SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 254

with committee amendments

STATE OF NEW JERSEY

DATED: OCTOBER 24, 1996

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 254.

      Under the current 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 sentence imposed. This one-third minimum is further reduced by good time and work credits. Senate Bill No. 254 would eliminate these good time and work credits. In addition, under this bill time could be added to the parole eligibility date of an inmate who violates prison rules or who does not diligently complete work assignments. Time also could be added to the parole eligibility date of an inmate who does not fully cooperate or participate in any counseling, education or treatment program to which the inmate is assigned.

      Under current law, an inmate must be released on parole unless the Parole Board determines by a preponderance of the evidence that there is a substantial likelihood that the inmate would commit a crime if released at that time. This bill provides that if an inmate has been imprisoned for a crime involving serious bodily injury or the threat of serious bodily injury, the inmate would not be released on parole unless the inmate demonstrates by a preponderance of the evidence that there is not a substantial likelihood that he will commit a crime. If an inmate was imprisoned for a crime 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.

      The committee amendments are clarifying and technical in nature.