Bill Text: NJ A5311 | 2026-2027 | Regular Session | Introduced
Bill Title: Modifies procedures for parole release, early discharge from parole, and penalties for certain parole violations.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-23 - Introduced, Referred to Assembly Judiciary Committee [A5311 Detail]
Download: New_Jersey-2026-A5311-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Modifies procedures for parole release, early discharge from parole, and penalties for certain parole violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning procedures for parole release, parole revocation, and early discharge from parole, and amending P.L.1979, c.441.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1979, c.441 (C.30:4-123.53) is amended to read as follows:
9. a. An adult [inmate] incarcerated person who is not eligible for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d) shall be released on parole at the time of primary parole eligibility, unless information supplied in the report filed pursuant to section 10 of P.L.1979, c.441 (C.30:4-123.54) or developed or produced at a hearing held pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) indicates by a preponderance of the evidence that the [inmate] incarcerated person has failed to cooperate in his or her own rehabilitation or that there is a [reasonable expectation] substantial likelihood that the [inmate] incarcerated person will [violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59)] commit a crime under the laws of this State if released on parole at that time. The board panel or board shall state the following on the record: (1) the reasons for a denial of parole, specifically providing evidence to support the denial of parole based on factors that may be deemed subjective; and
(2) the reasons for the established future parole eligibility date, specifically providing an explanation of why and how the board panel or board determined the amount of time an [inmate] incarcerated person is required to wait for a subsequent parole hearing.
b. [A juvenile inmate shall be released on parole when it shall appear that the juvenile, if released, will not cause injury to persons or substantial injury to property.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2019, c.364, s.8)
2. 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] incarcerated persons denied release at their eligibility date. In developing such schedule, particular emphasis shall be placed on the severity of the offense for which [he] the incarcerated person was denied parole and on the characteristics of the offender, such as, but not limited to, the prior criminal record of the [inmate] incarcerated person and the need for continued incapacitation of the [inmate] incarcerated person.
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 therefor. 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] incarcerated person 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] incarcerated person has failed to cooperate in his or her own rehabilitation or that there is a [reasonable expectation] substantial likelihood that the [inmate] incarcerated person will [violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59)] commit a crime under the laws of this State if released on parole at that time. The determination of whether the [inmate] incarcerated person 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.]
(P.L.2011, c.67, s.1)
3. Section 18 of P.L.1979, c.441 (C.30:4-123.62) is amended to read as follows:
18. a. (1) If a parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of parole, the violation being a basis for return to custody pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60), a designated representative of the chairman of the board may issue a warrant for the arrest of the parolee if evidence indicates that the parolee may not appear at the preliminary hearing or if the parolee poses a danger to the public safety.
(2) If a parole officer assigned to supervise a parolee has probable cause to believe that the parolee has committed a crime, is about to commit a crime, or is about to flee the jurisdiction, which violation is a basis for return to custody pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60), and the situation is one of immediate emergency that cannot await the issuance of a warrant by a designated representative, the parole officer, by the parole officer's own warrant, may apprehend the parolee and cause the parolee's detention in a suitable facility designated by the Department of Corrections or cause the parolee's confinement in an appropriate institution pending return to a facility designated by the Department of Corrections to await the conduction of a preliminary hearing. The warrant shall be in the form prescribed by the State Parole Board and, when signed by the officer in charge of the case, shall be a sufficient instrument and authority to all peace officers to assist in the apprehension of the parolee. It shall also be sufficient authority for detention of the parolee in a suitable facility, to await the conduction of the preliminary hearing. Upon enforcement of the warrant, the appropriate board panel shall be promptly notified. No parolee held in custody on a parole warrant shall be entitled to release on bail.
(3) The decision to issue a warrant for the arrest of the parolee pursuant to paragraph (1) or (2) of this subsection shall be reviewed by the appropriate board panel within seven days of the date the warrant was issued.
In reviewing the decision, the board panel shall determine whether the evidence indicates, by a preponderance of the evidence, that the parolee is not likely to appear at the probable cause hearing or if the parolee poses a danger to public safety. The board panel shall consider all available evidence of the parolee's employment; family and community ties, including length of residency in the community; history of reporting as directed; other indicators of stability; and any written statements submitted by the parolee or the parolee's counsel.
No warrant shall be issued and the parolee shall be immediately released unless the board panel determines, by a preponderance of the evidence, that the parolee is not likely to appear at the probable cause hearing, or that the parolee poses a danger to public safety.
The parolee shall be informed, in writing, of the board panel's decision, the particular reasons therefor, and the facts relied on. The decision shall be considered a final agency decision.
b. A parolee retaken under this section shall within 14 days be granted a preliminary hearing to be conducted by a hearing officer not previously involved in the case, unless the parolee, the hearing officer, or the parole officer requests postponement of the preliminary hearing, which may be granted by the appropriate board panel for good cause, but in no event shall such postponement, if requested by the hearing officer or the parole officer, exceed 14 days.
c. The preliminary hearing shall be for the purpose of determining:
(1) Whether there is probable cause to believe that the parolee violated a condition of his parole being the basis for return to custody pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60), and
(2) Whether revocation and return to custody is desirable in the instant matter.
d. Prior to the preliminary hearing the parolee shall be provided with written notice of:
(1) The conditions of parole alleged to have been violated;
(2) The time, date, place and circumstances of the alleged violation;
(3) The possible action which may be taken by the board after a parole revocation hearing;
(4) The time, date and place of the preliminary hearing;
(5) The right pursuant to P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or such other qualified person as the parolee may retain; [and]
(6) The right to confront and cross-examine witnesses; and
(7) The right to rebut adverse documentary evidence.
e. The hearing officer who conducts the hearing shall make a summary or other record of said hearing.
f. If the evidence presented at the preliminary hearing does not support a finding of probable cause to believe that the parolee has violated a condition of his parole, such violation being a basis for return to custody pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60), or if it is otherwise determined that revocation is not desirable, the hearing officer may, in accordance with the provisions of subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60) and section 17 of P.L.1979, c.441 (C.30:4-123.61), issue an order modifying parole and releasing the offender, or continuing parole and releasing the offender.
g. If the evidence presented at the preliminary hearing supports a finding of probable cause to believe that the parolee has violated a condition of his parole, the hearing officer shall determine whether the parolee shall be retained in custody or released on specific conditions pending action by the appropriate board panel.
h. Conviction of a crime committed while on parole shall be deemed to constitute probable cause to believe that the parolee has violated a condition of parole.
(cf: P.L.2019, c.363, s.14)
4. Section 19 of P.L.1979, c.441 (C.30:4-123.63) is amended to read as follows:
19. a. If the hearing officer finds probable cause pursuant to subsection c. (1) of section 18 of P.L.1979, c.441 (C.30:4-123.62) and finds that revocation is desirable pursuant to subsection c. (2) of section 18 of P.L.1979, c.441 (C.30:4-123.62), or if the parolee is convicted of a criminal offense committed while on parole, the board shall cause a revocation hearing to be conducted by a hearing officer, other than the hearing officer previously designated pursuant to section 18 of P.L.1979, c.441 (C.30:4-123.62), within 60 days after the date a parolee is taken into custody as a parole violator unless the parolee or the hearing officer requests postponement of the revocation hearing, which may be granted by appropriate board panel for good cause, but in no event shall such postponement, if requested by the hearing officer, exceed 120 days.
b. Prior to the revocation hearing, the parolee shall be [given] provided with written notice of:
(1) The time, date, and place of the parole revocation hearing;
(2) The right pursuant to P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or such other qualified person as the parolee [chooses] may retain;
(3) The right to confront and cross-examine witnesses, and to rebut adverse documentary evidence; [and]
(4) The right to testify, to present evidence, and to subpoena witnesses on the parolee's own behalf, provided a prima facie showing is made that the prospective witnesses will provide material testimony;
(5) The conditions of parole alleged to have been violated;
(6) The time, date, place and circumstances of an alleged violation;
(7) The possible action which may be taken by the board after a revocation hearing; and
(8) The right to be presented with the following, no later than 48-hours before the revocation hearing:
(a) any available incident reports and affidavits of probable cause concerning an alleged violation;
(b) all statements or reports relating to the affidavits of probable cause;
(c) all statements or reports relating to additional evidence the Division of Parole intends to rely on to establish at the revocation hearing that a violation occurred; and
(d) all exculpatory evidence.
c. The hearing officer shall maintain a full and complete record of the parole revocation hearing.
d. After consideration of all evidence presented, the appropriate board panel shall determine if there is clear and convincing evidence that a parolee has violated the conditions of his parole, such violation 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), and if revocation and return to custody is desirable in the instant matter, the appropriate board panel may revoke parole and return such parolee to custody, for a specified length of time, or in accordance with the provisions of sections 16 and 17 of P.L.1979, c.441 (C.30:4-123.60 and 30:4-123.61), or the appropriate board panel may issue an order:
(a) modifying parole and releasing the offender [or] ;
(b) continuing parole, with or without additional conditions, and releasing the offender; or
(c) directing the parolee to receive re-entry services in the community, as an alternative to reincarceration.
e. Not more than 21 days following the hearing conducted pursuant to this section, the parolee and his representative shall be informed in writing of the decision, the particular reasons therefor, and the facts relied on. This decision shall be considered a final agency action.
(cf: P.L.2019, c.363, s.15)
5. Section 20 of P.L.1979, c.441 (C.30:4-123.64) is amended to read as follows:
20. a. The board shall develop a schedule of future parole eligibility dates for parole violators whose parole has been revoked pursuant to section 19 of this act when such revocation includes new criminal charges or convictions. In developing such schedule particular emphasis shall be placed on the severity and circumstances of a parole violation and on the characteristics of the parole violator. The board shall establish special provisions for release of the parole violator to begin serving any new sentence, which emphasize the length of time remaining to be served on the prior sentence and the length of any new sentence.
b. [No future parole eligibility date for a parole violator returned to custody for reasons other than new criminal charges shall be set more than 1 full year from the date of the parolee's return to custody] The board shall establish a schedule of incarceration terms for parole violators returned to custody for reasons other than new criminal charges or convictions. No such violator shall be incarcerated for more than 364 days.
Nothing in the provisions of this subsection shall be construed to limit the board's ability to revoke parole due to a pending criminal charge, upon application by the prosecuting authority as authorized pursuant to subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60).
c. Any parole violator ordered confined for commission of a crime while on parole shall serve at least 6 months or that portion of the custodial term remaining, whichever is less, before parole release.
d. Any period of confinement for parole violation shall be deemed to be a parole eligibility term for purposes of aggregation pursuant to subsection h. of section 7 of P.L.1979, c.441 (C.30:4-123.51).
e. In establishing a parole eligibility date or term of incarceration, the board shall consider the following factors:
(1) the nature of any current parole violations;
(2) the period of compliance with the terms of parole prior to such violations;
(3) the number and nature of any prior violation of parole terms, including any terms of parole for prior convictions, if any;
(4) the availability and appropriateness of any applicable treatment program or service;
(5) the nexus between the parole violation and the underlying offense;
(6) the exhaustion of non-custodial sanctions to encourage compliance; and
(7) the parolee's risk level, based on an evidence-based risk-needs assessment, where available. The parolee's underlying conviction or prior criminal history shall not serve as the sole determinative factor when determining the parole eligibility for a sustained violation of a condition of parole.
f. The specific period of incarceration required to be served pursuant to this subsection shall not be reduced by commutation time for good behavior pursuant to R.S.30:4-140 or credits for diligent application of work and other institutional assignments pursuant to R.S.30:4-92.
g. For the purpose of establishing a primary parole eligibility date pursuant to subsection h. of section 7 of P.L. 1979, c.441 (C.30:4-123.51), the specific period of incarceration required to be served pursuant to this section shall not be aggregated with a term of imprisonment imposed on the parolee for the commission of any other offense.
h. If the parole eligibility date or period of incarceration is less than one year from the date of the parolee's return to custody, the parolee may serve the term of incarceration in a county jail.
i. If the parolee is returned to custody and the board panel determines that the parolee would benefit from substance use disorder treatment programming, reasonable efforts shall be made for the parolee to serve the period of incarceration in a State prison or county jail with a licensed substance use disorder treatment program.
(cf: P.L.1979, c. 441, s. 20)
6. Section 22 of P.L.1979, c.441 (C.30:4-123.66) is amended to read as follows:
22. As used in this section:
"Victim" shall have the same meaning as provided in section 4 of P.L.1985, c.249 (C.52:4B-37).
"Young adult offender" means a person who is over the age of 18, and under the age of 26.
a. Except as otherwise provided in subsection c. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), the appropriate board panel may give any parolee a complete discharge from parole prior to the expiration of the full maximum term for which [he] the parolee was sentenced or as authorized by the disposition, provided that such parolee has made a satisfactory adjustment while on parole, provided that continued supervision is not required, and provided the parolee has made full payment of any fine or restitution, has made diligent attempts to satisfy such fines or restitution, or has established by a preponderance of the evidence that full payment of such fines or restitution is not feasible.
b. Upon the request of the supervising parole officer, the board panel may discharge a parolee without a hearing if the board panel determines that the discharge is warranted, based on the parolee's conduct. The discharge of a parolee pursuant to this subsection shall serve as a tool to encourage and reward successful behavior and positive adjustment by rewarding a parolee who demonstrates behavior which includes, but is not limited to, maintaining employment, completing educational development programs or vocational training, securing housing, or completing a treatment program.
Unless prohibited by an order of the court or otherwise prohibited by law, the supervising parole officer shall submit a request to the appropriate board panel for discharge of the parolee upon expiration of the period specified in subsection c. of this section, if the officer determines that the parolee:
(1) is in compliance with all conditions of parole supervision;
(2) has demonstrated positive adjustment through adherence to the parolee's individual parole plan;
(3) is not serving a term of parole supervision pursuant to subsection c. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) or subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); and
(4) does not pose a risk to public safety.
c. A parole officer shall request the discharge of a parolee who is in compliance with the conditions set forth in paragraphs (1) through (4) of subsection b. of this section upon expiration of the periods set forth in paragraphs (1) through (6) of this subsection:
(1) In the case of an adult parolee serving a term of parole supervision for absconding from parole upon release from a county jail, after a period of two years from the date of the original maximum sentence, provided the parolee has no pending charges or outstanding arrest warrants;
(2) In the case of a young adult offender who is serving a term of parole supervision for absconding from parole, after a period of two years from the date the parolee became an absconder, provided:
(a) the parolee has no pending charges or outstanding arrest warrants; and
(b) the original maximum sentence has expired.
(3) In the case of an adult parole absconder, after a period of five years from the date the parolee became an absconder, or after a period of three years from the expiration of the original maximum sentence, whichever occurs first, provided the parolee has no pending charges or outstanding arrest warrants;
(4) In the case of an adult parolee serving a life sentence, after a period of five years of parole supervision, provided the parolee has been under advanced supervision status for the final two years of supervision.
(5) In the case of an adult parolee serving a sentence, other than a life sentence, for committing or attempting to commit the crime of: arson other than aggravated arson; the sale or distribution of a controlled dangerous substance or a controlled dangerous substance analog; or possession of a controlled dangerous substance or controlled dangerous substance analog with intent to distribute, after a period of two years of parole supervision, provided the parolee is under advanced supervision status during that period.
(6) In all other cases, after a period of two years of parole supervision.
d. Pursuant to subsection b. of this section, there shall be a presumption in favor of discharge pursuant to this section for a parolee for whom a request is submitted by a supervising parole officer.
e. Following an initial request for discharge of a parolee pursuant to subsection c. of this section, the supervising parole officer shall annually submit a request for the discharge of a parolee who is in compliance with the conditions set forth in paragraphs (1) through (4) of subsection b. of this section.
f. The decision to grant or deny discharge pursuant to this section lies with the State Parole Board, regardless of the supervising officer's recommendation.
g. Nothing in this section shall be construed to limit the board's ability to modify a defendant's period of parole supervision, or discharge a parolee pursuant to any other provision of law.
h. No person sentenced to a mandatory period of parole supervision shall be considered eligible for discharge pursuant to this section until the parolee has completed the mandatory period of supervision.
i. The State Parole Board shall make reasonable efforts to notify any victim of the crime for which the parolee is serving a sentence within 10 days of receiving a recommendation of early discharge from a supervising officer.
j. A parole officer that recommends the discharge of a parolee pursuant to this section shall not be held liable to any person for civil damages, or be subject to criminal prosecution resulting from any future criminal acts committed by the parolee.
k. Not later than 45 days following the State Parole Board's decision, a parolee considered for discharge pursuant to this section shall be provided with:
(1) a copy of the parole officer's request for the discharge of the parolee;
(2) the State Parole Board's decision to grant or deny discharge pursuant to this section; and
(3) the reasons for denying the request.
(cf: P.L.2003, c.267, s.3)
7. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Chair of the State Parole Board may take such anticipatory administrative action in advance as may be necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill modifies procedures for parole release, early discharge from parole, and penalties for certain parole violations.
Standard for Parole Eligibility and Revocation
Under current law, an adult incarcerated person who is not eligible for administrative parole release is to be released on parole at the time of primary parole eligibility, unless information supplied in the hearing report indicates by a preponderance of the evidence that the person has failed to cooperate in their own rehabilitation or that there is a reasonable expectation the incarcerated person will violate the conditions of parole. This bill revises the standard to provide that an incarcerated person shall be released unless the evidence indicates, by a preponderance of the evidence, that the person has failed to cooperate in his or her own rehabilitation or that there is a substantial likelihood that the person will commit a crime under the laws of this State if released on parole at that time. The bill also eliminates parole requirements for incarcerated juveniles, in light of the changes to juvenile parole adopted pursuant to P.L.2019, c.363.
The bill limits the use of parole revocation and reincarceration by changing the standards for making those determinations. The bill outlines the hearing process, the standards applied at each hearing, the sanctions and other consequences that may be imposed when a violation is sustained, and the consequences for a parolee's failure to appear at a hearing. The bill provides that a person who is denied parole is to be released on the new parole eligibility date unless the parole board determines, by a preponderance of the evidence, that there is a substantial likelihood that the incarcerated person will commit a crime if released on parole.
Early Discharge from Parole
The bill also expands eligibility for early discharge from parole.
Under current law, a parolee may be discharged prior to the expiration of the full maximum term for which the parolee was sentenced if the parolee has made satisfactory adjustment, and made full payment of any fine or restitution.
The bill establishes a process for the supervising parole officer to request the early discharge of a parolee who: is in compliance with all conditions of parole supervision; has demonstrated positive adjustment through adherence to the parolee's individual parole plan; is not serving a term of parole supervision pursuant to subsection c. of N.J.S.A.2C:43-7.2, or subsection b. of N.J.S.A.2C:7-2, and does not pose a risk to public safety. The supervising officer is required to request the early discharge of a parolee who meets these criteria. The bill establishes a schedule for when the request for discharge is to be made, and requires the Parole Board to make reasonable efforts to notify a victim that a parolee is to be discharged.
Under the bill, unless early discharge is prohibited by a court order or is otherwise prohibited by law, early discharge is to be granted to a parolee who is in compliance with the standards established under the bill. The bill also creates a presumption that early discharge is to be granted to a parolee for whom a request is submitted by the parole officer. However, the bill clarifies that the provisions are not to be construed to limit the State Parole Board's authority to modify a defendant's period of parole supervision or discharge of a parolee.
