SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 524

STATE OF NEW JERSEY

DATED: FEBRUARY 10, 1997

      The Senate Budget and Appropriations Committee reports favorably the Senate Committee Substitute for Senate Bill No. 524.

      The Senate Committee Substitute for Senate Bill No. 524 provides for a sentence of lifetime parole supervision for persons paroled after serving a sentence for any of the following crimes: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnaping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual contact which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; or luring; or an attempt to commit any such offense. The lifetime parole supervision will commence immediately upon completion of any other sentence imposed by the court upon the person in accordance with Title 2C of the New Jersey Statutes.

      During lifetime parole supervision, a person will remain on release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the Bureau of Parole as if on parole, subject to the provisions and conditions set forth in the bill.

      A person on lifetime parole supervision may petition the Superior Court for release from supervision when 15 years have elapsed from the date of the person's last conviction or release from incarceration, whichever is later, and the person is not likely to pose a threat to the safety of others if released from supervision.

      This bill will apply only for a person sentenced for a crime described above that was committed on or after the enactment date of this bill. A person sentenced for a crime described above that was committed on or after October 31, 1994 but prior to the enactment of this bill will be sentenced under to the "Violent Predator Incapacitation Act of 1994," P.L.1994, c.130 (C.2C:43-6.4), another provision of law providing for lifetime supervision for persons convicted of the same offenses described in this bill.

      The appropriate board panel of the State Parole Board will have the authority, in accordance with current law, to revoke the person's release status and return the person to custody. If the person's release status is revoked, the person will remain incarcerated until it is determined that the person is again eligible for release status.

      The parole board will have the authority to impose such conditions on the release status of a person on lifetime parole supervision, including participation in any aftercare treatment program, as is deemed appropriate to protect the public and foster rehabilitation of the person.

      The release status of a person on lifetime parole supervision will be subject to the following conditions:

      (1) the payment to the Department of Corrections, in accordance with the person's financial ability, of the assessment for the full cost or a portion of the cost of supervision, including any aftercare treatment program in which the person is required to participate;

      (2) the obligation to provide to the department any information on the person's ability to pay the assessment imposed pursuant to a schedule and in the manner specified by the department; and

      (3) the obligation to make payments of the assessment to the department pursuant to a schedule and in the amounts required by the department.

      Finally, the bill authorizes the Department of Corrections to impose an assessment upon a person who has been sentenced to lifetime parole supervision for the cost or a portion of the cost of the supervision.

FISCAL IMPACT

      It is not known at this time how many offenders would be sentenced to lifetime parole supervision and, therefore, what impact this bill will have on the caseload of the Bureau of Parole within the Department of Corrections. In addition, it is not known at this time how many offenders would be financially able to pay for the cost of their supervision.

      According to the Department of Corrections, 511 sex offenders were released from the Department of Corrections during Fiscal Year 1995. Of this number, 12 were paroled and 118 maxed out from the Adult Diagnostic and Treatment Center. The other 383 were released from other State correctional institutions. It is not known at this time how many of these offenders would have been sentenced to lifetime parole supervision. Assuming that the State will experience similar release numbers in the future, it can be expected that over a ten-year period this bill may impact 4,000 to 5,000 criminal offenders in this State.

      Finally, the department noted in a fiscal note to an earlier version of this bill that in order for it to assess and collect fees from persons sentenced to lifetime parole supervision (which this committee substitute still envisions), it would be necessary to hire additional fiscal staff to review offender financial records and bookkeeping staff to process fees collected. The number of additional staff would be determined by the number of offenders and the volume of offender financial records which would need to be reviewed and possibly audited to determine the offender's ability to pay.