notify the parole board of [the prosecutor's] its comments, if any, or notify the parole board of [the prosecutor's] its intent to provide comments. If the county prosecutor or criminal justice agency does not provide comments or notify the parole board of [the prosecutor's] its intent to provide comments within the 10 working days, the parole board may presume that the prosecutor or criminal justice agency does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor or criminal justice agency shall be delivered to the parole board by the same method by which the county prosecutor or criminal justice agency 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)
4. (New section) Of the next three members appointed to the State Parole Board following the enactment of P.L. ,c. (C. ) (now pending in the Legislature as this bill), two members shall have at least 25 years of law enforcement experience, exclusive of service in elected office, and one member shall have served as a county prosecutor for a minimum of one five-year term.
5. (New section) Any law or regulation to the contrary notwithstanding, following the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill), person appointed as chief of the Bureau of Parole in the Department of Corrections shall have worked at least 25 years in a law enforcement capacity, exclusive of service in elective office, and achieved the rank of captain or above.
6. This act shall take effect immediately.
STATEMENT
This bill is intended to improve the effectiveness of the parole system by increasing the participation in that system of the State's law enforcement community. Persons who apprehend and prosecute law breakers on a daily basis share a unique knowledge and insight regarding the personae and behavior patterns of criminals. Increasing the role of law enforcement professionals in the parole system will help to avert future tragedies such as the recent murder of a Franklin Township police officer by a paroled career criminal.
The bill affords law enforcement agencies, including police departments, sheriff's offices and county police chief's associations in localities where a potential parolee will reside an opportunity for input into parole decisions. These agencies would be required to receive 30 days notice prior to consideration of the inmate's parole. The agencies would then be authorized to request a copy of the inmate's pre-parole report prepared for the State Parole Board. Upon receipt of the report, the law enforcement agency would have 10 days to provide its comments on the pending parole to the Parole Board. Presently, only the county prosecutors are permitted by law to make such comments.
The bill also insures that the nine-member State Parole Board will always have the benefit of the insight of law enforcement professionals. It mandates that at least two board member have a minimum of 25 years law enforcement experience, exclusive of service in elected office, and that one member have served as a county prosecutor for at least one five-year term. The bill requires that the next three appointees to the board meet these criteria.
The bill also seeks to improve the effectiveness of the Bureau of Parole in the Department of Corrections, which supervises released parolees. It requires that any person appointed as chief of that bureau after the bill's effective date shall have worked in a law enforcement capacity for at least 25, exclusive of service in elected office, and achieved the rank of captain or above.
Increases law enforcement participation in parole system.