SENATE, No. 1507
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 19, 1996
By Senators McGREEVEY and KENNY
An Act concerning sentences imposed for crimes committed while on parole and amending N.J.S.2C:44-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:44-5 is amended to read as follows:
2C:44-5. Multiple Sentences; Concurrent and Consecutive Terms.
a. Sentences of imprisonment for more than one offense. When multiple sentences of imprisonment are imposed on a defendant for more than one offense, including an offense for which a previous suspended sentence or sentence of probation has been revoked, such multiple sentences shall run concurrently or consecutively as the court determines at the time of sentence, except that:
(1) The aggregate of consecutive terms to a county institution shall not exceed 18 months; and
(2) Not more than one sentence for an extended term shall be imposed.
There shall be no overall outer limit on the cumulation of consecutive sentences for multiple offenses.
b. Sentences of imprisonment imposed at different times. When a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for an offense committed prior to the former sentence, other than an offense committed while in custody:
(1) The multiple sentences imposed shall so far as possible conform to subsection a. of this section; and
(2) Whether the court determines that the terms shall run concurrently or consecutively, the defendant shall be credited with time served in imprisonment on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and
(3) When a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence shall not be deemed to run during the period of the new imprisonment unless the court determines otherwise at the time of sentencing.
c. Sentence of imprisonment for offense committed while on parole. When a defendant is sentenced to imprisonment for an offense committed while on parole in this State, such term of imprisonment and any period of reimprisonment that the parole board may require the defendant to serve upon the revocation of his parole shall run consecutively unless the court, in consideration of the character and conditions of the defendant and facts relating to the crimes, orders these sentences to run concurrently, in which case it shall find that the imposition of consecutive sentences would be a serious injustice which overrides the need to deter such conduct by others. The reasons for imposing a concurrent sentence shall be separately set forth in detail in the sentencing decision.
d. Multiple sentences of imprisonment in other cases. Except as otherwise provided in this section, multiple terms of imprisonment shall run concurrently or consecutively as the court determines when the second or subsequent sentence is imposed.
e. Calculation of concurrent and consecutive terms of imprisonment.
(1) When terms of imprisonment run concurrently, the shorter terms merge in and are satisfied by discharge of the longest term.
(2) When terms of imprisonment run consecutively, the terms are added to arrive at an aggregate term to be served equal to the sum of all terms.
f. Suspension of sentence or probation and imprisonment; multiple terms of suspension and probation. When a defendant is sentenced for more than one offense or a defendant already under sentence is sentenced for another offense committed prior to the former sentence:
(1) The court shall not sentence to probation a defendant who is under sentence of imprisonment, except as authorized by paragraph (2) of subsection b. of N.J.S.2C:43-2;
(2) Multiple periods of suspension or probation shall run consecutively, unless the court orders these sentences to run concurrently from the date of the first such disposition;
(3) When a sentence of imprisonment in excess of one year is imposed, the service of such sentence shall satisfy a suspended sentence on another count or prior suspended sentence or sentence to probation, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively; and
(4) When a sentence of imprisonment of one year or less is imposed, the period of a suspended sentence on another count or a prior suspended sentence or sentence to probation shall run during the period of such imprisonment, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively.
g. Offense committed while under suspension of sentence or probation. When a defendant is convicted of an offense committed while under suspension of sentence or on probation and such suspension or probation is not revoked:
(1) If the defendant is sentenced to imprisonment in excess of one year, the service of such sentence shall not satisfy the prior suspended sentence or sentence to probation, unless the court determines otherwise at the time of sentencing;
(2) If the defendant is sentenced to imprisonment of one year or less, the period of the suspension or probation shall not run during the period of such imprisonment; and
(3) If sentence is suspended or the defendant is sentenced to probation, the period of such suspension or probation shall run concurrently with or consecutively to the remainder of the prior periods, as the court determines at the time of sentence.
h. Offense committed while released pending disposition of a previous offense. When a defendant is sentenced to imprisonment for an offense committed while released, with or without bail, pending disposition of a previous offense, the term of imprisonment shall run consecutively to any sentence of imprisonment imposed for the previous offense, unless the court, in consideration of the character and conditions of the defendant, finds that imposition of consecutive sentences would be a serious injustice which overrides the need to deter such conduct by others.
(cf: P.L.1993, c.223, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides that the sentence for a crime committed while on parole would be served consecutively with any other term of imprisonment imposed unless the court, in consideration of the character and conditions of the defendant and the facts related to the crimes, makes a determination that consecutive sentences would be a serious injustice that overrides society's need to discourage the commission of crimes by other parolees. The court must set forth, in detail, its reasons for imposing a concurrent sentence. This will assist an appeals court in determining if the trial court's imposition of consecutive sentencing is a valid exercise of discretion.
Presently, the court has considerable discretion to order sentences imposed for crimes committed on parole to be served concurrently. This is a common occurrence due to the plea bargaining practices of county prosecutors and often results in minimal punishment, if any, for committing the subsequent crime while on parole. Former Governor Kean once noted in a conditional veto statement to Assembly Bill No. 483 of 1983 that "[p]ersons who commit multiple offenses while released under some form of public trust should be required to serve a separate sentence for each offense."
In State v. Yarbough, 100 N.J. 627, 498 A. 2d 1239, the court held that ordinarily, separate crimes deserve separate punishment. This bill will help to eliminate the perception that an offender "can commit two crimes for the price of one."
Strengthens presumption that sentences for crimes committed while on parole be served consecutively with prior terms of imprisonment.