SENATE, No. 2244
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 17, 1997
By Senators ADLER and McGREEVEY
An Act concerning the parole of certain inmates and amending P.L.1997, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree shall fix a minimum term of 85% of the sentence during which the defendant shall not be eligible for parole if the crime is a violent crime as defined in subsection d. of this section. b. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also, unless the court imposes a sentence of lifetime parole supervision pursuant to P.L. , c. (C. )(now pending before the Legislature as Senate Bill No. 524 SCS), impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. A defendant shall not be released from incarceration and placed under parole supervison until the defendant tests negative for illegal drugs or intoxicating liquor. During the term of parole supervision the defendant shall remain in 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 and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. For the purposes of this section, "violent crime" means any crime in which the actor causes death, causes serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or uses or threatens the immediate use of a deadly weapon. "Violent crime" also includes any aggravated sexual assault or sexual assault in which the actor uses, or threatens the immediate use of, physical force or any violation of N.J.S.2C:15-1 or subsection b. of N.J.S.2C:12-1.
For the purposes of this section, "deadly weapon" means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.
e. A court shall not impose sentence pursuant to this section unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
(cf: P.L.1997, c.117, s.2)
2. This act shall take effect immediately.
STATEMENT
P.L.1997, c.117 requires a defendant who has committed a crime of the first or second degree involving violence to serve at least 85 percent of the term of incarceration imposed by the court before being eligible for parole.
This bill would clarify that all aggravated assaults and robberies are to be included among the crimes for which a defendant would be required to serve at least 85 percent of the term of incarceration. The bill also requires that a defendant be alcohol and drug free before being released from incarceration and placed under parole supervision.
Includes aggravated assaults and robberies under No Early Release Act; requires defendant to be drug and alcohol free before being paroled.