SENATE, No. 339

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator MARTIN

An Act concerning parole eligibility in certain circumstances and amending section 12 of P.L.1979, c.441 (C.30:4-123.56).

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

    1. Section 12 of P.L.1979, c.441 (C.30:4-123.56) is amended to read as follows:

    12. a. The board shall develop a schedule of future parole eligibility dates for adult inmates denied release at their eligibility date. In developing such schedule, particular emphasis shall be placed on the severity of the offense for which he was denied parole and on the characteristics of the offender, such as, but not limited to, the prior criminal record of the inmate and the need for continued incapacitation of the inmate.

    b. If the release on the eligibility date is denied, the board panel which conducted the hearing shall refer to the schedule published pursuant to subsection a., and include in its statement denying parole notice of the date of future parole consideration. If such date differs from the date otherwise established by the schedule, the board panel shall include particular reasons therefor. Such future parole eligibility date shall take into account usual remissions of sentence for good behavior and diligent application to work and other assignments. Such future parole eligibility date may also be altered pursuant to section 8 of this act.

    c. (1) An 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 on the new parole eligibility date unless new information filed pursuant to a procedure identical to that set forth in section 10 of P.L.1979, c.441 (C.30:4-123.54) 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. The determination of whether there is such an indication in the new preparole report 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 sections 11 and 12 of P.L.1979, c.441 (C.30:4-123.55 and C.30:4-123.55).

    (2) The provisions of subsection c. of section 9 of P.L.1979, c.441 (C.30:4-123.53) shall govern whether an 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 on the new parole eligibility date.

(cf: P.L.1979, c.441, s.12)

    2. This act shall take effect immediately

STATEMENT

    This bill would give the parole board more discretion in reviewing the case of an inmate who has been previously denied parole. Currently, the parole board is required to allow the inmate to be released on parole unless new information obtained in a new preparole report indicates that the inmate should not be released. Under the provisions of this bill, the same standards outlined above with regard to initial parole determinations would also be applicable to subsequent parole determinations for inmates whose parole had initially been denied. Any relevant information including information contained in the original preparole report could be used in making these determinations.

Modifies procedures used by Parole Board in reviewing cases of inmates initially denied parole.