Bill Text: NJ A2358 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes that only non-violent offenders should have their cases reviewed by the parole board every three years.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-02-25 - Introduced, Referred to Assembly Law and Public Safety Committee [A2358 Detail]
Download: New_Jersey-2010-A2358-Introduced.html
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen, Essex and Passaic)
Assemblywoman CHARLOTTE VANDERVALK
District 39 (Bergen)
Co-Sponsored by:
Assemblyman Schroeder
SYNOPSIS
Establishes that only non-violent offenders should have their cases reviewed by the parole board every three years.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parole release 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 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] the case [shall] of a non-violent offender who was convicted on or after the effective date of P.L. , c. (C. ), 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] the case [shall] of a non-violent offender who was convicted on or after the effective date of P.L. c. (C. ), such 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.
d. For the purposes of this section, a non-violent offender means an inmate who was convicted of an offense other than:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug-induced deaths; (16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; or
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices.
(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 non-violent 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 only be required to set a future eligibility date within three years for non-violent offenders. The bill defines a non-violent offender as an inmate who was convicted of an offense other than one of the following first and second degree crimes: 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; booby traps in manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; and producing or possessing chemical weapons, biological agents or nuclear or radiological devices.
The bill would only apply to non-violent offenders whose convictions occur on or after the effective date of the bill.
