ASSEMBLY, No. 2291

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 16, 1996

 

 

By Assemblywoman CRUZ-PEREZ,

Assemblymen GREENWALD, Caraballo and Zisa

 

 

An Act concerning prison sentencing and supplementing P.L.1979, c.441.

 

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

 

    1. This act shall be known and may be cited as the "Truth in Sentencing Act."

 

    2. a. Notwithstanding any commutation credits allowed for good behavior and credits earned for diligent application to work and other institutional assignments, or any other provision of law to the contrary, an inmate sentenced to the custody of the Department of Corrections for a crime of the first or second degree directly resulting in the injury or death of another person shall not be eligible for parole until the inmate has served not less than 85 percent of the court-ordered term of incarceration. The Attorney General shall prepare a listing of crimes deemed violent pursuant to this subsection.

    b. The provisions of subsection a. of this section shall not reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration.

    c. If, during the term of imprisonment, an inmate is involved in any flagrant misconduct, all or part of the credits he has earned may be forfeited at the discretion of the superintendent or administrator, as the case may be.

    d. Except in the case of mandatory sentences, the Parole Board may consider granting parole to offenders subject to this act who (1) are 65 years or older and have served not less than five years of their sentence or (2) are 60 years or older and have served not less than 10 years of the sentence imposed or (3) after a public hearing is held at which representatives of the public and the prisoner's victims have an opportunity to testify regarding the proposed release, is determined to have a medical condition that precludes the prisoner from posing a threat to the public.

    e. The Parole Board shall promulgate rules and regulations necessary to carry out the purposes this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

 

    3. This act shall take effect immediately and apply to all applicable crimes committed on or after January 1, 1998, provided that the Parole Board may take such anticipatory administrative action in advance, including promulgating rules and regulations, as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

    This bill, which supplements the "Parole Act of 1979," is intended to increase prison time for offenders committing the most serious crimes in society.

    The bill requires that any person convicted of committing a first or second degree crime resulting in injury or death serve a minimum of 85 percent of his court-ordered term of incarceration, regardless of the number of commutation credits, work credits, or minimum custody credits earned. Flagrant misconduct would result in the loss of all or part of these credits, at the discretion of the Department of Corrections. At the discretion of the Parole Board, an exception would be made for offenders who are at least 65 years old who have been in prison at least five years, those at least 60 years old who have served at least 10 years, and those who, after a hearing is held providing the public and victims an opportunity to be heard, are determined to have a medical condition that precludes them from posing a threat to the public.

    This bill would not become effective until January 1, 1998 in order to provide sufficient time for the construction of additional prison cells necessary to accommodate the increased prison population expected to result from the bill's requirements.

    This legislation is designed to address the "revolving door" of the justice system through which a relatively small group of dangerous criminals keeps cycling after serving relatively short sentences. Nationwide, violent criminals in state prisons only serve an average of 38 percent of their actual sentences.

    This bill is also designed to take advantage of certain provisions of the pending federal crime bill (H.R.667) which encourages states to deal more effectively with violent crime. H.R.667 provides nearly $10.3 billion to assist states expand their prison capacity for violent criminals. Those states which require these criminals to serve at least 85 percent of their sentences will qualify for the most substantial grant funds.


 

Requires person convicted of first or second degree crime involving violence to serve 85 percent of sentence.