SENATE, No. 2202




DATED: JUNE 16, 1997


      The Senate Law and Public Safety Committee reports favorably Senate Bill No. 2202.

      This bill provides for organizational changes to the State Parole Board in response to a recommendation of the Governor's Study Commission on Parole.

      Under the provisions of the bill, the Governor is authorized to designate a vice-chairman from among the regular associate members of the Parole Board to assume the chairman's duties and responsibilities whenever the chairman is absent or incapable of performing those duties or responsibilities. The Governor also is authorized to appoint a permanent alternate member who, like the associate members, would serve a term of six years. This alternate member would assume the duties and responsibilities of any absent or incapacitated associate member.

      The bill provides that the vice chairman and the alternate member hold their positions only until the chairman or associate member, as the case may be, returns to his duties or, in the case of a removal or permanent incapacity, until a successor appointed by the Governor qualifies.

      The bill also provides that the alternate member is authorized to replace any associate, regardless of whether that associate is serving on the panel on juvenile commitments, adult sentences, prison sentences or young adult sentences.

      Currently, in the absence of the chairman, the senior board member is required pursuant to N.J.A.C.10A:71-1.5 to function as the presiding member of the board or board panel. Under the same section, when a member of a board panel on adult inmates is disqualified resulting in the absence of a quorum, the chairman may immediately assign another member of one of the board panels on adult inmates to serve while the other member is disqualified. In the absence of a quorum on a juvenile panel due to a disqualification, the chairman currently must immediately request the Governor to appoint a qualified person to serve during the absence of the disqualified board member.

      This bill is identical to Assembly Bill No. 26 (IR), which also was released by the committee on this date.