SENATE, No. 223
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator ADLER
An Act concerning eligibility for parole in certain cases, supplementing Title 2C of the New Jersey Statutes and amending R.S.30:4-92, 30:4-140 and P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The sentence of any person sentenced to a term of imprisonment for a crime under any of the following sections: N.J.S.2C:11-4; subsection b. of N.J.S.2C:12-1; N.J.S.2C:13-1; N.J.S.2C:14-2; N.J.S.2C:15-1 or N.J.S.2C:15-2 shall include a term of post-incarceration supervision equal to 35 percent of the sentence imposed.
b. The sentence of any person sentenced to a term of imprisonment for a crime under N.J.S.2C:11-3 shall include a term of post-incarceration supervision period of ten years.
2. R.S.30:4-92 is amended to read as follows:
30:4-92. The inmates of all correctional and charitable, hospital, relief and training institutions within the jurisdiction of the State Board shall be employed in such productive occupations as are consistent with their health, strength and mental capacity and shall receive such compensation therefor as the State Board shall determine.
Compensation for inmates of correctional institutions may be in the form of cash or remission of time from sentence or both. Such remission from the time of sentence shall not exceed one day for each five days of productive occupation, but remission granted under this section shall in no way affect deductions for good behavior or provided by law.
From moneys paid to inmates of correctional institutions, the superintendent of the institution shall withdraw sufficient moneys, in an amount not to exceed one-third of the inmate's total income, as may be required to pay any assessment, restitution or fine ordered as part of any sentence.
In addition, all inmates classified as minimum security and who are considered sufficiently trustworthy to be employed in honor camps, farms or details shall receive further remission of time from sentence at the rate of three days per month for the first year of such employment and five days per month for the second and each subsequent year of such employment.
The provisions of this section with regard to the remission of time shall not apply to any inmate imprisoned for a crime under any of the following sections: N.J.S.2C:11-3; N.J.S.2C:11-4; subsection b. of N.J.S.2C:12-1; N.J.S.2C:13-1; N.J.S.2C:14-2; N.J.S.2C:15-1 or N.J.S.2C:15-2.
(cf: P.L.1991, c.329, s.17)
3. R.S.30:4-140 is amended to read as follows:
30:4-140. 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 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
Minimum and Maximum Sentences in Years
1 2 3 4 5 6 A
Minimum and Maximum Sentences in Years
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
B
Progressive Credits for Minimum and Maximum Sentences in Years
(days)
72
156
252
348
444
540
B
Progressive Credits for Minimum and Maximum Sentences in Years
(days)
636
756
876
996
1,116
1,236
1,368
1,500
1,632
1,764
1,896
2,040
2,184
2,328
2,472
2,616
2,772
2,928
3,084
3,264
3,444
3,624
3,804
3,984
C
Credits for Each Full Month of Fractional Part of a Year in Excess of Column A
(days)
7
8
8
8
8
8
C
Credits for Each Full Month of Fractional Part of a Year in Excess of Column A
(days)
10
10
10
10
10
11
11
11
11
11
12
12
12
12
12
13
13
13
15
15
15
15
15
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.
The provisions of this section shall not apply to any inmate imprisoned for a crime under any of the following sections: N.J.S.2C:11-3; N.J.S.2C:11-4; subsection b. of N.J.S.2C:12-1; N.J.S.2C:13-1; N.J.S.2C:14-2; N.J.S.2C:15-1 or N.J.S.2C:15-2.
(cf: P.L.1957, c.27, s.1)
4. Section 7 of P.L.1979, c.441 (C.30:4-123.51) is amended to read as follows:
7. a. [Each] Except as provided in subsection k. of this section, 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] Except as provided in subsection k. of this section, 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, 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.
k. Any adult inmate convicted on or after the effective date of P.L. , c. (C. ) (now pending before the Legislature as section 1 of this bill) to a term of incarceration or to a specific term of years at the State Prison or the correctional institution for women shall not be eligible for parole if imprisoned for a crime under any of the following sections: N.J.S.2C:11-3; N.J.S.2C:11-4; subsection b. of N.J.S.2C:12-1; N.J.S.2C:13-1; N.J.S.2C:14-2; N.J.S.2C:15-1 or N.J.S.2C:15-2.
(cf: P.L.1982, c.71, s.2)
5. This act shall take effect immediately.
STATEMENT
This bill would eliminate parole eligibility for persons convicted of the following crimes: murder, manslaughter, aggravated assault, kidnapping, sexual assault, robbery and carjacking. Persons convicted of these crimes would be required to serve the full term of imprisonment imposed by the sentencing court.
The bill also provides that in addition to any term of imprisonment imposed, a sentence imposed for any of these crimes would include a term of post-incarceration supervision. The term of post-incarceration supervision would be equal to 35% of the sentence imposed or ten years in the case of persons convicted of murder. During this term, the sponsors envision that the person would reside in a half-way house or participate in an electronic monitoring program or a program of intensive supervision.
Eliminates parole eligibility for persons convicted of certain serious crimes.