§2 - C.2C:43-7.2

§3 - C.30:4-123.51b

§1 - Note to §§2,3








P.L. 1997, CHAPTER 117, approved June 9, 1997

Senate, No. 855 (Fourth Reprint)

 

 

 

 

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 “No Early Release Act.”

 

    2. a. 3[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] A court imposing a sentence of incarceration3 for a crime of the first or second degree 3[involving violence to the custody of the Department of Corrections]3 4shall fix a minimum term of 85% of the sentence during which the defendant4 shall not be eligible for parole 4[until the inmate has served not less than 85 percent of the court-ordered term of incarceration]4 3if the crime is a violent crime as defined in subsection d. of this section3.

    b. The provisions of subsection a. of this section shall not 3be construed or applied to3 reduce the time that must be served before


eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration.

    c. 3[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.).] Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also, unless the court imposes a sentence of lifetime parole supervision pursuant to P.L. , c. (C. )(now pending before the Legislature as Senate Bill No. 524 SCS), impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the Bureau of Parole of the Department of Corrections as if on parole and shall be subject to the provisions and conditions of section 3 of P.L. , c.   (C.   )(now pending before the Legislature as this bill).

    d. For the purposes of this section, "violent crime" means any crime in which the actor causes death, causes serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or uses or threatens the immediate use of a deadly weapon. "Violent crime" also includes any aggravated sexual assault or sexual assault in which the actor uses, or threatens the immediate use of, physical force.

      For the purposes of this section, "deadly weapon" means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.

    e. A court shall not impose sentence pursuant to this section unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.3

 

    33. a. A person who has been sentenced to a term of parole supervision and is on release status in the community pursuant to section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill) shall, during the term of parole supervision, remain on release status in the community, in the legal custody of the Commissioner of the Department of Corrections, and shall be supervised by the Bureau of Parole of the Department of Corrections as if on parole, and shall be subject to the provisions and conditions set by the appropriate board panel. The appropriate board panel shall have the authority, in accordance with the procedures and standards set forth in sections 15 through 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.65), to revoke the person's release status and return the person to custody for the remainder of the term or until it is determined, in accordance with regulations adopted by the board, that the person is again eligible for release consideration pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53).

    b. The Parole Board shall promulgate rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).3

 

    3[3.] 4.3 This act shall take effect immediately 2[1,and shall be applicable to any person sentenced for a crime of the first or second degree involving violence who becomes eligible for parole after the effective date1 ]2.

 

 

                             

 

Requires persons convicted of certain crimes to serve at least 85% of the term of incarceration.