Bill Text: NJ A3822 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides for reduction in suspended sentence, probation, or parole based on compliance with conditions of sentence; requires report on effect on recidivism.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A3822 Detail]
Download: New_Jersey-2018-A3822-Introduced.html
Sponsored by:
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
Provides for reduction in suspended sentence, probation, or parole based on compliance with conditions of sentence; requires report on effect on recidivism.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning suspended sentences, probation, and parole, supplementing chapter 45 of Title 2C of the New Jersey Statutes and Title 30 of the Revised Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A defendant who is in compliance with the conditions of suspension or probation may be entitled to an earlier discharge from the period of suspension or probation pursuant to N.J.S.2C:45-2.
b. A defendant's period of suspension or probation shall be reduced by 30 days for each full calendar month the defendant is in compliance. For the purposes of this section, "compliance" shall mean the absence of a violation of a condition of suspension or probation as set forth in N.J.S.2C:45-1.
c. A defendant who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3), (4), or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these offenses shall be ineligible to receive an earlier discharge pursuant to this section.
d. The court shall review a defendant's compliance and eligibility to receive a reduction under this section at least once every six months.
2. N.J.S.2C:45-2 is amended to read as follows:
2C:45-2. Period of Suspension or Probation; Modification of Conditions; Discharge of Defendant.
a. When the court has suspended imposition of sentence or has sentenced a defendant to be placed on probation, the period of the suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more than [5] five years, whichever is lesser. The period of probation shall be fixed by the court at not less than [1] one year nor more than [5] five years. The period of suspension or probation may be reduced as a result of a defendant's compliance with the conditions of suspension or probation in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of the suspension or probation, the court, on application of a probation officer or of the defendant, or on its own motion, may (1) modify the requirements imposed on the defendants; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the court may order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section; or
(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event the court shall order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section.
The extension may be entered by the court without the defendant's personal appearance if the defendant agrees to the extension.
Notwithstanding any provision in this section to the contrary, any order of the court prohibiting contact with a victim imposed on a defendant convicted of a sex offense shall continue in effect following the termination of probation supervision until further order of the court.
(cf: P.L.2007, c.133, s.5)
3. N.J.S.2C:45-3 is amended to read as follows:
2C:45-3. Summons or Arrest of Defendant Under Suspended Sentence or on Probation; Commitment Without Bail; Revocation and Resentence.
a. At any time before the discharge of the defendant or the termination of the period of suspension or probation:
(1) The court may summon the defendant to appear before it or may issue a warrant for his arrest;
(2) A probation officer or peace officer, upon request of the chief probation officer or otherwise having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order or that he has committed another offense, may arrest him without a warrant;
(3) The court, if there is probable cause to believe that the defendant has committed another offense or if he has been held to answer therefor, may commit him without bail, pending a determination of the charge by the court having jurisdiction thereof;
(4) The court, if satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or if he has been convicted of another offense, may revoke the suspension or probation and sentence or resentence the defendant, as provided in this section, or order the forfeiture of a reduction in the period of suspension or probation granted in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). No revocation of suspension or probation shall be based on failure to pay a fine or make restitution, unless the failure was willful.
b. When the court revokes a suspension or probation, it may impose on the defendant any sentence that might have been imposed originally for the offense of which he was convicted.
c. The commencement of a probation revocation proceeding shall toll the probationary period until termination of such proceedings. In the event that the court does not find a violation of probation, this subsection shall not operate to toll the probationary period.
(cf: P.L.1981, c.290, s.41)
4. Section 2 of P.L.2015, c.144 (C.2C:45-6) is amended to read as follows:
2. a. The Administrative Director of the Courts shall establish a program to record and analyze the recidivism of all persons sentenced to a period of probation pursuant to N.J.S.2C:43-2 and N.J.S.2C:45-1 et seq. The purpose of this program shall be to assist in measuring the effectiveness of the State's rehabilitation initiatives and programs.
b. The program shall record data regarding types of crimes committed by offenders that result in a sentence of probation, the arrests for all offenses committed by probationers within three years following their sentence of probation, including offenders who received an earlier discharge pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any convictions resulting from the arrests, crimes committed while on probation, the number of repeat offenders and the number of probationers concurrently serving a parole sentence. These data shall be analyzed to determine whether the rates and nature of rearrests and convictions differ according to the criminal histories and personal characteristics of probationers, the treatment they received during the period of probation, participation and involvement in rehabilitation initiatives and programs, whether the probationers received an earlier discharge, and such other factors as may be relevant to the purposes of this section, including, but not limited to, race, gender, ethnicity, and age.
c. The Administrative Director of the Courts shall prepare and disseminate to the public annual reports summarizing the recidivism rates, patterns, and other findings and analyses resultant of the information gathered pursuant to this section. These reports shall include summaries of the treatment received by the probationers and shall make recommendations concerning the effectiveness of the rehabilitation initiatives and programs. These reports shall be available to the general public and shall not contain personally identifying information. To facilitate the accessibility of these reports to the general public, the administrative director shall, to the greatest extent possible, utilize the Internet.
d. The Administrative Director of the Courts shall annually prepare and transmit to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the reports prepared, along with any recommendations the Administrative Office of the Courts may have for legislation to improve the effectiveness of the State's rehabilitation initiatives and programs.
(cf: P.L.2015, c.144, s.2)
5. (New section) a. Except as otherwise provided in subsection c. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), a parolee who is in compliance with the terms of supervision may be discharged prior to the expiration of the full maximum term for which the parolee was sentenced or as authorized by the disposition.
b. The term of supervision of a parolee shall be reduced by 30 days for each full calendar month the parolee is in compliance with the terms of supervision. For the purposes of this section, "compliance" means the absence of a violation of the conditions of parole as set forth under subsection b. of section 15 of P.L.1979, c.441 (C.30:4-123.59). The appropriate board panel shall review a parolee's compliance and eligibility to receive a reduction under this section at least once every six months.
c. A person who has been sentenced to a special sentence of community supervision for life or parole supervision for life; or a parolee who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3), (4), or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraphs (3) or (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these offenses shall be ineligible to receive a reduced term of supervision under this section.
6. Section 16 of P. L.1979, c.441 (C.30:4-123.60) is amended to read as follows:
16. a. Any parolee who violates a condition of parole may be subject to an order pursuant to section 17 of P.L.1979, c.441 (C.30:4-123.61) providing for [one or more of the following] the parolee to: (1) [That he be required to] conform to one or more additional conditions of parole; (2) [That he] forfeit all or a part of commutation time credits granted pursuant to R.S.30:4-140 ; or (3) forfeit all or part of any reduction in the term of parole granted pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Any parolee who has seriously or persistently violated the conditions of his parole, may have his parole revoked and may be returned to custody pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63). The board shall be notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed an act which, if committed by an adult, would constitute a crime. The board shall not revoke parole on the basis of new charges which have not resulted in a disposition at the trial level except that upon application by the prosecuting authority, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or the Director of the State Parole Board's Division of Parole or his designee, the chairman of the board or his designee may at any time detain the parolee and commence revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63) when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. In such cases, a parolee shall be informed that, if he testifies at the revocation proceedings, his testimony and the evidence derived therefrom shall not be used against him in a subsequent criminal prosecution or delinquency adjudication.
c. Any parolee who is convicted of a crime or adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, committed while on parole shall have his parole revoked and shall be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing pursuant to section 19 of P.L.1979, c.441 (C.30:4-123.63), that good cause exists why he should not be returned to confinement.
(cf: P.L.2001, c.141, s.5)
7. Section 17 of P.L.1979, c.441 (C.30:4-123.61) is amended to read as follows:
17. a. If the parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of his parole, such violation not being a basis for return to custody pursuant to subsection b. or c. of section 16 of P.L.1979, c.441 (C.30:4-123.60), the officer may require that the parolee appear before a designated representative of the board for a review of the parolee's adjustment.
b. If the board's designated representative finds that a parolee has violated a condition of his parole, such violation not being a basis for return to custody pursuant to subsection b. or c. of section 16 of P.L.1979, c.441 (C.30:4-123.60), the designated representative may subject the parolee to one or [both] more of the actions set forth in subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60).
c. A parolee or the parolee's assigned parole officer may apply to the board's designated representative for modification of the conditions of parole.
d. Any action to modify the conditions of parole and any forfeiture of commutation time credits or reduction in term based on compliance pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be appealable to the appropriate board panel, which may take appropriate action pursuant to subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60), but need not conduct a hearing.
(cf: P.L.1995, c.280, s.41)
8. Section 3 of P.L.2009, c.329 (C.30:4-91.15) is amended to read as follows:
3. a. The Commissioner of Corrections, in conjunction with the Juvenile Justice Commission and the State Parole Board, shall establish a program to record and analyze the recidivism of all inmates and juveniles adjudicated delinquent who are released from a State correctional facility or a training school for juveniles, whether on parole or upon the completion of their maximum sentences. The purpose of this program shall be to assist in measuring the effectiveness of the State's reentry initiatives and programs.
b. The program shall record the arrests for all offenses committed by releasees within three years following their release and any convictions resulting from the arrests. These data shall be analyzed to determine whether the rates and nature of rearrests and convictions differ according to the criminal histories and personal characteristics of releasees, the treatment they received while confined, length of sentence, conditions of parole, participation and involvement in reentry initiatives and programs, the earlier discharge of releasees pursuant to section 5 of P.L. , c. (C.) (pending before the Legislature as this bill), and such other factors as may be relevant to the purposes of this section, including, but not limited to, race, gender, ethnicity, and age.
c. The commissioner shall prepare and disseminate semi-annual reports summarizing the recidivism rates, patterns, and other findings and analyses resultant of the information gathered pursuant to this section. These reports shall include summaries of the treatment received by the releasees and any participation and involvement in reentry initiatives by the releasees, and shall make recommendations concerning the effectiveness of the treatment programs and reentry initiatives. These reports shall be available to the general public and shall not contain any personally identifying information. To facilitate the accessibility of these reports to the general public, the commissioner shall, to the greatest extent possible, utilize the Internet.
d. The commissioner shall annually prepare and transmit to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a summary of the recommendations set forth in the reports prepared pursuant to subsection c. of this section, along with any recommendations the department, Juvenile Justice Commission or the State Parole Board may have for legislation to improve the effectiveness of the State's reentry initiatives and programs.
(cf: P.L.2015, c.144, s.1)
9. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill provides for a reduction in a defendant's suspended sentence, sentence of probation, or parole based on the defendant's compliance with the conditions of the sentence. The bill also requires studies and annual reports on recidivism that are required under current law to include data on the effect these reductions have on recidivism.
The bill is modeled on a Missouri law which grants a sentence reduction through "earned compliance credits" to certain probationers and parolees as a reward for compliance with the terms of probation or parole. This law has resulted in an average reduction of a supervisory sentence by 14 months. It is the sponsor's intent to provide similar incentives in New Jersey for compliance with the terms of a suspended sentence or a sentence of probation or parole, and to enable a person to reenter society more quickly.
Under current law, an earlier discharge from a period of probation may be granted to a defendant on application of a probation officer, the defendant, or the court's own motion. Under the bill, a defendant's term of suspension or period of probation will be reduced as a result of a defendant's compliance with the conditions of the suspension or probation. The bill provides that the period of suspension or probation will be reduced by 30 days for each full calendar month the defendant is in compliance with the conditions of suspension or probation.
Currently, the Administrative Director of the Courts is required to record and analyze data concerning the recidivism of those sentenced to a period of probation, and prepare and transmit an annual report on the effectiveness of the State's rehabilitation initiatives and programs. This bill requires the Administrative Director also to consider how a reduction in the period of suspension or probation under the bill affects recidivism rates.
Under current law, a parolee may be granted a complete discharge from parole prior to the expiration of the full maximum term, provided: 1) the parolee has made a satisfactory adjustment while on parole; 2) that continued supervision is not required; and 3) the parolee has made full payment of any fine or restitution required. Under the bill, a parolee who is in compliance with the terms of supervision also would be entitled to have the term of supervision reduced by 30 days for each full calendar month the parolee is in compliance.
Under current law, the Commissioner of Corrections, in conjunction with the Juvenile Justice Commission and the State Parole Board, is required to record and analyze recidivism data and issue an annual report regarding the effectiveness of the State's reentry initiatives and programs. The provisions of the bill require the data and report also to include information on parolees who receive an earlier discharge under the bill.
The bill provides that a person who has been sentenced to a special sentence of community supervision for life or parole supervision for life; or a parolee who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3), (4), or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraphs (3) or (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these offenses is not eligible to receive a reduction in the period of suspension, probation, or parole under the bill.
With regard to a reduced term of suspension or probation under the bill, "compliance" is defined as the absence of a violation of a condition of suspension or probation as set forth in N.J.S.2C:45-1. With regard to an earlier discharge from parole under the bill, "compliance" is defined as the absence of a violation of the conditions of parole as set forth under subsection b. of section 15 of P.L.1979, c.441 (C.30:4-123.59). The appropriate board panel shall review a parolee's compliance and eligibility to receive a reduction under this section at least once every six months.
