SENATE SUBSTITUTE FOR

SENATE, No. 254

STATE OF NEW JERSEY

ADOPTED JUNE 16, 1997

Sponsored by Senators KOSCO, GIRGENTI, Sinagra, O'Connor and Scott

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

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

      1. a. As used in this section:

      (1) "Commissioner" means the Commissioner 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 diligent 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 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.

      2. This act shall take effect immediately.

STATEMENT

      This substitute bill permits the addition of time to the parole eligibility date of an inmate who violates prison rules or who does not diligently complete work assignments. Time also may 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.

Permits adding time to parole eligibility date in certain cases.