ASSEMBLY, No. 1196
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 the relocation and residency of certain probationers and parolees, and amending N.J.S.2A:168-14.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:168-14 is amended to read as follows:
2A:168-14. Governor authorized to enter into compact with states; form; contents of compact; investigations; duties of receiving state; retaking of probationers or parolees by sending state; extradition waived; rules and regulations; compact operative on ratification; force and effect of compact; renunciation
The governor of this state is hereby authorized and directed to enter into a compact on behalf of the state of New Jersey with any of the states of the United States legally joining therein in the form substantially as follows:
A compact entered into by and among the contracting states, signatories hereto, with the consent of the congress of the United States of America, granted by an act entitled "An act granting the consent of congress to any 2 or more states to enter into agreements or compacts for co-operative effort and mutual assistance in the prevention of crime and for other purposes."
The contracting states solemnly agree:
1. That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state" ) to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state" ) while on probation or parole, if
a. Such person is in fact a resident of [or has his family residing within] the receiving state and can obtain employment there;
b. Though not a resident of the receiving state [and not having his family residing there], the receiving state consents to such person being sent there; provided, however, that such consent shall not be given without an in-person interview first being conducted and it shall appear from that interview that the probationer or parolee, as the case may be, has sufficiently rehabilitated himself so that he does not constitute a risk to the community.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. Furthermore, such permission shall not be granted without 30 days prior 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 objection in writing with the New Jersey State Parole Board during that 30 day period. The board shall give all due consideration to any such objections before granting that probationer or parolee permission reside in that community.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than 1 year prior to his coming to the sending state and has not resided within the sending state more than 6 continuous months immediately preceding the commission of the offense for which he has been convicted.
2. That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
3. That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
4. That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
5. That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
6. That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.
7. That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
(cf: N.J.S.2A:168-14)
2. This act shall take effect immediately.
STATEMENT
This bill would change the requirements governing the relocation of out-of-state probationers and parolees to New Jersey.
Under the provisions of this bill, out-of-state probationers and parolees would be eligible for relocation to New Jersey only if (1) they were residents of the State prior to their incarceration in another state or (2) if it appears, after an in-person interview with the State Parole Board, that the probationer or parolee is sufficiently rehabilitated so as not to constitute a risk to the community.
The bill also provides that the chief law enforcement officer of the municipality and the prosecutor of the county wherein the probationer or parolee proposes to reside be given a 30 day notice before any formal permission to relocate is granted. During that 30 day period, either the chief law enforcement officer or the county prosecutor may file written objections to the relocation with the State Parole 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.
Changes the requirements governing the relocation of out-of-state probationers and parolees to New Jersey.