SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 338

with committee amendments

STATE OF NEW JERSEY

DATED: OCTOBER 24, 1996

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 338.

      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.

      In addition to the proposed change to the parole laws, the bill would also amend several sections of Title 2C which mandates minimum terms of imprisonment without eligibility for parole for certain offenses. For example, the "Graves Act" requires the imposition of a term of parole ineligibility of between one-third and one-half the sentence imposed on persons convicted of certain offenses while armed with a firearm. This bill proposes that all inmates serve one-half the sentencing statutes such as the "Graves Act" to require that persons sentenced under those statutes be required to serve at least three-fifths of their sentences before eligible for parole review.

      As amended by the committee, the bill provides that an inmate would be eligible for parole after serving 85% of the sentence imposed if convicted of a crime of the first or second degree involving violence. In all other cases, inmates would be eligible for parole after serving one-half of the sentence imposed.