Bill Text: NJ A3523 | 2016-2017 | Regular Session | Introduced


Bill Title: Requires Division of Parole to offer parole services to certain defendants who have served their maximum sentence.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Enrolled - Dead) 2018-01-05 - Passed Senate (Passed Both Houses) (30-0) [A3523 Detail]

Download: New_Jersey-2016-A3523-Introduced.html

ASSEMBLY, No. 3523

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED APRIL 4, 2016

 


 

Sponsored by:

Assemblywoman  ELIZABETH MAHER MUOIO

District 15 (Hunterdon and Mercer)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

     Requires Division of Parole to offer parole services to certain defendants who have served their maximum sentence.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning defendants who serve their maximum sentence and supplementing P.L.1979, c.441.    

 

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

 

     1.  a.  Notwithstanding any other provision of law to the contrary, a defendant who has served the maximum term of imprisonment shall, upon request, be offered the same assistance available to a defendant released on parole pursuant to the procedures and standards set forth in section 15 of P.L.1979, c.441 (C.30:4-123.59). 

     b.  The Commissioner of Corrections shall advise a defendant who has served the maximum term of imprisonment of the assistance to which the defendant is entitled pursuant to subsection a. of this section prior to the defendant's release from incarceration and provide contact information necessary to access available resources. 

 

     2.  This act shall take effect on the first day of the fourth month after enactment. 

 

STATEMENT

 

     This bill requires the Division of Parole to offer the same post-release services to defendants who have served the maximum term of incarceration that are provided to defendants who are released on parole.  Under the bill, these services are to be provided upon the request of the defendant.  The bill directs the Commissioner of Corrections to advise these defendants of the availability of these services and to provide the defendant with the appropriate contact information.    

     Under current law, defendants incarcerated in a State correctional facility who do not participate in their own rehabilitation while incarcerated, or who have been denied release under the regular parole process, effectively serve the maximum sentence of imprisonment.  These so called "max-outs" subsequently are released directly into the community without any supervision or transitional services.  Twice as many defendants max-out as are released on parole.  Defendants who max-out are not provided services that are available to parolees, such as access to residential community release programs, known as halfway houses; drug treatment programs; residential programs; community resource centers; emergency housing placement; and other basic support services.  Studies indicate that parolees are less likely to recidivate than max-outs because of the supervision they receive after release. 

     The sponsor intends to address this important public safety issue by allowing max-outs access to parole services to facilitate their successful reentry into the community. 

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