SENATE, No. 251

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators KOSCO and MATHEUSSEN

An Act concerning parole and supplementing and repealing various sections of the statutory law.

    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 "Review and Parole Act of 1995."

    2. The Legislature finds and declares that the New Jersey parole system is in a state of crisis. Public confidence in the parole system has been undermined by heinous crimes committed by parolees. Recently, a police officer was viciously shot and killed by a convicted murderer who had been paroled in Pennsylvania just 11 weeks earlier, and permitted under an interstate compact to reside in this State. Another parolee went on a rampage extending from Atlantic City to New York City over a five day period, killing seven people. These incidents have left our citizens fearful for the safety of themselves and their loved ones. When parolees fail, innocent persons all too frequently suffer the consequences.

    According to a 1992 study, 38 percent of former inmates are reconvicted of crimes. Statistics compiled by the federal government paint an even more discouraging picture of the number of inmates who complete parole successfully. A United States Department of Justice survey found that of 5,932 New Jersey inmates granted parole during a one-year period, only 2,609 successfully completed parole, while 3,263 parolees were reincarcerated.

    The Parole Act of 1979 created a presumption that an inmate will not serve his entire sentence and will eventually become eligible for parole, giving parole officials little discretion to deny parole to an inmate who should not be released. The time has come to implement a system whereby inmates would have the burden of demonstrating that they are ready to reenter society and live crime-free lives. In addition, officials in the parole system must possess the appropriate expertise and credentials and must be given the tools to evaluate an inmate's progress and deny parole to those who continue to pose a risk to society. The citizens of this State deserve a well-functioning, cost efficient parole system that protects their safety while helping former offenders lead productive, law-abiding lives.

    3. As used in this act:

    "Adult inmate" means any person sentenced as an adult to a term of incarceration.

    "Board" means the Review and Parole Board.

    "Juvenile inmate" means any person under commitment as a juvenile delinquent pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-44).

    "Parole release date" means that date certified by a member of the board for release of an inmate after a review of the inmate's case pursuant to section 17, 28 or 29 of this act.

    "Pre-parole planning package" means those documents to be evaluated prior to granting an inmate parole, including the Criminal Offense and Trial Information Summary, the case plan for that inmate developed by a parole evaluator, summaries of reassessment interviews and victim's statements.

    "Primary parole eligibility date" means that date established for parole eligibility for adult inmates pursuant to section 13 or 27 of this act.

    "Public notice" shall consist of lists including names of all inmates being considered for parole, the county from which he was committed and the crime for which he was incarcerated. At least 30 days prior to parole consideration such lists shall be forwarded to the prosecutor's office of each county, the sentencing court, the Office of the Attorney General, any other criminal justice agencies whose information and comment may be relevant, and news organizations.

    "Removal for cause" means such substantial cause as is plainly sufficient under the law and sound public policy touching upon qualifications appropriate for a member of the parole board or the administration of the board such that the public interest precludes the member's continuance in office. Such cause includes, but is not limited to, misconduct in office, incapacity, inefficiency and nonfeasance.

    "Violent Crimes Board Panel" means a panel consisting of the four associate members of the board who comprise the adult panels and the chairman.

    4. a. Except as otherwise provided, this act shall apply to all persons now serving sentences in or hereafter sentenced or committed to State correctional facilities.

    b. In the case of persons now serving sentences or committed, the board established pursuant to this act may postpone the application of this act for a period of up to six months from the effective date in order to permit an orderly conversion to the system herein established.

    5. a. There is hereby created and established a Review and Parole Board which shall consist of a chairman and eight associate members who shall be appointed by the Governor with the advice and consent of the Senate. The board is allocated to the Department of Corrections for the purpose of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution. The Commissioner of Corrections shall be the request officer for the board within the meaning of section 6 of P.L.1944, c.112 (C.52:27B-15). All powers, duties, responsibilities and functions concerning parole shall be allocated within the authority of the board. In addition, all the powers, duties and functions of the Bureau of Parole in the Department of Corrections shall be transferred to the Review and Parole Board on the effective date of this act.

    The chairman shall serve at the discretion of the Governor, with the advice and consent of the Senate. The Governor may appoint a new chairman from the members of the board at any time. Members of the board shall be appointed for terms of six years and the terms of their successors shall be calculated from the expiration of the incumbent's term. Members shall serve until their successors are appointed and have qualified.

    b. Any vacancy occurring in the membership of the board, otherwise than by expiration of term, shall be filled in the same manner as one occurring by expiration of term, but for the unexpired term only. In the event that any member of the board shall be rendered incapable of performing his duties, the Governor shall appoint a qualified person to act in his stead during the period of his incapacity. Any member of the board may be removed from office by the Governor for cause.

    c. The members of the board shall devote their full time to the performance of their duties and be compensated pursuant to section 2 of P.L.1974, c.55 (C.52:14-15.108).

    d. (1) The chairman shall be a qualified person who shall possess at least 10 years work experience in corrections, probation and parole, of which a minimum of three years were served in a supervisory or management capacity. The chairman also shall possess a bachelor's degree in one of the behavioral sciences, including but not limited to sociology, psychology, social work or criminal justice. Work experience shall not be substituted for the required educational qualifications.

    (2) An associate member of the board shall possess at least five years work experience in corrections, parole or probation, of which a minimum of two years were served in a supervisory or management capacity. An associate member also shall possess a bachelor's degree in one of the behavioral sciences, including but not limited to sociology, psychology, social work or criminal justice. Work experience shall not be substituted for the required educational qualifications.

    e. At the time of appointment, the Governor shall designate two associate members of the board to serve on a panel on juvenile commitments. The remaining six associate members of the board shall be appointed by the Governor to panels on adult sentences. The chairman of the board shall assign four of the associate members so appointed to two panels on prison sentences, and the remaining two associate members so appointed to a panel on young adult sentences. The chairman of the board shall be a member of each panel. Nothing provided herein shall prohibit the chairman from reassigning any member appointed to a panel on adult sentences to facilitate the efficient function of the board.

    6. a. All policies and determinations of the board shall be made by the majority vote of the members.

    b. Except where otherwise noted, parole determinations on individual cases pursuant to this act shall be made by the majority vote of a quorum of the appropriate board panel established pursuant to this section.

    c. The chairman of the board shall be the chief executive officer of the board and the appointing authority and, after consulting with the board, shall be responsible for designating the time and place of all board meetings, for organizing, controlling and directing the work of the board and its employees, and for preparation and justification of the board's budget. The nonsecretarial professional and supervisory employees of the board, except for parole officers, shall serve at the pleasure of the chairman and shall not be subject to the provisions of Title 11A of the New Jersey Statutes.

    d. The board shall promulgate such reasonable rules and regulations, consistent with this act, as may be necessary for the proper discharge of its responsibilities. The chairman shall file such rules and regulations with the Secretary of State. The provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall apply to the promulgation of rules and regulations concerning policy and administration, but not to other actions taken under this act, such as parole hearings, parole revocation hearings and review of parole cases. In determination of its rules and regulations concerning policy and administration, the board shall consult the Governor and the Commissioner of Corrections.

    e. The board, in conjunction with the Department of Corrections, shall develop a uniform information system in order to closely monitor the parole process. This system shall include participation in the Uniform Parole Reports of the National Council on Crime and Delinquency.

    f. The board shall transmit a report of its work for the preceding fiscal year, including information on the causes and extent of parole recidivism, to the Governor, the Legislature and the Criminal Disposition Commission annually.

    g. The board shall give public notice prior to considering any adult inmate for release.

    h. The board shall give notice to the appropriate prosecutor's office and to the committing court prior to the initial consideration of any juvenile inmate for release.

    7. a. Nothing contained in this act shall preclude a member of any board panel from exercising all the functions, powers, and duties of a hearing officer upon designation by the chairman; provided, however, that no member so designated shall participate in the disposition of a panel or board review of his initial decision.

    b. A hearing officer assigned to review adult cases shall not be assigned to review juvenile cases pursuant to sections 28 and 34 of this act, nor shall a hearing officer assigned to review juvenile cases be assigned to review adult cases.

    8. a. The Department of Corrections shall provide such office facilities and clerical assistance as may be necessary to enable the board to perform properly its duties and to maintain the records required pursuant to this act.

    b. The Department of Corrections, the chief executive officers and staffs of those facilities assigned to the Department of Corrections, the chief executive officers and staffs of the county jails, workhouses, and penitentiaries and the chief executive officers and staffs of those facilities assigned to the Department of Human Services where inmates or parolees are housed shall render full and complete cooperation to the board in furnishing to the board all pertinent data and information relating to particular inmates. It shall be the duty of the clerk of the court from which the inmate was committed, and of county probation officers and other officials, to forward to the board any commitment order, presentence report and the sentencing court's written reasons for the sentence imposed. The board shall have the power to compel the appearance of witnesses and the production of documentary evidence relevant to any proceedings before it. Failure to respond to any subpoena shall carry the penalty prescribed by law for failure to so respond in the Superior Court.

    9. a. There shall be created under the authority of the board 10 district parole offices situated throughout the State, each of which shall be under the direction of a District Parole Supervisor. These offices shall be responsible for all of the field supervision functions required under the provisions of this act. In addition, within each district office there shall be established an Office of Victim Services which shall be responsible for addressing concerns of the victims of parolees, mediation between victims and parolees and increasing the sensitivity of parolees to harm suffered by victims.

    b. There shall be assigned to each district office a sufficient number of field parole officers to supervise the parolees who are subject to the jurisdiction of a particular district office and sufficient other staff to provide the victim services required pursuant to this section.

    10. There shall be created under the authority of the board three regional offices, one each in the northern, central and southern regions of the State, which shall be under the direction of a District Parole Supervisor. These offices shall serve as restitution centers for the supervision of parolees who have fulfilled all the requirements of parole except for the payment of fines, fees and other monetary assessments imposed by the court or pursuant to law. Upon completion of all other parole requirements, supervision of the parolee shall be transferred from the district office to the appropriate regional office. The board shall assign to each regional office a sufficient number of clerical or other staff to ensure the full and timely collection of these fines, fees and other monetary assessments. The board shall have the power to initiate proceedings pursuant to the provisions of this act in order to accomplish these collections, and the State Information Management Resources Commission shall provide appropriate policies to aid in the development of a systematic collection process.

    11. After a conviction or plea of guilty has been entered and prior to the transfer of a defendant to the Correctional Reception Center, the county prosecutor shall prepare a Criminal Offense and Trial Information Summary which shall include information concerning all circumstances of the offense; a detailed description of the circumstances of any plea bargain; a comprehensive description of the defendant's trial, if appropriate; the injury or harm suffered by the victim and the victim's family; and any other factors that were significant in the imposition of the sentence of imprisonment. The summary shall be forwarded to the chairman or his designee and the Commissioner of Corrections or his designee.

    12. a. Whenever an adult inmate is received from the sentencing court by the Correctional Reception Center, a parole evaluator shall meet with the inmate. After reviewing the Criminal Offense and Trial Information Summary and any other documents pertaining to that inmate which have been provided by the sentencing court, the probation department and the prosecutor's office, the parole evaluator shall interview the inmate in order to assess the inmate's needs and to develop a case plan designed to reduce the likelihood of future criminal behavior. After a thorough and complete review of all this information, the parole evaluator shall assess the current risk if the inmate were to be released on parole. The parole evaluator also shall notify the inmate of his primary parole eligibility date.

    b. A parole evaluator shall conduct a reassessment interview with each inmate at least annually, or more frequently if appropriate, in order to determine the inmate's progress since the initial interview and potential for habilitation.

    13. a. An adult inmate sentenced to a term of incarceration for 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 N.J.S.2C:11-3, 2C:14-6, 2C:43-6 and 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 N.J.S.2C:11-3, 2C:14-6, 2C:43-6 and 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 et seq.) 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 subsection f. of N.J.S.2C:44-1.

    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. 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.

    h. The primary eligibility date shall be computed by a designated representative of the board and made known to the inmate in writing no 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.

    i. 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.

    14. a. An adult inmate shall not be released on parole at the time of parole eligibility, unless information supplied in the package filed pursuant to section 15 of this act or developed or produced at a hearing held pursuant to section 17 of this act indicates by clear and convincing evidence that the inmate will not pose a threat to public safety if released on parole at that time. In reaching this determination, the board panel or board shall state the reasons for the record.

    b. A juvenile inmate shall be released on parole when it shall appear that the juvenile, if released, will not cause injury to persons or substantial injury to property.

    15. a. At least 120 days but not more than 180 days prior to the parole eligibility date of an adult inmate, the pre-parole planning package concerning that inmate shall be filed with the appropriate release hearing officer by the staff members designated by the chairman.

    At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a statement for the pre-parole package to be considered by the release hearing officer, at any parole hearing or to testify to the parole board concerning his harm at the time of any parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address.

    The package may include a statement concerning the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an inmate is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board, of the opportunity to provide a statement for inclusion in the parole report or to present testimony at the parole hearing. The board shall notify such person at his last known mailing address.

    b. A copy of the package filed pursuant to subsection a. of this section, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, shall be served on the inmate at the time it is filed with the board panel. The inmate may file with the board panel a written statement regarding the report, but shall do so within 105 days prior to the primary parole eligibility date.

    c. Upon receipt of the public notice pursuant to section 3 of this act, a county prosecutor may request from the parole board a copy of the report on any adult inmate prepared pursuant to subsection a. of this section, which shall be expeditiously forwarded to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor shall within 10 working days review the report and notify the parole board of the prosecutor's comments, if any, or notify the parole board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of the prosecutor's intent to provide comments within the 10 working days, the release hearing officer may presume that the prosecutor does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential shall be maintained and shall not be disclosed to any person who is not authorized to receive or review a copy of the report containing the confidential information.

    16. a. Parole decisions shall be based on the aggregate of all pertinent factors, including material supplied by the inmate and reports and material which may be submitted by any persons or agencies which have knowledge of the inmate.

    b. The release hearing officer, board panel or board shall consider the following factors:

    (1) Commission of a crime while incarcerated;

    (2) Commission of serious disciplinary infractions;

    (3) Nature and pattern of previous convictions;

    (4) Adjustment to previous probation, parole and incarceration;

    (5) The offense the inmate was incarcerated for and facts and circumstances of the offense;

    (6) Aggravating and mitigating factors surrounding the offense;

    (7) Pattern of less serious disciplinary infractions;

    (8) Participation in institutional programs which could have led to the improvement of problems diagnosed at admission or during incarceration. This shall include, but not be limited to, participation in substance abuse programs, academic or vocational education programs, work assignments that provide on-the-job training and individual or group counseling;

    (9) Statements by institutional staff, with supporting documentation, that the inmate is likely to commit a crime if released;

    (10) Documented pattern or relationships with institutional staff or inmates;

    (11) Documented changes in attitude toward self or others;

    (12) Documentation reflecting personal goals, personal strengths or motivation for law-abiding behavior;

     (13) Mental and emotional health;

    (14) Parole plans and the investigation thereof;

    (15) Status of family or marital relationships at the time of eligibility;

    (16) Availability of community resources or support services for inmates who have demonstrated need for same;

    (17) Statements by the inmate reflecting on the likelihood that he or she will commit another crime;

    (18) History of employment, education and military service;

    (19) Family and marital history;

    (20) Statement by the court reflecting the reasons for the sentence imposed;

    (21) Statements or evidence presented by the appropriate prosecutor's office, the Office of the Attorney General, or any other criminal justice agency;

    (22) Statement or testimony of any victim or the nearest relative or relatives of a murder victim; and

    (23) Any other relevant factor.

    c. Any detainers shall be noted by the release hearing officer, board panel or board and shall not be grounds for denial of parole.

    17. a. Prior to the parole eligibility date of an adult inmate, a designated release hearing officer shall review the package required by section 15 of this act. The officer also shall conduct a risk assessment concerning the inmate's suitability for release. This risk assessment shall consider the inmate's social, physical and mental condition, conduct during the current period of incarceration, and summaries of reassessment interviews conducted by the parole evaluator. The release hearing officer shall determine whether there is a basis for denial of parole in the pre-parole planning package, the risk assessment, or the inmate's statement, or an indication, reduced to writing, that additional information providing a basis for denial of parole would be developed or produced at a hearing. If the hearing officer determines that there is no basis in the pre-parole planning package, the risk assessment or the inmate's statement for denial of parole and that there is no additional relevant information to be developed or produced at a hearing, he shall at least 60 days prior to the inmate's parole eligibility date recommend in writing to the assigned member of the board panel that parole release be granted.

    b. (1) If the inmate did not commit a crime of the first or second degree which resulted in bodily harm, the decision of the release hearing officer shall be reviewed by an associate member of the appropriate board panel. If the release hearing officer recommends that the inmate be paroled and the board member determines that recommendation to be appropriate, the board member shall certify a parole release date as soon as practicable after the eligibility date and so notify the inmate and the board. If the officer recommends that the inmate not be paroled and the board member determines that recommendation to be appropriate, parole shall be denied and another parole eligibility date shall be established.

    (2) If the board member determines that the recommendation of the release hearing officer is inappropriate, or that a hearing by a board panel is otherwise necessary, the board member shall refer the release or denial decision to two members of the appropriate board panel for a hearing.

    c. If the inmate committed a crime of the first or second degree which resulted in bodily harm, the recommendation made by the release hearing officer pursuant to subsection a. of this section shall be reviewed by the Violent Crimes Board Panel.

    d. If the release hearing officer, assigned member or Violent Crimes Board Panel determines that there is a basis for denial of parole, or that a hearing is otherwise necessary, the hearing officer or assigned member shall notify the appropriate board panel and the inmate in writing of his determination, and of a date for a parole consideration hearing. The board panel shall notify the victim of the crime, if the crime for which the inmate is incarcerated was a crime of the first or second degree, or the victim's nearest relative if the crime was murder, as appropriate, who was previously contacted by the board and who has indicated his intention to the board to testify at the hearing, of the opportunity to testify or submit written statements at the hearing. The hearing shall be conducted by the appropriate board panel at least 30 days prior to the eligibility date. At the hearing, which shall be informal, the board panel shall receive as evidence any relevant and reliable documents including any reports and evaluations prepared by the parole evaluator as part of the pre-parole planning package, the release hearing officer's report, any statements submitted by the victim or victim's family and any other relevant information pertaining to the inmate's potential risk to public safety. The panel also may consider any in-person testimony, including that of the victim of the crime or the members of the family of a murder victim if the victim or a family member so desires. If a victim of a crime or the relative of a murder victim chooses not to testify personally at the hearing, the victim or relative may elect to present testimony to a release hearing officer designated by the board panel. The release hearing officer shall prepare a report or a transcript of the testimony for presentation to the board panel at the hearing. All such evidence not classified as confidential pursuant to rules and regulations of the board or the Department of Corrections shall be disclosed to the inmate and the inmate shall be permitted to rebut such evidence and to present evidence on his own behalf. The decision of the board panel shall be based solely on the evidence presented at the hearing.

    e. At the conclusion of the parole consideration hearing, the board panel shall either (1) certify the parole release of the inmate pursuant to section 15 of this act as soon as practicable after the eligibility date and so notify the inmate and the board, or (2) deny parole and file with the board within 30 days of the hearing a statement setting forth the decision, the particular reasons therefor, except information classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, a copy of which statement shall be served upon the inmate together with notice of his right to appeal to the board.

    f. Upon request by the hearing officer or the inmate, the time limitations contained in this section and section 15 may be waived by the appropriate board panel for good cause.

    g. Nothwithstanding the provisions of any other law to the contrary, if an inmate incarcerated for murder is recommended for parole by the release hearing officer, parole shall not be certified until a majority of the full parole board conducts a hearing and concurs in that recommendation. The board shall notify the victim's family of the hearing and family members shall be afforded the opportunity to testify in person or to submit written statements. The provisions of this subsection shall not apply to an inmate who has his parole revoked and is returned to custody pursuant to the provisions of section 34 of this act.

    18. a. Notwithstanding any other provision of law to the contrary, the State Parole Board shall provide in writing to the prosecutor:

    (1) Notice of consideration of parole release required to be provided to victims by the State Parole Board pursuant to provisions of section 1 of this act; and

    (2) Notice of the filing by an inmate of any application for commutation of sentence filed pursuant to N.J.S.2A:167-4 and its disposition. Notice shall include the inmate's name and identifying information.

    b. As used in this section, "prosecutor" means the county prosecutor of the county in which the inmate was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" means the Attorney General.

    19. After parole has been certified and prior to the inmate's release, a parole evaluator shall assist the inmate in developing an appropriate community release plan based upon the recommendations of the board panel and a field parole officer. The parole evaluator shall prepare a community supervision plan which sets forth objectives that the inmate shall meet while on parole. This plan shall dictate the field parole officer's initial supervision strategy.

    20. After parole has been certified and prior to the inmate's release, a pre-parole planner assigned to the specific regional officer responsible for supervision of the inmate shall meet with the inmate. The pre-parole planner shall determine the feasibility of the community supervision plan proposed by the parole evaluator in terms of the resources available in that specific region. The pre-parole planner also shall hold information sessions designed to prepare inmates for life outside the institution.

    21. The field parole officer shall investigate and evaluate the proposed parole plan, in consultation with the parole evaluator. If the field parole officer determines that the proposed parole plan requires modification, a request for such modification shall be submitted to the board panel by the parole evaluator.

    22. Within 10 days after the inmate has been released and begins parole supervision, a comprehensive assessment shall be conducted by a field parole officer. The case plan developed prior to release shall be examined and the field parole officer shall determine if modifications are needed. When this assessment has been completed, a case plan detailing the parolee's objectives shall be developed, along with a timetable for achievement of these objectives. This case plan shall be highly structured and verifiable. The parolee shall be provided with a copy of the objectives and the timetable. The field parole officer shall provide rigorous investigation and monitoring of the parolee's progress in implementing the case supervision plan, which shall be reassessed at least once every 90 days.

    23. The board shall provide for three levels of parole supervision, high, moderate, and low, based upon the risk to public safety presented by the parolee. Parolees who present the highest risk shall receive the greatest degree of supervision. A risk assessment shall be used to assign a parolee to the appropriate officer's caseload, and this assessment of each parolee shall be conducted at least semi-annually or more often if appropriate. Field parole officer caseload assignments shall be weighted as determined by the risk level of the parolees supervised. The supervision of high risk parolees in a specific district shall be evenly distributed among all field parole officers assigned to that district.

    24. The board shall employ the number of parole officers necessary to supervise, pursuant to the provisions of section 23 of this act, the parolees who have been committed to its authority. After the effective date of this act, the board shall employ as a parole officer only a qualified person who shall possess a bachelor's degree in one of the behavioral sciences, including but not limited to criminal justice, sociology, psychology or social work. As used in this section, "parole officer" shall mean a parole evaluator, pre-parole planner or field parole officer. A parole officer employed on the effective date of this act need not meet the requirements of this section.

    25. The board shall employ the number of revocation hearing officers needed to conduct hearings concerning parole revocation. A Revocation Hearing Officer shall be a qualified person who shall possess a minimum of a 10 years work experience in a parole or probation agency, of which a minimum of three years were served in a supervisory or management capacity, and either a Juris Doctor degree and admission to practice law in this State, or a doctoral degree in one of the behavioral sciences, including but not limited to criminal justice, sociology, psychology or social work. Work experience may not be substituted for the required educational credentials.

    26. a. Prior to an inmate's release on parole, the board shall issue a written certificate of parole which shall be delivered to and signed by the inmate. The certificate shall include all general and specific conditions of parole imposed prior to release. The pre-parole planner shall explain the conditions of parole to the inmate and provide the inmate with a copy of the certificate. The inmate shall agree to abide by the conditions and sign the certificate.

    b. The certificate of parole shall include, but not be limited to, the following general conditions of parole:

    (1) The inmate shall obey all laws and ordinances;

    (2) The inmate shall report in person to the field parole officer responsible for his supervision immediately after he is released on parole from the institution, unless he has been given other instructions by the pre-parole planner. The inmate shall report thereafter as instructed by the field parole officer;

    (3) The inmate shall notify the field parole officer responsible for his supervision immediately after any arrest; and after being charged as the subject of a domestic violence complaint or a restraining order; and after accepting any pre-trial release including bail;

    (4) The inmate shall obtain approval from the field parole officer prior to:

    (a) Changing his residence or employment location; or

    (b) Leaving the state of his approved residence.

    (5) The inmate shall not own or possess for any purpose a firearm as defined in subsection f. of N.J.S.2C:39-1;

    (6) The inmate shall not own or possess for any purpose a weapon as defined in subsection r. of N.J.S.2C:39-1;

    (7) The inmate shall refrain from the use, possession or distribution of a controlled dangerous substance, controlled substance analog or imitation controlled dangerous substance as defined in N.J.S.2C:35-2 or N.J.S.2C:35-11; and

    (8) The inmate shall make payment to the appropriate regional office of any assessment, fine, penalty, fee or restitution imposed by law or the sentencing court.

    c. In addition to the conditions set forth in subsection b. of this section, the certificate of parole for a juvenile inmate shall require the inmate to attend school on a full-time basis if he is under 16 years of age.

    d. In addition to the conditions set forth in subsection b. and c. of this section, other special conditions may be imposed by the district senior parole officer if those conditions, in the opinion of the officer, would reduce the likelihood of recurrence of criminal or delinquent behavior. The parolee shall be given written notice prior to and upon the imposition of additional special conditions. In addition, the board shall be given written notice of the additional special conditions.

    e. Unless otherwise ordered by the board or members certifying release or the sentencing court, the district's senior parole officer shall establish a reasonable schedule for payment of any assessment, fine, penalty, fee or restitution owed by the parolee.

    27. a. Upon a decision to deny parole to an inmate, a two-member adult board panel shall establish, based upon the following schedule, a future parole eligibility date upon which the inmate shall be primarily eligible for parole.

    (1) Except as provided herein, an inmate serving a sentence for murder, manslaughter, aggravated sexual assault or kidnapping, serving any minimum-maximum or a specific sentence in excess of 14 years for a crime not otherwise assigned pursuant to this section, shall serve an additional 27 months.

    (2) Except as provided herein, an inmate serving a sentence for armed robbery or robbery or serving any minimum-maximum or a specific sentence between eight and 14 years for a crime not otherwise assigned pursuant to this section shall serve an additional 23 months.

     (3) Except as provided herein, an inmate serving a sentence for burglary, narcotic law violation, theft, arson or aggravated assault, or serving any minimum-maximum or specific sentence of at least four but less than eight years for a crime not otherwise assigned pursuant to this section, shall serve an additional 20 months.

    (4) Except as provided herein, an inmate serving a sentence for escape, bribery, conspiracy, gambling or possession of a dangerous weapon, or serving any minimum-maximum or specific sentence less than four years for a crime not otherwise assigned pursuant to this section shall serve an additional 17 months.

    b. Upon a decision to deny parole to a young adult inmate, a two-member young adult board panel shall establish, based upon the following schedule, a future parole eligibility date upon which the inmate shall be primarily eligible for parole.

    (1) Except as provided herein, a young adult inmate serving a sentence for a crime of the first degree shall serve an additional 24 months.

    (2) Except as provided herein, a young adult inmate serving a sentence for a second degree offense of robbery shall serve an additional 20 months.

    (3) Except as provided herein, a young adult inmate serving a sentence for a crime of the second degree shall serve an additional 16 months.

    (4) Except as provided herein, a young adult inmate serving a sentence for a second degree offense of manufacturing, distributing or dispensing a controlled dangerous substance or possession with intent to manufacture, distribute or dispense a controlled dangerous substance shall serve an additional 12 months.

    (5) Except as provided herein, a young adult inmate serving a sentence for a crime of the third degree shall serve an additional 10 months.

    (6) Except as provided herein, a young adult inmate serving a sentence for a crime of the fourth degree shall serve an additional eight months.

    c. The future parole eligibility dates required pursuant to a. and b. above may be increased or decreased by up to nine months when, in the opinion of the board panel, the severity of the crime for which the inmate was denied parole and the prior criminal record or other characteristics of the inmate warrant such adjustment.

    d. A three-member board panel may establish a future parole eligibility date which differs from that required by the provisions of subsections a. or b. and c. if the future parole eligibility date which would be established pursuant to those subsections is clearly inappropriate in consideration of the circumstances of the crime, the characteristics and prior criminal record of the inmate and the inmate's institutional behavior.

    (1) If, in the opinion of a two-member board panel denying parole, the future parole eligibility date which would be established pursuant to subsections a. or b. and c. is clearly inappropriate as provided herein, the two-member board panel shall refer the inmate's case to a third board panel member upon conclusion of the hearing. In such instances, the third board panel member shall review all the records pertaining to the hearing.

    (2) The two-member board panel shall notify the inmate in writing that parole has been denied, that a future parole eligibility date pursuant to subsections a. or b. and c. has not been established and the reasons therefor, and that a three-member board panel review will occur for the purpose of establishing a future parole eligibility term which differs from the provisions of subsections a. or b. and c.

    (3) The inmate shall have 30 days from the date notice is received to prepare and submit to the board panel members a written statement. The statement may include any information the inmate may deem relevant to the evaluation of his case by the board panel members.

    (4) The three-member board panel shall, upon disposition of the case, state in writing to the inmate the reasons for the establishment of a future eligibility date which differs from the provisions of subsection a. or b. and c. of this section.

    (5) The decision of the three-member board panel to establish a future parole eligibility date which differs from that required by the provisions of subsection a. or b. and c. of this section shall be by unanimous decision only.

    (6) If the three-member board panel fails to establish, by unanimous decision, a future parole eligibility date pursuant to this subsection, the three-member board panel shall refer the inmate's case to the board for the establishment of a future parole eligibility date, and shall notify the inmate, in writing, that his case has been referred to the board.

    (7) The inmate shall have 30 days from the date notice is received pursuant to paragraph 6 of subsection d. of this section to prepare and submit a written statement containing any additional information which the inmate may deem relevant to the evaluation of his case by the board.

    (8) The board's establishment of a future parole eligibility date shall be based on the review of all records of the panel hearing. Upon disposition of the case, the board shall state in writing to the inmate the reasons for the establishment of a future parole eligibility date which differs from the provisions of subsections a. or b. and c. of this section.

    e. The board, upon the conclusion of a hearing conducted by a board panel pursuant to section 17 of this act may establish a future parole eligibility date which differs from that required by the provisions of subsections a., b. and c. of this section if the future parole eligibility date which would be established pursuant to such subsection is clearly inappropriate in consideration of the circumstances of the crime, the characteristics and prior criminal record of the inmate and the inmate's institutional behavior.

    The board shall include in the notice issued as a result of such a hearing the reasons for the establishment of a future parole eligibility date which differs from the provisions of subsections a. or b. and c. of this section.

    f. In the case of an inmate sentenced 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 subsection b. of N.J.S.2C:1-1, if a three-member board panel or the board establishes a future parole eligibility date which differs from that required by the provisions of subsection a. and c. above, the inmate shall be scheduled within 18 months from the month in which the decision to deny parole was rendered. Thereafter, annual review hearings shall be scheduled until the inmate is within seven months of the actual parole eligibility date.

    (1) At the annual review hearing, which shall be conducted by a board panel as designated by the chairperson, the board panel shall assess the inmate's progress in institutional or community educational, training or other programs, progress in substantially altering those factors which led to the inmate's incarceration, and progress which may indicate that the punitive aspects of the sentence have been satisfied in that the rehabilitative potential of the inmate may be a date earlier than the future parole eligibility date.

    (2) At the conclusion of the annual review hearing, the board panel shall:

    (a) Accept and note documentary evidence of the progress that the inmate has achieved; and

    (b) Determine whether the inmate's case shall be referred for a parole release hearing pursuant to this subchapter; or

    (c) Determine whether the progress achieved by the inmate merits a reduction in the future parole eligibility date. If such determination is made, the board panel shall recommend to the three-member board panel or the board, as appropriate, that a reduction in future parole eligibility date be granted; or

    (d) Deter a decision pending receipt of additional information; or

    (e) Continue the case until the next annual review.

    (3) The board panel shall advise the inmate in writing of its determination.

    (4) If the board panel determines that the inmate's case shall be referred for a parole release hearing, the board panel shall provide personal notice to each member of the three-member board panel or the board, as appropriate, of its determination.

    (5) If the board panel recommends that a reduction be granted in the future parole eligibility term, the three-member board panel or the board, as appropriate, shall review the inmate's case and the board panel's recommendation within 60 days of the board panel's determination. The three-member board panel or the board shall, within 14 days of reviewing the inmate's case, notify the inmate in writing whether the future parole eligibility date will be reduced and, if so, the specific time period by which the future parole eligibility date will be reduced.

    g. If an inmate's maximum sentence or sentences expire prior to the future parole eligibility date otherwise established by the board panel or board, the board panel or board shall direct that the inmate serve his or her maximum sentence or sentences.

    h. An inmate shall not be released on parole on the new parole eligibility date unless new information filed pursuant to a procedure identical to that set forth in section 15 of this act indicates by clear and convincing evidence that the inmate will not pose a threat to public safety if released on parole at that time. The determination of whether there is such an indication in the pre-parole planning package or whether there is additional relevant information to be developed or produced at a hearing, and the determination of whether the inmate shall be released on the new parole eligibility date shall be made pursuant to the procedure set forth in this section.

    28. a. An assigned member of the board panel on juvenile commitments or a designated hearing officer shall periodically, but not less than quarterly, review the case of each juvenile inmate committed to determine whether release should be granted pursuant to subsection b. of section 14 of this act.

    b. The review shall include a personal interview of the inmate by the assigned member or the designated hearing officer, and prior to such review a designated representative of the board panel shall discuss with and explain to the juvenile inmate all documents relevant to the case, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections.

    c. If the review is conducted by a hearing officer, the hearing officer shall, at the conclusion of the review, recommend in writing any appropriate action to the assigned member of the panel on juvenile commitments.

    d. At the conclusion of the review, the assigned member of the board panel shall either (1) certify parole release of the juvenile as soon as practicable, or (2) file with the board a statement setting forth the decision of the member, a copy of which statement shall be served upon the juvenile, the juvenile's parents or guardians, and the court.

    e. The board panel on juvenile commitments shall at least yearly review the case of each juvenile confined to determine the reasons for the continued confinement of the juvenile. A report of such review shall be forwarded to the board, the Commissioner of Corrections and the committing court.

    29. a. Any denial of parole by a board panel shall, in accordance with criteria established by the board, be appealable to the full board by the inmate or one acting on the inmate's behalf. If appealed, the full board shall decide the appeal, except that any board member who participated in the decision from which the appeal is taken may not participate in the disposition of that appeal. The board shall serve written notice on all parties setting forth the decision, the particular reasons therefor, and the facts relied on.

    b. The board may upon its own initiative and for good cause, in a timely manner, review the decision of any hearing officer, board member or board panel and take appropriate action pursuant to sections 14 and 31 of this act.

    c. If information comes to the attention of the appropriate board panel which bears upon the likelihood that the inmate will commit a crime but which was not considered pursuant to sections 17, 20 and 28 of this act, the board panel may suspend any parole release date certified pursuant to section 17 or 28 for a period of not more than 60 days in order to conduct a rescission hearing to determine whether parole release on the original parole release date should be denied or delayed.

    30. a. Each parolee shall at all times remain in the legal custody and under the supervision of the chairman, except that the chairman, after providing notice to the Attorney General, may consent to the supervision of a parolee by the federal government pursuant to the Witness Security Reform Act, Pub.L.98-473 (18 U.S.C.§ 3251 et seq.).

    b. The appropriate board panel may in writing relieve a parolee of any parole conditions, and may permit a parolee to reside outside the State pursuant to the provisions of the Uniform Act for Out-of-State Parolee Supervision, N.J.S.2A:168-14 et seq., the Interstate Compact on Juveniles, P.L.1955, c.55 (C.9:23-1 et seq.), and, with the consent of the chairman after providing notice to the Attorney General, the federal Witness Security Reform Act, if satisfied that such change will not result in a substantial likelihood that the parolee will commit an offense which would be a crime under the laws of this State. The appropriate board panel may revoke such permission, except in the case of a parolee under the Witness Security Reform Act, or reinstate relieved parole conditions for any period of time during which a parolee is under its jurisdiction.

    c. The appropriate board panel may parole an inmate to any residential facility funded in whole or in part by the State if the inmate would not otherwise be released pursuant to section 14 without such placement. But if the residential facility provides treatment for mental illness or mental retardation, the board panel only may parole the inmate to the facility pursuant to the laws and admissions policies that otherwise govern the admission of persons to that facility, and the facility shall have the authority to discharge the inmate according to the laws and policies that otherwise govern the discharge of persons from the facility, on 10 days' prior notice to the board panel. The board panel shall acknowledge receipt of this notice in writing prior to the discharge. Upon receipt of the notice the board panel shall resume jurisdiction over the inmate.

    d. The board panel on juvenile commitments and the assigned parole officer shall insure that the least restrictive available alternative is used for any juvenile parolee.

    e. If the board has granted parole to any inmate from a State correctional facility and the court has imposed a fine, fee or any other assessment on such inmate, the appropriate board panel shall release the inmate on the condition that he make specified payments to the appropriate district or regional parole office. Upon collection of the payment, the board shall forward such monies to the State Treasury. For violation of these conditions or any condition requiring restitution, parole may be revoked if the inmate has refused or failed to make a good faith effort to make such payment. In addition, the court may order a parolee to perform community service of such a type and on such conditions as the chairman shall require. The parolee shall receive credit for each hour of community service performed in an amount equal to the minimum hourly wage required under law which shall be applied toward the balance of any fines, fees or assessments owed.

    31. a. Any parolee who violates a condition of parole may be subject to an order pursuant to section 32 of this act providing that the parolee be required to conform to one or more additional conditions of parole, or that he forfeit all or a part of commutation time credits granted pursuant to R.S.30:4-140.

    b. Any parolee who has violated the conditions of his parole, may have his parole revoked and may be returned to custody pursuant to sections 32 and 33 of this act. The board shall be notified immediately upon the arrest or indictment of a parolee. The board shall not revoke parole on the basis of new criminal charges which have not resulted in a disposition at the trial level, except that the chairman or his designee may at any time detain the parolee and commence revocation proceedings pursuant to sections 33 and 34 of this act when he determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. In such case, a parolee shall be informed that if he testifies at the revocation proceedings, his testimony and the evidence derived therefrom shall not be used against him in a subsequent criminal prosecution.

    c. Any parolee who is convicted of a crime committed while on parole shall have his parole revoked and shall be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing pursuant to section 33 of this act, that there is good cause not to return him to confinement.

    32. a. If the parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of his parole which is not a basis for return to custody pursuant to subsection b. or c. of section 31, the parole officer may require that the parolee appear before a designated representative of the board for a review of the parolee's adjustment.

    b. If the board's designated representative finds that a parolee has violated a condition of his parole which is not a basis for return to custody pursuant to subsection b. or c. of section 31, the designated representative may subject the parolee to one or both of the actions set forth in subsection a. of section 31.

    c. A parolee or the parolee's assigned parole officer may apply to the board's designated representative for modification of the conditions of parole.

    d. Any action to modify the conditions of parole and any forfeiture of commutation time credits shall be appealable to the appropriate board panel, which may take appropriate action pursuant to subsection 31 of this act without conducting a hearing.

    33. a. (1) If a parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of his parole which is a basis for return to custody pursuant to subsection b. of section 31 of this act, a designated representative of the chairman may issue a warrant for the arrest of the parolee if evidence indicates that the parolee may not appear at the preliminary hearing or if the parolee poses a danger to the public safety. With the parole warrant, a law enforcement officer may apprehend the delinquent parolee.

     (2) If a field parole officer assigned to supervise a parolee has probable cause to believe that the parolee has committed a crime, is about to commit a crime or is about to flee the jurisdiction, the violation is a basis for return to custody pursuant to subsection b. of section 31 of this act, and the situation is one of immediate emergency that cannot await the issuance of a warrant by a designated representative, the parole officer, by the parole officer's own warrant, may apprehend the parolee and cause his detention in a suitable facility designated by the Department of Corrections or cause the parolee's confinement in an appropriate institution pending return to a facility designated by the Department of Corrections, to await the conduction of a preliminary hearing. The warrant shall be in the form prescribed by the board and, when signed by the field parole officer in charge of the case, shall be a sufficient instrument and authority to all law enforcement or peace officers to assist in the apprehension of the parolee. It shall also be sufficient authority for detention of the parolee in a suitable facility, to await the conduction of the preliminary hearing. Upon enforcement of the warrant, the appropriate board panel shall be promptly notified. No parolee held in custody on a parole warrant shall be released on bail.

    b. Within 14 days, a parolee taken into custody under this section shall be granted a preliminary hearing to be conducted by a revocation hearing officer not previously involved in the case, unless the parolee or the revocation hearing officer requests a postponement, which may be granted by the appropriate board panel for good cause, but in no event shall the postponement exceed 14 days.

    c. The preliminary hearing shall be for the purpose of determining:

    (1) Whether there is probable cause to believe that the parolee violated a condition of his parole which is the basis for return to custody pursuant to subsection b. of section 31, and

    (2) Whether revocation and return to custody is desirable.

    d. Prior to the preliminary hearing the parolee shall be provided with written notice of:

    (1) The conditions of parole alleged to have been violated;

    (2) The time, date, place and circumstances of the alleged violation;

    (3) The possible action which may be taken by the board after a parole revocation hearing;

    (4) The time, date and place of the preliminary hearing;

    (5) The right, pursuant to P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or such other qualified person the parolee may retain; and

    (6) The right to confront and cross-examine witnesses.

    e. The revocation hearing officer who conducts the hearing shall make a summary or other record of the hearing.

    f. If the evidence presented at the preliminary hearing does not support a finding of probable cause to believe that the parolee has violated a condition of his parole which is a basis for return to custody pursuant to subsection b. of section 31, or if it is otherwise determined that revocation is not desirable, the revocation hearing officer, in accordance with the provisions of subsection a. of section 31 and section 32 of this act, may issue an order modifying parole and releasing the offender, or continuing parole and releasing the offender.

    g. If the evidence presented at the preliminary hearing supports a finding of probable cause to believe that the parolee has violated a condition of his parole, the revocation hearing officer shall determine whether the parolee shall be retained in custody or released on specific conditions pending action by the appropriate board panel.

    h. Conviction of a crime committed while on parole shall be deemed to constitute probable cause to believe that the parolee has violated a condition of parole.

    34. a. If the revocation hearing officer finds probable cause pursuant to paragraph (1) of subsection c. of section 33 and finds that revocation is desirable pursuant to paragraph (2) of subsection c. of section 33, or if the parolee is convicted of a criminal offense committed while on parole, the board shall order a revocation hearing to be conducted by a revocation hearing officer, other than the officer previously designated pursuant to section 33 of this act, within 60 days after the date a parolee is taken into custody as a parole violator. The parolee or the revocation hearing officer may request postponement of the revocation hearing, which may be granted by appropriate board panel for good cause, but in no event shall such postponement, if requested by the hearing officer, exceed 120 days.

    b. Prior to the revocation hearing, the parolee shall be given written notice of:

    (1) The time, date and place of the parole revocation hearing;

    (2) The right, pursuant to P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or such other qualified person as the parolee chooses;

    (3) The right to confront and cross-examination witnesses, and to rebut documentary evidence against him; and

    (4) The right to testify, to present evidence and to subpoena witnesses in his own behalf, provided a prima facie showing is made that the prospective witnesses will provide material testimony.

    c. The hearing officer shall maintain a full and complete record of the parole revocation hearing.

    d. After consideration of all evidence presented, if there is clear and convincing evidence that a parolee has violated a condition of his parole which is a basis for return to custody pursuant to subsection b. or c. of section 31, and if revocation and return to custody is desirable in the instant matter, the appropriate board panel may revoke parole and return the parolee to custody, for a specified length of time, or in accordance with the provisions of sections 31 and 32 of this act, or the appropriate board panel may issue an order modifying parole and releasing the parolee or continuing parole and releasing the parolee.

    e. No more than 21 days following the hearing conducted pursuant to this section, the parolee and his representative shall be informed in writing of the decision, the particular reasons therefor, and the facts relied on.

     35. a. The board shall develop a schedule of future parole eligibility dates for parole violators whose parole has been revoked pursuant to section 34 of this act. In developing this schedule, particular emphasis shall be placed on the severity and circumstances of a parole violation and on the characteristics of the parole violator. The board shall establish special provisions for release of the parole violator to begin serving any new sentence, which emphasize the length of time remaining to be served on the prior sentence and the length of any new sentence.

    b. A future parole eligibility date for a parole violator returned to custody for reasons other than new criminal charges shall not be set more than one full year from the date of the parolee's return to custody.

    c. Any parole violator ordered confined for commission of a crime while on parole shall serve at least six months or that portion of the custodial term remaining, whichever is less, before parole release.

    d. Any period of confinement for parole violation shall be deemed to be a parole eligibility term for purposes of aggregation pursuant to subsection g. of section 13 of this act.

    36. Time served prior to parole, plus any time served on parole, less any time after a warrant was issued pursuant to section 33 but before the parolee is arrested, plus time served after revocation of parole, shall not exceed the term specified in the original sentence.

    37. The appropriate board panel may give any parolee a complete discharge from parole prior to the expiration of the full maximum term for which he was sentenced, provided that:

    a. the parolee has made a satisfactory adjustment while on parole;

    b. continued supervision is not required; and,

    c. the parolee has made full payment of any fine or restitution.

    38. a. The appropriate board panel and the Department of Corrections may enter into formal agreements with individual parolees or inmates reduced to writing and signed by all parties, which stipulate individual programs of education, training, or other activity which shall result in a specified reduction of the parolee's parole term pursuant to section 37 of this act, upon such successful completion of the program.

    b. Any parolee or inmate shall be permitted to apply to the board for such an agreement. The board panel shall review all such applications and may approve any application consistent with eligibility requirements promulgated by the board pursuant to section 6 of this act.

    c. Upon approval of the parolee or inmate's application, the board panel shall be responsible for specifying the components necessary for any such agreement. Upon acceptance of the agreement by the Department of Corrections, by the board panel and by the parolee or the inmate, the board panel shall reduce the agreement to writing. The parolee or inmate and the Department of Corrections shall be given a copy of any such agreement.

    d. Any such agreement shall be terminated by the board panel in the event the parolee or inmate fails to refuses to satisfactorily complete each component of the agreement. The inmate or parolee shall be notified in writing of any such termination and the reasons therefor. Any such termination may be appealed to the full board pursuant to section 29 of this act.

    39. All records, files and documents of the State Parole Board created pursuant to P.L.1948, c.84 (C.30:4-123.1 et seq.) and P.L.1979, c.441 (C.30:4-123.45 et al.) shall be transferred to the Review and Parole Board, and all rules, regulations and functions of the State Parole Board, and the Boards of Trustees relating to the parole, shall continue in force until duly modified or repealed by the board.

    40. All acts and parts of acts which are inconsistent with the provisions of this act are, to the extent of such inconsistency, superseded; provided however, that no provisions of the New Jersey Code of Criminal Justice shall be superseded hereby.

    41. Whenever a person is sentenced to a term of imprisonment in a county correctional institution pursuant to subsection c. of N.J.S.2C:43-10, the sentence shall be imposed as follows:

    a. In the case of a person convicted of a crime, the person shall be placed on probation and sentenced to a term of imprisonment fixed by the court of not more than 364 days to be served as a condition of probation; or

    b. In the case of a person convicted of a disorderly persons offense, the person shall be placed on probation and sentenced to a term of imprisonment fixed by the court of not more than 90 days to be served as a condition of probation.

    42. After the effective date of this act, with respect to the functions, powers and duties hereby transferred to the Review and Parole Board, whenever in any statute, rule or regulation reference is made to the State Parole Board the same shall mean and refer to the Review and Parole Board.

    43. The following are hereby repealed:

P.L.1979, c.441 (C.30:1B-123.45 through 30:1B-123.69);

Section 5 of P.L.1982, c.71 (C.30:4-123.52);

Section 4 of P.L.1994, c.131 (C.30:4-123.55a).

    44. This act shall take effect on the first day of the sixth month after enactment; however, the Chairman of the State Parole Board and the Commissioner of Corrections may take such anticipatory action as may be needed to provide for its implementation.

STATEMENT

    This bill, the "Review and Parole Act of 1995," proposes major revisions to this State's parole system.

    The Parole Act of 1979 created the presumption that an inmate would not serve the entire sentence imposed. Currently, the State has the burden of demonstrating the reasons why an inmate should not be released. Under this bill, the inmate would bear the burden of demonstrating through clear and convincing evidence that he should be released, and such release would occur only after a careful review process. The parole decision would be based upon a structured review of an inmate's readiness, recorded from the time before incarceration through the parole eligibility date. The bill creates a Review and Parole Board to replace the existing parole board to maximize public safety by carefully assessing an inmate's progress before release from incarceration. The decision to release an inmate would be made by the appropriate Review and Parole Board Panel on recommendation from a release hearing officer.

    The board would consist of nine members appointed by the Governor, for a term of six years, with the advice and consent of the State Senate. The Governor may appoint any board member to be Chairman of the Review and Parole Board. The chairman would serve at the pleasure of the Governor and may be replaced by the Governor with another board member at any time, with the advice and consent of the Senate. The chairman would be required to possess at least 10 years experience in corrections, parole or probation, at least three of which were spent in a supervisory or management capacity, and a bachelor's degree in the behavioral sciences, such as sociology, psychology, social work, or criminal justice. Work experience could not be substituted for the required educational credentials.

    The associate members of the Review and Parole Board would be required to possess at least five years experience in corrections, parole or probation, at least two of which were spent in a supervisory or management capacity, and a bachelor's degree in the behavioral sciences such as sociology, psychology, social work, or criminal justice. Work experience could not be substituted for the required educational credentials.

    All parole officers hired after the bill's effective date, including release hearing officers, parole evaluators, pre-parole planners, and field parole officers would be required to possess a minimum of a bachelor's degree in the behavioral sciences.

    Revocation hearing officers would be required to possess a minimum of a Juris Doctor degree and admission to practice law in the State of New Jersey, or a Ph.D in sociology, psychology, social work, or criminal justice, coupled with at least 10 years experience in a parole or probation agency, at least three of which were served in a supervisory or management capacity. Work experience could not be substituted for the required educational credentials.

    Under the provisions of this bill, all responsibilities, functions, and employees comprising the parole process, including the Parole Board and staff, the Bureau of Parole in the Department of Corrections, and all others, including those involved with parole and assigned to Department of Corrections institutions and central offices, would be transferred to the Review and Parole Board. All non-parole services would remain within the Department of Corrections.

    Currently, the Bureau of Parole has 13 district offices. Under this bill there would be 10 district offices, and regional offices in the northern, southern and central regions of the State. District offices would be headed by a senior parole officer. A victim services component would be established in each district office to address victim concerns, to provide mediation services and foster a sensitivity within the parolee for harm done to victims. The regional offices also would function as restitution centers where certain parolee caseloads would be transferred. These caseloads are comprised of persons who are not eligible to be released from field officer caseloads due to unpaid fines, fees and assessments imposed by the courts or pursuant to law. This type of restitution system would relieve the field offices of 20,000 cases annually. In addition, the court would be able to order a parolee to perform community service as specified by the chairman. The parolee would be credited at minimum wage for each hour of community service performed, and this credit would be applied to the balance of any fines, fees or other assessments owed.

    Unlike the procedures of the current parole system, release decisions under this bill would derive from a risk assessment process, which would begin upon receipt of the inmate in the State correctional system. All parole functions currently being performed by the Bureau of Parole's institutional parole officers and parole counselors would be performed by parole evaluators. Whenever an inmate is received at the Correctional Reception Unit from the sentencing court, a parole evaluator would immediately begin to assess the risk involved in releasing the inmate upon eligibility. The parole evaluator would utilize the criminal offense and trial information summary prepared by the county prosecutor's office, which would detail all the circumstances of the offense, all elements involved in any decision to plea-bargain, a detailed description of the trial if appropriate, any harm to a victim, or any other factors that were significant in the imposition of sentence. At least annually, the parole evaluator would conduct a reassessment interview to determine an inmate's progress and rehabilitative potential.

    Prior to the inmate's primary parole eligibility date, the inmate would meet with a release hearing officer, who would conduct a final risk assessment of the offender's suitability for release. The officer would recommend the inmate for parole release consideration or parole denial. For non-violent offenders, the release hearing officer's decision would be reviewed by an associate member of the appropriate board panel. If the recommendation is appropriate and in favor of parole release, the board member would certify a parole release date. If the recommendation is not in favor of release, parole would be denied and a future eligibility date would be established based on the schedule in the bill. Currently, if a hearing officer recommends denial, a parole consideration hearing must be held by a board panel. If the officer's recommendation is not appropriate or a hearing is otherwise necessary, the board panel member would refer the release or denial decision for a hearing before two members of the appropriate board panel. For an inmate who committed a crime of the first or second degree which resulted in bodily harm, the release hearing officer's decision would be reviewed by the Violent Crimes Board Panel, which would consist of the four members from the two adult panels and the chairman as the fifth member. The procedure for murder cases would remain unchanged; a hearing would be held before the full board. The factors to be considered in the parole decision are enumerated in the bill.

    The board would deny parole in any case where an inmate has not demonstrated by clear and convincing evidence that he does not pose a threat to public safety. Under current law, the inmate must be released at the time of parole eligibility unless a preponderance of the evidence indicates that there is a substantial likelihood that the inmate will commit a crime.

    Prior to the release of an inmate who has been granted parole, a parole evaluator would prepare an objectives based community supervision plan which will be forwarded to a field parole officer. The officer would use this community supervision plan as the basis for the initial supervision.

    During the pre-release process, representatives of the regional offices, known as pre-parole planners, would visit inmates with set parole release dates in order to 1) determine the feasibility of the community supervision plan given the resources available in the region where the inmate will be paroled, and 2) hold information sessions to prepare inmates for life outside the institution.

    The field parole officer also would meet with the parole evaluator to conduct a case conference. Subsequent to the case conference, the field parole officer would conduct an investigation of the proposed parole plan. If the proposed community parole plan requires modification, a request would be submitted to the board panel through the parole evaluator for consideration of the proposed changes.

    Currently, no meaningful pre-parole planning process occurs. This program of continuous evaluation and planning will help to build stronger parolees by providing assistance while they are incarcerated and also showing them what to expect when they are paroled.

    Once an inmate has been released on parole supervision, a detailed assessment of the case shall be conducted by the field parole officer. Working from the case plan developed during pre-release, the officer will determine if modifications are necessary. Once the assessment process is complete, an objectives based case plan will be executed in accordance with the time frames established.

    Under the provisions of the bill, a risk assessment would be used to assign a parolee's case to the appropriate officer caseload. Those parolees who present the highest risk to public safety would be classified as such and receive the highest degree of supervision. Risk reassessments would be conducted at least semi-annually.

    Under current law, the parole board is responsible for county parolees. This bill would remove the county parole responsibility from the new Review and Parole Board. In a county setting, an inmate may be on parole for only a few days. This is a drain on resources and a burden on parole officer caseloads. Under the provisions of this bill, a person sentenced to a term of imprisonment in a county correctional institution would be placed on probation and would serve a period of imprisonment as a condition of probation.

    The Parole Act of 1979 and subsequent amendments granted a parole officer the authority to arrest a parolee either with a warrant from the board or on his own in an emergency situation. This bill consolidates the warrant authority. Since field supervision (currently conducted by the Bureau of Parole in the Department of Corrections) would be moved under the Review and Parole Board, a field parole officer will have the power to arrest a parolee who has violated a condition of parole under the warrant authority of the board. The officer would still have the emergency power to arrest, but this power will originate from the board's warrant issuing authority.

    While this bill repeals the Parole Act of 1979 in its entirety, the bill does not revise current law governing parole eligibility. It also incorporates the current schedule promulgated by the Commissioner of Corrections concerning eligibility after parole has been denied. The bill also does not revise current law concerning parole revocation.

"Review and Parole Act of 1995."