Bill Text: NJ S1153 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires that extended terms be imposed on defendants serving sentences of parole supervision for life who subsequently commit any crime of the first or second degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1153 Detail]
Download: New_Jersey-2010-S1153-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Requires that extended terms be imposed on defendants serving sentences of parole supervision for life who subsequently commit any crime of the first or second degree.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning extended terms and amending P.L.1994, c.130.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1994, c.130 (C.2C:43-6.4) is amended to read as follows:
2. a. Notwithstanding any provision of law to the contrary, a judge imposing sentence on a person 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) of subsection b. of N.J.S.2C:24-4, luring or an attempt to commit any of these offenses shall include, in addition to any sentence authorized by this Code, a special sentence of parole supervision for life.
b. The special sentence of
parole supervision for life required by this section shall commence immediately
upon the defendant's release from incarceration. If the defendant is serving a
sentence of incarceration for another offense at the time he completes the
custodial portion of the sentence imposed on the present offense, the special
sentence of parole supervision for life shall not commence until the defendant
is actually released from incarceration for the other offense. Persons serving
a special sentence of parole supervision for life shall remain in the legal
custody of the Commissioner of Corrections, shall be supervised by the Division
of Parole of the State Parole Board, shall be subject to the provisions and
conditions set forth in subsection c. of section 3 of P.L.1997, c.117
(C.30:4-123.51b) and sections 15 through 19 and 21 of P.L.1979, c.441
(C.30:4-123.59 through 30:4-123.63 and 30:4-123.65), and shall be subject to
conditions appropriate to protect the public and foster rehabilitation. Such
conditions may include the requirement that the person comply with the
conditions set forth in subsection f. of this section concerning use of a
computer or other device with access to the Internet. If the defendant violates
a condition of a special sentence of parole supervision for life, the defendant
shall be subject to the provisions of sections 16 through 19 and 21 of
P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and 30:4-123.65), and for
the purpose of calculating the limitation on time served pursuant to section 21
of P.L.1979, c.441 (C.30:4-123.65)the custodial term imposed upon the defendant
related to the special sentence of parole supervision
for life shall be deemed to be a term of life imprisonment. When the court
suspends the imposition of sentence on a defendant who has been convicted of
any offense enumerated in subsection a. of this section, the court may not
suspend imposition of the special sentence of parole supervision for life,
which shall commence immediately, with the Division of Parole of the State
Parole Board maintaining supervision over that defendant, including the
defendant's compliance with any conditions imposed by the court pursuant to
N.J.S.2C:45-1, in accordance with the provisions of this subsection. Nothing
contained in this subsection shall prevent the court from at any time
proceeding under the provisions of N.J.S.2C:45-1 through 2C:45-4 against any
such defendant for a violation of any conditions imposed by the court when it
suspended imposition of sentence, or prevent the Division of Parole from
proceeding under the provisions of sections 16 through 19 and 21 of P.L.1979.
c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) against any such
defendant for a violation of any conditions of the special sentence of parole
supervision for life, including the conditions imposed by the court pursuant to
N.J.S.2C:45-1. In any such proceeding by the Division of Parole, the
provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b)
authorizing revocation and return to prison shall be applicable to such a
defendant, notwithstanding that the defendant may not have been sentenced to or
served any portion of a custodial term for conviction of an offense enumerated
in subsection a. of this section.
c. A person sentenced to a term of parole supervision for life may petition the Superior Court for release from that parole supervision. The judge may grant a petition for release from a special sentence of parole supervision for life only upon proof by clear and convincing evidence that the person has not committed a crime for 15 years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from parole supervision. Notwithstanding the provisions of section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a term of parole supervision for life may be released from that parole supervision term only by court order as provided in this subsection.
d. A person who violates a condition of a special sentence imposed pursuant to this section without good cause is guilty of a crime of the fourth degree. Notwithstanding any other law to the contrary, a person sentenced pursuant to this subsection shall be sentenced to a term of imprisonment, unless the court is clearly convinced that the interests of justice so far outweigh the need to deter this conduct and the interest in public safety that a sentence to imprisonment would be a manifest injustice. Nothing in this subsection shall preclude subjecting a person who violates any condition of a special sentence of parole supervision for life to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) pursuant to the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
e. A person who, while serving a special sentence of parole supervision for life imposed pursuant to this section, commits a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, N.J.S.2C:13-6, N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, N.J.S.2C:18-2 when the offense is a crime of the second degree, or subsection a. of N.J.S.2C:39-4, or commits any other crime of the first or second degree shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7, which term shall, notwithstanding the provisions of N.J.S.2C:43-7 or any other law, be served in its entirety prior to the person's resumption of the term of parole supervision for life.
f. The special sentence of parole supervision for life required by this section may include any of the following Internet access conditions:
(1) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's parole officer;
(2) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;
(3) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and
(4) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability.
(cf: P.L.2007, c.219, s. 3)
2. This act shall take effect immediately.
STATEMENT
This bill would require the court to impose extended terms of imprisonment on defendants who are already serving a sentence of parole supervision for life and then subsequently commit other serious crimes.
Under current law, in addition to any other sentence imposed by the court, defendants convicted of sex crimes and certain other crimes receive a special sentence of parole supervision for life, which commences immediately upon the defendant's release from incarceration. In addition to sex crimes, the crimes that trigger the sentence of parole supervision for life include certain child kidnappings, certain provisions concerning endangering the welfare of a child, luring and attempts to commit any of these offenses.
Defendants already serving a special sentence of parole supervision for life who then commit certain other crimes must be sentenced to an extended term of imprisonment for these subsequent crimes. These defendants will be sentenced to an extended term if, while on parole supervision for life, they are convicted of any of the following:
· N.J.S.2C:11-3 (murder),
- N.J.S.2C:11-4 (manslaughter),
- N.J.S.2C:11-5 (death by auto),
- subsection b. of N.J.S.2C:12-1 (aggravated assault),
- N.J.S.2C:13-1 (kidnapping),
- N.J.S.2C:13-6 (luring),
- N.J.S.2C:14-2 (aggravated assault or sexual assault),
- N.J.S.2C:14-3 (criminal sexual contact),
- N.J.S.2C:24-4 (endangering the welfare of a child),
- N.J.S.2C:18-2 when the offense is a crime of the second degree (burglary with infliction of bodily injury or while armed), or
- subsection a. of N.J.S.2C:39-4 (unlawful possession of a firearm).
The extended term must be served in its entirety prior to the person's resumption of the term of parole supervision for life. Extended terms under the Criminal Code are longer than ordinary sentences. For example, an extended term for most crimes of the first degree is 20 years to life, while an ordinary term is 10 to 20 years; an extended term for crimes of the second degree is 10 to 20 years, while an ordinary term is 5 to 10 years; an extended term for crimes of the third degree is 5 to 10 years, while an ordinary term is 3 to 5 years.
This bill would provide that, in addition to those listed crimes requiring sentencing to an extended term for persons already serving parole supervision for life, such sentencing would also be required if the defendant commits any other crime of the first or second degree.
