Bill Text: NJ A4565 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires parole representative to accompany incarcerated person during proceedings under certain circumstances; expands procedures for disclosure of certain confidential materials to parolee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-13 - Introduced, Referred to Assembly Judiciary Committee [A4565 Detail]
Download: New_Jersey-2024-A4565-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Requires parole representative to accompany incarcerated person during proceedings under certain circumstances; expands procedures for disclosure of certain confidential materials to parolee.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parole release, and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1979, c.441 (C.30:4-123.54) is amended to read as follows:
10. a. At least 120 days but not more than 180 days prior to the parole eligibility date of each adult [inmate] incarcerated person, a report concerning the [inmate] incarcerated person shall be filed with the appropriate board panel, by the staff members designated by the superintendent or other chief executive officer of the institution in which the [inmate] incarcerated person is held.
b. (1) The report filed pursuant to subsection a. shall contain preincarceration records of the [inmate] incarcerated person, including any history of civil commitment, any disposition which arose out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1, state the conduct of the [inmate] incarcerated person during the current period of confinement, include a complete report on the [inmate's] incarcerated person's social and physical condition, include an investigation by the Division of Parole of the [inmate's] incarcerated person's parole plans, and present information bearing upon the likelihood that the [inmate] incarcerated person will commit a crime under the laws of this State if released on parole. The report shall also include a complete psychological evaluation of the [inmate] incarcerated person in any case in which the [inmate] incarcerated person was convicted of a first or second degree crime involving violence and:
(a) the [inmate] incarcerated person has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or
(b) the [inmate] incarcerated person has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or
(c) the [inmate] incarcerated person has a prior diagnosis of psychosis.
The [inmate] incarcerated person shall disclose any information concerning any history of civil commitment.
The preincarceration records of the [inmate] incarcerated person contained in the report shall include any psychological reports prepared in connection with any court proceedings.
(2) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a written or videotaped statement for the parole report to be considered at the parole hearing or to testify to the parole board concerning his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address.
The report may include a written or videotaped statement concerning the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an [inmate] incarcerated person is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board of the availability to provide a written or videotaped statement for inclusion in the parole report or to present testimony at the parole hearing.
The board shall notify the victim or relative at the victim's or relative's last known mailing address.
(3) If the [inmate] incarcerated person meets the requirements for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d) the report shall indicate this eligibility.
c. A copy of the report filed pursuant to subsection a. of this section, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, shall be served on the [inmate] incarcerated person and the office of the Public Defender or the incarcerated person's representative, as appropriate, at the time it is filed with the board panel. For any document in a parole file that is deemed confidential and administratively removed from the prisoner's copy of the file, there shall be a notation that the document was identified as confidential and removed from the file. The reason for removal shall be noted in the report and the board's file. The [inmate] incarcerated person may file with the board panel a written statement regarding the report, but shall do so within 105 days prior to the primary parole eligibility date.
d. Upon receipt of the public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a county prosecutor, a public defender, or a private attorney of record may request from the parole board a copy of the report on any adult [inmate] incarcerated person prepared pursuant to subsection a. of this section, which shall be expeditiously forwarded to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor has 10 working days to review the report and notify the parole board of the prosecutor's comments, if any, or notify the parole board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of the prosecutor's intent to provide comments within the 10 working days, the parole board may presume that the prosecutor does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential shall be maintained and shall not be disclosed to any person who is not authorized to receive or review a copy of the report containing the confidential information.
e. Any provision of this section to the contrary notwithstanding, the board shall by rule or regulation modify the scope of the required reports and time periods for rendering such reports with reference to county penal institutions.
f. Notwithstanding any provision of this section, the board may modify the time periods for submitting the reports required pursuant to this section in processing an [inmate] incarcerated person whose parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55).
(cf: P.L.2019, c.364, s.9)
2. Section 11 of P.L.1979, c.441 (C.30:4-123.55) is amended to read as follows:
11. a. Prior to the parole eligibility date of each adult [inmate] incarcerated person, a designated hearing officer shall review the reports required by section 10 of P.L.1979, c.441 (C.30:4-123.54), and shall determine whether:
(1) the [inmate] incarcerated person is eligible for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d). If an [inmate] incarcerated person is eligible for administrative parole release, the hearing officer shall at least 60 days prior to the [inmate's] incarcerated person's parole eligibility date recommend in writing to the assigned member of the board panel that administrative parole release be granted pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d); or
(2) there is a basis for denial of parole in the preparole report, any risk assessment prepared in accordance with the provisions of subsection e. of section 8 of P.L.1979, c.441 (C.30:4-123.52), or the [inmate's] incarcerated person's statement, or an indication, reduced to writing, that additional information providing a basis for denial of parole would be developed or produced at a hearing. If the hearing officer determines that there is no basis in the preparole report, the risk assessment, or the [inmate's] incarcerated person's statement for denial of parole and that there is no additional relevant information to be developed or produced at a hearing, he shall at least 60 days prior to the [inmate's] incarcerated person's parole eligibility date recommend in writing to the assigned member of the board panel that parole release be granted.
b. If the assigned member of the board panel or in the case of an [inmate] incarcerated person sentenced to a county penal institution, the assigned member concurs in the hearing officer's recommendation, he shall certify parole release pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) as soon as practicable after the eligibility date and so notify the [inmate] incarcerated person and the board. In the case of an [inmate] incarcerated person recommended for administrative parole release by the hearing officer pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d), the assigned member shall review the reports required by section 10 of P.L.1979, c.441 (C.30:4-123.54) to confirm eligibility and if the [inmate] incarcerated person is eligible, shall certify parole release pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) as soon as practicable after the eligibility date and notify the [inmate] incarcerated person and the board. In the case of an [inmate] incarcerated person sentenced to a county penal institution the board shall certify parole release or deny parole as provided by this section, except with regard to time periods for notice and parole processing which are authorized by or otherwise adopted pursuant to subsection g. of section 7 of P.L.1979, c.441 (C.30:4-123.51). If the designated hearing officer does not recommend release on parole or if the assigned member does not concur in a recommendation of the designated hearing officer in favor of release, then the parole release of an [inmate] incarcerated person in a county penal institution shall be treated under the provisions of law otherwise applicable to an adult [inmate] incarcerated person. In the case of an [inmate] incarcerated person sentenced to a county penal institution, the performance of public service for the remainder of the term of the sentence shall be a required condition of parole, where appropriate.
c. If the hearing officer or the assigned member determines that there is a basis for denial of parole, or that a hearing is otherwise necessary, the hearing officer or assigned member shall notify the appropriate board panel, the incarcerated person, and the [inmate] incarcerated person's representative in writing of [his] the determination, and of a date for a parole consideration hearing. The board panel shall notify the victim of the crime, if the crime for which the [inmate] incarcerated person is incarcerated was a crime of the first or second degree, or the victim's nearest relative if the crime was murder, as appropriate, who was previously contacted by the board and who has indicated his intention to the board to testify at the hearing, of the opportunity to testify or submit written or videotaped statements at the hearing. Said hearing shall be conducted by the appropriate board panel at least 30 days prior to the eligibility date. At the hearing, which shall be informal, the board panel shall receive as evidence any relevant and reliable documents or videotaped or in person testimony, including that of the victim of the crime or the members of the family of a murder victim if the victim or a family member so desires. If a victim of a crime or the relative of a murder victim chooses not to testify personally at the hearing, the victim or relative may elect to present testimony to a senior hearing officer designated by the board panel. The senior hearing officer shall notify the victim of the right to have this testimony videotaped. The senior hearing officer shall prepare a report, transcript or videotape, if applicable, of the testimony for presentation to the board panel at the hearing. All such evidence not classified as confidential pursuant to rules and regulations of the board or the Department of Corrections shall be disclosed to the [inmate] incarcerated person and the [inmate] incarcerated person shall be permitted to rebut such evidence and to present evidence on his own behalf. The decision of the board panel shall be based solely on the evidence presented at the hearing.
d. At the conclusion of the parole consideration hearing, the board panel shall either (1) certify the parole release of the [inmate] incarcerated person pursuant to section 15 of [this act] P.L.1979, c.441 (C.30:4-123.59) as soon as practicable after the eligibility date and so notify the [inmate] incarcerated person and the board, or (2) deny parole and file with the board within 30 days of the hearing a statement setting forth the decision, the particular reasons therefor, except information classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, a copy of which statement shall be served upon the [inmate] incarcerated person together with notice of his right to appeal to the board. The board panel shall note in the statement if any confidential materials not disclosed to the incarcerated person or the incarcerated person's representative pursuant to subsection c. of section 10 of P.L.1979, c.441 (C.30:4-123.54) played a substantial role in the decision to deny parole, and shall identify which of the confidential documents played such a role.
e. Upon request by the hearing officer or the [inmate] incarcerated person, the time limitations contained in section 10 of P.L.1979, c.441 (C.30:4-123.54) and this section may be waived by the appropriate board panel for good cause.
f. Notwithstanding the provision of any other law to the contrary, if an [inmate] incarcerated person incarcerated for murder is recommended for parole by the assigned board member or the appropriate board panel, parole shall not be certified until a majority of the full parole board, after conducting a hearing, concurs in that recommendation. The board shall notify the victim's family of that hearing and family members shall be afforded the opportunity to testify in person or to submit written or videotaped statements. The provisions of this subsection shall not apply to an [inmate] incarcerated person who has his parole revoked and is returned to custody pursuant to the provisions of section 19 of P.L.1979, c.441 (C.30:4-123.63).
g. Notwithstanding the provision of any other law or regulation to the contrary, the board may promulgate rules and regulations for the processing of any [inmate] incarcerated person whose parole eligibility date is accelerated. For purposes of this section, a parole eligibility date is accelerated when an [inmate] incarcerated person becomes eligible for parole at the time of or within 120 days of an event or circumstance beyond the control of the parole board, such as sentencing, resentencing or other amendment, including the awarding of additional credit to the original sentence, restoration of authorized institutional time credits or the application of authorized institutional time credits on a future eligibility date established pursuant to subsection a. of section 12 of P.L.1979, c.441 (C.30:4-123.56) or subsection a. of section 20 of P.L.1979, c.441 (C.30:4-123.64). The rules and regulations shall provide for the preparation and review of a preparole report and shall require that a parole consideration hearing be held not more than 120 days after the board has received notice that an accelerated parole eligibility date has been established.
(cf: P.L.2019, c.364, s.10)
3. Section 14 of P.L.1979, c.441 (C.30:4-123.58) is amended to read as follows:
14. a. Any denial of parole by a board panel shall, in accordance with criteria established by the board, be appealable to the full board by the [inmate] incarcerated person or one acting on the [inmate's] incarcerated person's behalf. If appealed, the full board shall decide the appeal except that any board member who participated in the decision from which the appeal is taken may not participate in the disposition of that appeal. The board shall serve written notice on all parties setting forth the decision, the particular reasons therefor, and the facts relied on. The board shall disclose in the written notice if any confidential materials not disclosed to the incarcerated person or the incarcerated person's representative pursuant to subsection c. of section 10 of P.L.1979, c.441 (C.30:4-123.54) played a substantial role in the decision to deny parole, and shall identify which of the confidential documents played such a role.
b. The board may upon its own initiative and for good cause, in a timely manner, review the decision of any hearing officer, board member or board panel and take appropriate action pursuant to sections 9 and 16 of this act.
c. If information comes to the attention of the appropriate board panel which bears upon the likelihood that the [inmate] incarcerated person will commit a crime but which was not considered pursuant to sections 11, 12 and 13 of this act, the board panel may suspend any parole release date certified pursuant to section 11 or 13 for a period of not more than 60 days in order to conduct a rescission hearing to determine whether parole release on the original parole release date should be denied or delayed.
(cf: P.L.1979, c.441, s.14)
4. (New section) a. In an appeal of a denial of parole release to the Appellate Division of the Superior Court pursuant to the Rules of Court, prior to ruling on the appeal, the court shall conduct an in camera review of any materials deemed confidential and not disclosed to an incarcerated person or the incarcerated person's representative pursuant to subsection c. of section 10 of P.L.1979, c.441 (C.30:4-123.54) if it is disclosed in the written notice issued pursuant to subsection a. of section 14 of P.L.1979, c.441 (C.30:4-123.58) that the confidential materials played a substantial role in the decision to deny parole in order to determine if the nondisclosure of any materials was improper.
b. If the court finds that the nondisclosure of confidential documentation pursuant to subsection c. of section 10 of P.L.1979, c.441 (C.30:4-123.54) was improper, the court may:
(1) remand the case for reconsideration without the withheld materials;
(2) remand the case for reconsideration following disclosure to the incarcerated person of withheld materials, provided the court may impose any restrictions it deems appropriate on the disclosure of the materials;
(3) exercise the court's original jurisdiction; or
(4) order any other relief the court deems necessary and appropriate.
5. (New section) The Chair of the State Parole Board shall assign a parole counselor or other Board representative to each incarcerated person in a State correctional facility to assist the incarcerated person with all parole-related procedures. Upon the request of an incarcerated person, the parole counselor shall be present to assist the incarcerated person during any appearances before a hearing officer, board panel or the board.
6. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill expands notice to parolees and access to certain confidential records, and requires a parole board representative to be present at parole hearings upon the request of an incarcerated person.
Under current law, a preparole report is required to be prepared prior to considering an incarcerated person for parole release. A copy of this report is to provided to the incarcerated person, but any documents marked confidential by the correctional facility or the parole board are removed from the copy of the report provided to the incarcerated person. This bill codifies the holding in Thompson v. N.J. State Parole Board, 210 N.J. Super. 107 (App. Div. 1986) to establish procedures for an incarcerated person to have expanded access to confidential documents under certain circumstances.
If a document in a parole file is deemed confidential and administratively removed from the incarcerated person's copy of the file, the bill requires a notation in the file that the document was identified as confidential and removed from the file. The reason for removal also is required to be noted in the report and the board's file. The board is required to disclose in the written notice of parole denial if any confidential materials not disclosed to the incarcerated person or the incarcerated person's representative played a substantial role in the decision to deny parole, and is required to identify which of the confidential documents played such a role.
The bill further provides that in an appeal to the Appellate Division of the Superior Court of a denial of parole release pursuant to the Rules of Court, prior to ruling on the appeal, the court is required to conduct an in camera review of any materials deemed confidential and not disclosed to an incarcerated person or the incarcerated person's representative if it is disclosed in the written notice of parole denial that the confidential materials played a substantial role in the decision to deny parole. This review is to be conducted by the court in order to determine if the nondisclosure of any materials was improper. If the court finds that the nondisclosure of confidential documentation was improper, the court may: remand the case for reconsideration without the withheld materials; remand the case for reconsideration following disclosure to the incarcerated person of withheld materials, provided the court may impose any restrictions it deems appropriate on the disclosure of the materials; exercise the court's original jurisdiction; or order any other relief the court deems necessary and appropriate.
In addition, the provisions of the bill expand notice requirements for incarcerated persons facing a parole hearing. Under the bill, in notifying an incarcerated person of a parole hearing, the parole board also is required to notify the Office of the Public Defender or the incarcerated person's private attorney, as appropriate.
This bill implements the Legislative recommendations set forth in the Revised Report of the Office of the Public Defender Parole Project, issued on February 2, 2024.
