SENATE, No. 254

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator KOSCO

 

 

An Act concerning parole eligibility and amending and supplementing Title 30 of the Revised Statutes.

 

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

 

    1. 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, and is authorized to withdraw from the remainder of the inmate’s total income an amount not to exceed one-third of the total income as may be required to pay costs and fees charged or owing, pursuant to section 2 of P.L. 1995, c.254 (C.30:7E-2).

    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 apply only to inmates sentenced prior to the effective date of P.L.. ,c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1995, c.254, s.10)

 

    2. 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        B                        C

                         Progressive Credits                 Credits for Each Full

                           for Minimum and                Month of Fractional

Minimum and Maximum Sentences Part of a Year in

Maximum in Years Excess of Column A

 Sentences in Years (days) (days)

 

           1                72                               7

           2                156                               8

           3                 252                      8

           4 348                                    8

           5 444                                   8

           6                 540                        8

           7                 636                          10

           8                 756                             10

           9                  876                           10

          10                 996                              10

          11 1,116                                  10

          12 1,236                                    11

          13 1,368                                    11

          14 1,500                                    11

          15 1,632                                    11

          16 1,764                                    11

          17 1,896                                  12

          18 2,040                                   12

          19 2,184                                    12

          20 2,328                                   12

          21 2,472                                   12

          22 2,616                                    13

          23 2,772                                    13

          24 2,928                                    13

          25 3,084                                  15

          26 3,264                                   15

          27 3,444                                   15

          28 3,624                                   15

          29 3,804                                   15

          30 3,984                                   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 apply only to inmates sentenced prior to the effective date of P.L. ,c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1957, c.27, s.1)

 

    3. Section 9 of P.L.1979, c.441 (C.30:4-123.53) is amended to read as follows:

    9. a. An adult inmate sentenced prior to the effective date of

P.L. , c. (C. )(now pending before the Legislature as this bill) shall be released on parole at the time of parole eligibility, unless information supplied in the report filed pursuant to section 10 of this act or developed or produced at a hearing held pursuant to section 11 of this act indicates by a preponderance of the evidence that there is a substantial likelihood that the inmate will commit a crime under the laws of this State if released on parole at such time. In reaching such determination, the board panel or board shall state on the record the reasons therefor.

    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.

    c. (1) Except as provided in paragraph (2) of this subsection, an adult inmate sentenced on or after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be released on parole at the time of parole eligibility if the parole board determines that there is no substantial likelihood that the inmate will commit a crime under the laws of this State if released on parole at such time.

    (2) An adult inmate sentenced on or after the effective date of

P.L. , c. (C. ) (now pending before the Legislature as this bill) for an offense involving serious bodily injury or the threat of serious bodily injury shall be released on parole at the time of parole eligibility if the inmate demonstrates, by a preponderance of the evidence, to the board panel or board that there is no substantial likelihood that the inmate will commit a crime under the laws of this State if released at such time.

    (3) In reaching a decision pursuant to the provisions of either paragraph (1) of (2) of this subsection, the board panel or board shall consider the information supplied in the report filed pursuant to section of 10 of P.L. 1979, c. 441 (C.30:4-123.54) and any information developed or produced at a hearing held pursuant to section 11 of P.L. 1979, c. 411 (C.30:4-123.55). The reasons for making a decision pursuant to this subsection shall be stated on the record.

(P.L.1979, c. 441, s.9.)

 

    4. (New section) a. As used in this section:

    (1) "Commissioner" means the Commissioner of the Department of Corrections.

    (2) "Department" means the Department of Corrections.

    (3) "Inmate" means an adult inmate sentenced to a term of imprisonment in a State correctional institution on or after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill).

    (4) "Prohibited act" means any conduct listed in N.J.A.C. 10A:4-4.1.

    (5) "Major violation" means a violation of a prohibited act listed in N.J.A.C.10A:4-4.1 that is designated by an asterisk, or any other applicable provision of the administrative code.

    (6) "Minor violation" means the violation of a prohibited act listed in N.J.A.C.10:4-4.1 which is not designated with an asterisk, or any other applicable provision of the administrative code.

    b. (1) An inmate who is found pursuant to procedures adopted by the department to have committed a major violation shall have up to 365 days added to the inmate's parole eligibility date.

    (2) An inmate who is found pursuant to procedures adopted by the department to have committed a minor violation shall have up to 60 days added to the inmate's parole eligibility date.

    c.(1) If the department determines that an inmate failed to diligently perform any work assignment, one day shall be added to the inmate's parole eligibility date for each day or partial day during which the inmate fails to perform a work assignment in a dilegent manner.

    (2) If the department determines that an inmate has failed to fully cooperate or participate in any counseling, education or treatment program to which the inmate is assigned, one day shall be added to which the inmate's parole eligibility date for each day or partial day during which the inmate fails to fully cooperate or participate.

    d. Nothing in this section shall be deemed to limit the authority of the department to impose any other disciplinary sanction authorized by law or by any regulation adopted by the department on an inmate found to have committed a prohibited act.

    e. The commissioner is authorized to adopt any rule or regulation necessary for the implementation of the provisions of this section.

 

    5. This act shall take effect immediately.

 

 

STATEMENT

 

    Presently, under the laws governing parole in New Jersey, a criminal defendant sentenced to a term of imprisonment in a State correctional facility is eligible for parole, unless a specific term of parole ineligibility is imposed, after serving one-third of the sentenced imposed. This one-third minimum is further reduced by good time and work credits. This bill would eliminate good time and work credits. Under this bill, inmates who violate prison rules or who do not diligently complete work assignments could have time added to their parole eligibility date. Time could also be added to their parole eligibility date if inmates do not fully cooperate or participate in any counseling, education or treatment program to which they are assigned.

    Under present New Jersey law, an inmate must be released on parole unless the Parole Board determines by a preponderance of the evidence that is a substantial likelihood that the inmate would commit a crime if released at that time. This bill would provide that if an inmate has been imprisoned for a crime involving serious bodily injury or the threat of serious bodily injury, the inmate shall not be released on parole unless the inmate demonstrates by a preponderance of the evidence that there is not a substantial likelihood that the inmate will commit a crime. With regard to inmates imprisoned for crimes not involving violence or the threat of violence, the standard for release would be a determination by the parole board that there is no substantial likelihood that the inmate will commit a crime.

 

 

 

Proposes a series of amendments to the laws governing parole.