Bill Text: NJ A2245 | 2010-2011 | Regular Session | Introduced


Bill Title: Limits scope of inmates whose cases must be reviewed for parole eligibility every three years.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Law and Public Safety Committee [A2245 Detail]

Download: New_Jersey-2010-A2245-Introduced.html

ASSEMBLY, No. 2245

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 11, 2010

 


 

Sponsored by:

Assemblywoman  CHARLOTTE VANDERVALK

District 39 (Bergen)

Assemblyman  ROBERT SCHROEDER

District 39 (Bergen)

Assemblyman  GARY S. SCHAER

District 36 (Bergen, Essex and Passaic)

 

 

 

 

SYNOPSIS

     Limits scope of inmates whose cases must be reviewed for parole eligibility every three years.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning future parole eligibility dates and amending P.L.1979, c.441.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 12 of P.L.1979, c.441 (C.30:4-123.56) is amended to read as follows: 

     12.  a.  The board shall develop a schedule of future parole eligibility dates for adult inmates denied release at their eligibility date.  In developing [such] this schedule, particular emphasis shall be placed on the severity of the offense for which he was denied parole and on the characteristics of the offender, such as, but not limited to, the prior criminal record of the inmate and the need for continued incapacitation of the inmate[, however, in no case shall].    If the inmate was convicted of an offense other than an offense enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) on or after the effective date of this act, any parole eligibility date scheduled pursuant to this subsection shall be no more than three years following the date on which an inmate was denied release. 

     b.    If the release on the eligibility date is denied, the board panel which conducted the hearing shall refer to the schedule published pursuant to subsection a., and include in its statement denying parole notice of the date of future parole consideration.  If such date differs from the date otherwise established by the schedule, the board panel shall include particular reasons therefore[, however, in no case shall such date be]  .  If an inmate was convicted of an offense other than an offense enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) on or after the effective date of this act, the date shall be no more than three years following the date on which the inmate was denied release.  The future parole eligibility date shall not be altered to take into account remissions of sentence for good behavior and diligent application to work and other assignments; provided however, the future parole eligibility date may be altered pursuant to section 8 of P.L.1979, c. 441 (C.30:4-123.52).

     c.     An inmate shall be released on parole on the new parole eligibility date  unless information filed pursuant to a procedure identical to that set forth in section 10 of P.L.1979, c.441 (C.30:4-123.54) indicates by a preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) if released on parole at  that time.  The determination of whether the inmate shall be released on the new parole eligibility date shall be made pursuant to the procedure set forth in section 11 of P.L.1979, c.441 (C.30:4-123.55) and this section.

     For the purposes of this subsection, "failed to cooperate in his or her own rehabilitation" shall include, in the case of an inmate who suffers from mental illness as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) that does not require institutionalization, that the inmate failed to fully participate in or cooperate with all prescribed treatment offered during incarceration.

(cf:  P.L.1998, c.112, s.2)

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill would establish that only inmates convicted of less serious crimes would be required to have their future parole eligibility dates set within three years by the State Parole Board.  

     Under current law, the State Parole Board is required to develop a schedule of future parole eligibility dates for all adult inmates denied release at their eligibility date.  Section 6 of P.L.2009, c.330 specifies that the parole eligibility date must be no more than three years from the date on which the inmate was denied release.  If the inmate is denied release on this date, the inmate's subsequent parole eligibility date would also have to be no more than three years following the date on which the inmate was denied release. 

     Under the bill, the State Parole Board would no longer be required to set a future eligibility date within three years for an inmate who was convicted of a serious crime.  The serious crimes that would disqualify the inmate from the mandatory three-year parole eligibility review are those listed in the No Early Release Act (NERA) and include murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer;  kidnapping; aggravated sexual assault; sexual assault; robbery; carjacking; aggravated arson; burglary; extortion; setting booby traps in manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; producing or possessing chemical weapons, biological agents or nuclear or radiological devices; and first degree racketeering. 

     The bill also clarifies that the requirement of a future parole eligibility date be set within three years is prospective; it applies only to inmates who are convicted of an offense on or after the effective date of the bill. 

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