ASSEMBLY, No. 1526

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 8, 1996

 

 

By Assemblywoman CRECCO

 

 

An Act concerning the Adult Diagnostic and Treatment Center, supplementing chapter 47 of Title 2C of the New Jersey Statutes and amending P.L.1979, c.441.

 

    BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

 

    1. (New section) a. Within four years after the effective date of this act, the inmate population of the Adult Diagnostic and Treatment Center shall be permanently reduced to a number not to exceed 60 percent of the total inmate population there on the effective date of this act. In each of the first four years following enactment of this act, the commissioner shall reduce the population by a minimum of 10 percent of the inmate population of the facility on the effective date of this act. The reduction may be achieved through parole, release at the expiration of a sentence, or transfer to other correctional facilities.

    b. The commissioner may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

 

    2. (New section) Notwithstanding the provisions of N.J.S.2C:47-4, a person sentenced to the Adult Diagnostic and Treatment Center shall be transferred to another correctional facility, if that person (a) is 60 years of age or older; (b) is serving a life sentence with no possibility of parole; or (c) as certified by a member of the facility's treatment staff, is not motivated in therapy, cannot benefit from therapy or refuses to participate in psychological treatment while serving a sentence there.

 

    3. (New section) A person transferred from the Adult Diagnostic and Treatment Center to another correctional facility pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill) shall be eligible for parole in accordance with the provisions of N.J.S.2C:47-5; provided, however, commutation time for good behavior pursuant to N.J.S.2A:164-24 or R.S.30:4-140 and credits for diligent application to work and other institutional assignments pursuant to P.L.1972, c.115 (C.30:8-28.1 et seq.) or R.S.30:4-92, shall not be applicable to him.

 

    4. Section 7 of P.L.1979, c.441 (C.30:4-123.51) is amended to read as follows:

    7. Eligibility for parole; computation; notice to inmate; acknowledgement of receipt

    a. Each adult inmate sentenced to a term of incarceration in a county penal institution, or to a specific term of years at the State Prison or the correctional institution for women shall become primarily eligible for parole after having served any judicial or statutory mandatory minimum term, or one-third of the sentence imposed where no mandatory minimum term has been imposed less commutation time for good behavior pursuant to N.J.S.2A:164-24 or R.S.30:4-140 and credits for diligent application to work and other institutional assignments pursuant to P.L.1972, c.115 (C.30:8-28.1 et seq.) or R.S.30:4-92. Consistent with the provisions of the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7), commutation and work credits shall not in any way reduce any judicial or statutory mandatory minimum term and such credits accrued shall only be awarded subsequent to the expiration of the term.

    b. Each adult inmate sentenced to a term of life imprisonment shall become primarily eligible for parole after having served any judicial or statutory mandatory minimum term, or 25 years where no mandatory minimum term has been imposed less commutation time for good behavior and credits for diligent application to work and other institutional assignments. If an inmate sentenced to a specific term or terms of years is eligible for parole on a date later than the date upon which he would be eligible if a life sentence had been imposed, then in such case the inmate shall be eligible for parole after having served 25 years, less commutation time for good behavior and credits for diligent application to work and other institutional assignments. Consistent with the provisions of the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7), commutation and work credits shall not in any way reduce any judicial or statutory mandatory minimum term and such credits accrued shall only be awarded subsequent to the expiration of the term.

    c. Each inmate sentenced to a specific term of years pursuant to the "Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 through 45) shall become primarily eligible for parole after having served one-third of the sentence imposed less commutation time for good behavior and credits for diligent application to work and other institutional assignments.

    d. Each adult inmate sentenced to an indeterminate term of years as a young adult offender pursuant to N.J.S.2C:43-5 shall become primarily eligible for parole consideration pursuant to a schedule of primary eligibility dates developed by the board, less adjustment for program participation. In no case shall the board schedule require that the primary parole eligibility date for a young adult offender be greater than the primary parole eligibility date required pursuant to this section for the presumptive term for the crime authorized pursuant to N.J.S.2C:44-1(f).

    e. Each adult inmate sentenced to the Adult Diagnostic and Treatment Center, Avenel, or transferred therefrom to another correctional facility pursuant to P.L. , c. , (C. )(now pending before the Legislature as this bill) or any other provision of law, shall become primarily eligible for parole upon recommendation by the special classification review board pursuant to N.J.S.2C:47-5, except that no such inmate shall become primarily eligible prior to the expiration of any mandatory or fixed minimum term imposed pursuant to N.J.S.2C:14-6.

    f. Each juvenile inmate committed to an indeterminate term shall be immediately eligible for parole.

    g. Each adult inmate of a county jail, workhouse or penitentiary shall become primarily eligible for parole upon service of 60 days of his aggregate sentence or as provided for in subsection a. of this section, whichever is greater. Whenever any such inmate's parole eligibility is within six months of the date of such sentence, the judge shall state such eligibility on the record which shall satisfy all public and inmate notice requirements. The chief executive officer of the institution in which county inmates are held shall generate all reports pursuant to subsection d. of section 10 of P.L.1979, c.441 (C.30:4-123.54). The parole board shall have the authority to promulgate time periods applicable to the parole processing of inmates of county penal institutions, except that no inmate may be released prior to the primary eligibility date established by this subsection, unless consented to by the sentencing judge. No inmate sentenced to a specific term of years at the State Prison or the correctional institution for women shall become primarily eligible for parole until service of a full nine months of his aggregate sentence.

    h. When an inmate is sentenced to more than one term of imprisonment, the primary parole eligibility terms calculated pursuant to this section shall be aggregated by the board for the purpose of determining the primary parole eligibility date, except that no juvenile commitment shall be aggregated with any adult sentence. The board shall promulgate rules and regulations to govern aggregation under this subsection.

    i. The primary eligibility date shall be computed by a designated representative of the board and made known to the inmate in writing not later than 90 days following the commencement of the sentence. In the case of an inmate sentenced to a county penal institution such notice shall be made pursuant to subsection g. of this section. Each inmate shall be given the opportunity to acknowledge in writing the receipt of such computation. Failure or refusal by the inmate to acknowledge the receipt of such computation shall be recorded by the board but shall not constitute a violation of this subsection.

    j. Except as provided in this subsection, each inmate sentenced pursuant to N.J.S.2A:113-4 for a term of life imprisonment, N.J.S.2A:164-17 for a fixed minimum and maximum term or N.J.S.2C:1-1(b) shall not be primarily eligible for parole on a date computed pursuant to this section, but shall be primarily eligible on a date computed pursuant to P.L.1948, c.84 (C.30:4-123.1 et seq.), which is continued in effect for this purpose. Inmates classified as second, third or fourth offenders pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12) shall become primarily eligible for parole after serving one-third, one-half or two-thirds of the maximum sentence imposed, respectively, less in each instance commutation time for good behavior and credits for diligent application to work and other institutional assignments; provided, however, that if the prosecuting attorney or the sentencing court advises the board that the punitive aspects of the sentence imposed on such inmates will not have been fulfilled by the time of parole eligibility calculated pursuant to this subsection, then the inmate shall not become primarily eligible for parole until serving an additional period which shall be one-half of the difference between the primary parole eligibility date calculated pursuant to this subsection and the parole eligibility date calculated pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12). If the prosecuting attorney or the sentencing court advises the board that the punitive aspects of the sentence have not been fulfilled, such advice need not be supported by reasons and will be deemed conclusive and final. Any such decision shall not be subject to judicial review except to the extent mandated by the New Jersey and United States Constitutions. The board shall, reasonably prior to considering any such case, advise the prosecuting attorney and the sentencing court of all information relevant to such inmate's parole eligibility.

(cf: P.L.1982, c.71, s.2)

 

    5. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill originates from the findings of the Joint Legislative Task Force to Study the Adult Diagnostic and Treatment Center at Avenel (ADTC). This bill requires the Commissioner of Corrections to decrease the number of inmates held at the ADTC over the next four years. The facility would hold 40% fewer inmates than it does currently, which would reduce overcrowding as well as treatment staff caseloads.

    This bill also requires the Commissioner of Corrections to transfer to another correctional facility any inmate of the ADTC who refuses to participate in psychological treatment, commonly known as a "therapy refuser;" who is serving a life sentence with no possibility of parole; who is not motivated in or cannot benefit from therapy, as certified by an ADTC therapist; or who is 60 years of age or older. The ADTC is a specialized correctional facility for sex offenders whose crimes, according to examining psychologists, indicate a pattern of repetitive, compulsive behavior. A specialized treatment program is available for these offenders at the center. If a sex offender refuses to participate in the treatment program, there is no reason for him to remain in the center. The bill's provision for the transfer of such recalcitrant inmates to another correctional facility assures that the ADTC's limited bed space is reserved for inmates who are motivated to participate in its treatment program.

    The bill further requires that an inmate who is transferred from the ADTC remain subject to the special parole provisions which apply to persons sentenced to the ADTC. Prior to consideration for parole, an ADTC inmate must be adjudged as capable of making an "acceptable social adjustment in the community" by a special classification review board. The inmate then must be approved by the Parole Board as not substantially likely to commit a crime if released.

 

 

                              

 

Requires reduction of inmate population and transfer of inmates refusing treatment at ADTC.