ENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 524

STATE OF NEW JERSEY

ADOPTED FEBRUARY 10, 1997

Sponsored by Senator BASSANO

An Act to impose lifetime parole supervision on certain criminal offenders, supplementing Title 2C of the New Jersey Statutes 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. Notwithstanding any provision of law to the contrary, a court imposing sentence on a person who has been convicted of: 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 conduct that 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 of the aforementioned offenses, shall impose upon the person a sentence of lifetime parole supervision, in addition to any other sentence imposed in accordance with Title 2C of the New Jersey Statutes. The sentence of lifetime parole supervision shall 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.

      b. During lifetime parole supervision, a person shall 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 of the Department of Corrections as if on parole, subject to the provisions and conditions set forth in section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill).

      c. A person on lifetime parole supervision may petition the Superior Court for termination of the sentence of lifetime parole supervision provided that 15 years have elapsed from the date of the person's last conviction or release from the sentence of incarceration, including incarceration resulting from a revocation of release status pursuant to section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill), whichever is later. The court shall grant a petition only upon proof that the person is not likely to pose a threat to the safety of others if released from supervision.

      d. This section shall apply only for a person sentenced for a crime described in subsection a. of this section that was committed on or after the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill). A person sentenced for a crime described in subsection a. of this section that was committed on or after October 31, 1994 but prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill) shall be sentenced pursuant to the "Violent Predator Incapacitation Act of 1994," P.L.1994, c.130 (C.2C:43-6.4).

      2. a. A person who has been sentenced to lifetime parole supervision and is on release status in the community pursuant to section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill) shall remain 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. The appropriate board panel of the State Parole Board shall have the authority, in accordance with the procedures and standards set forth in sections 15 through 21, inclusive, of P.L.1979, c.441 (C.30:4-123.59 through C.30:4-123.65, inclusive), to revoke the person's release status and return the person to custody. If the person's release status is revoked, the person shall be incarcerated until it is determined , in accordance with regulations adopted by the board, that the person is again eligible for release consideration pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53).

      b. The appropriate board panel shall have the authority to impose such conditions on the release status of a person on lifetime parole supervision as is deemed appropriate to protect the public and foster rehabilitation of the person. Such conditions may include participation in an aftercare treatment program and shall include:

      (1) payment 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, in accordance with the person's financial ability;

      (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.

      The Department of Corrections shall adopt rules and regulations to impose and collect an assessment required to be paid by a person sentenced to lifetime parole supervision for the cost of supervision.

      3. This act shall take effect immediately.