ASSEMBLY, No. 1293
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GREENWALD
An Act concerning progressive time credits for prisoners and amending R.S.30:4-140.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.30:4-140 is amended to read as follows:
30:4-140. [For] a. Except as provided in subsection b. of this section, for every year or fractional part of a year of sentence imposed upon any person committed to any State correctional institution for a minimum-maximum term there [shall] may be remitted to him from both the maximum and minimum term of his sentence, for continuous orderly deportment the progressive time credits indicated in the schedule herein. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then time credits in reduction of such fractional part of a year shall be calculated at the rate set out in the schedule for each full month of such fractional part of a year of sentence. No time credits shall be calculated as provided for herein on time served by any person in custody between his arrest and the imposition of sentence. In case of any flagrant misconduct the board of managers may declare a forfeiture of the time previously remitted, either in whole or in part, as to them shall seem just.
Schedule
A B C
Progressive Credits Credits for Each
for Minimum and Full Month of
Minimum and Maximum Sentences Fractional Part of
Maximum Sentences in Years a Year in Excess of
in Years (days) Column A (days)
1 72 7
2 156 8
3 252 8
4 348 8
5 444 8
6 540 8
7 636 10
8 756 10
9 876 10
10 996 10
11 1,116 10
12 1,236 11
13 1,368 11
14 1,500 11
15 1,632 11
16 1,764 11
17 1,896 12
18 2,040 12
19 2,184 12
20 2,328 12
21 2,472 12
22 2,616 13
23 2,772 13
24 2,928 13
25 3,084 15
26 3,264 15
27 3,444 15
28 3,624 15
29 3,804 15
30 3,984 16
Any sentence in excess of 30 years shall be reduced by time credits for continuous orderly deportment at the rate of 192 days for each such additional year or 16 days for each full month of any fractional part of a year. Nothing herein contained shall be deemed to limit or affect a convict's eligibility for parole consideration as provided for in section 10, chapter 84, P.L.1948, as amended, in any situation where the sentence or consecutive sentences imposed upon a convict shall exceed 25 years.
b. A person committed to a State correctional institution for a crime of the first or second degree shall not have progressive time credits remitted to him.
(cf: P.L.1957, c.27, s.1)
2. This act shall take effect immediately.
STATEMENT
Under the provisions of N.J.S.A.30:4-140, a person sentenced to a State correctional institution is entitled to progressive time credits for continuous orderly deportment. This bill provides that a person incarcerated for a first or second degree crime would not be awarded these "good time" credits. A crime of the first degree is punishable by a term of imprisonment of up to 10 to 20 years, or a fine of up to $100,000, or both. A crime of the second degree is punishable by a term of imprisonment of up to five to ten years, or a fine of up to $100,000, or both.
The bill would also give correctional institutions more discretion in granting "good time" credits to other inmates, by providing that such credits "may" be remitted for continuous orderly deportment, rather than "shall" be remitted (as provided by current law).
Prohibits "good time" credits for all inmates convicted of first and second degree crimes; allows prison officials more discretion in granting such credits to other inmates.