New Jersey-2024-S2338-Introduced

An Act concerning rehabilitative release for certain incarcerated persons, amending P.L.1979, c.441, and supplementing Title 2C of the New Jersey Statutes.

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

1. (New section) a. Except as provided in subsection b. of this section, the Commissioner of the Department of Corrections shall issue a Certificate of Eligibility for Rehabilitative Release to any incarcerated person who:

(1) has served at least 20 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; and

(2) has attained the age of 60.

b. For an incarcerated person convicted of murder pursuant to N.J.S.2C:11-3, the commissioner shall issue a Certificate of Eligibility for Rehabilitative Release if the incarcerated person:

(1) has served at least 30 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; and

(2) has attained the age of 62.

c. At least 60 days prior to the anticipated date of issuance of a Certificate of Eligibility for Rehabilitative Release, the department shall notify the State Parole Board of its intent to issue the certificate and to initiate the report required pursuant to subsection e. of this section.

d. Notwithstanding any provision of law to the contrary, an incarcerated person who receives a Certificate of Eligibility for Rehabilitative Release and who has not been resentenced or previously sought relief under this section may petition the court for resentencing pursuant to the provisions of this section.

e. A report concerning any incarcerated person issued a Certificate of Eligibility pursuant to this section shall be prepared by staff members designated by the superintendent or other chief executive officer of the institution in which the incarcerated person is held in accordance with the provisions of section 10 of P.L.1979, c.441 (C.30:4-123.54), for consideration by the court in hearing a petition for rehabilitative release pursuant to this section.

f. Following the issuance of a Certificate of Eligibility for Rehabilitative Release, the Office of the Public Defender shall represent the incarcerated person for the purpose of filing a petition for rehabilitative release, unless the incarcerated person retains other counsel.

g. A hearing on a petition for rehabilitative release shall be held in the Superior Court in the county where the incarcerated person was originally sentenced for the crime or crimes for which rehabilitative release is being sought and in accordance with the Rules of Court. The incarcerated person shall have the right to be present at the hearing or may waive such right. A copy of the petition shall be served in accordance with the Rules of Court on the county prosecutor who prosecuted the matter or, if the matter was prosecuted by the Division of Criminal Justice, the director of the division.

h. The county prosecutor or the director, as appropriate, shall have 90 days to file a response to the petition. The court may grant an extension of time for good cause.

i. The county prosecutor or the director, as appropriate, shall provide as soon as practicable a copy of the petition to any victim or family member of a victim entitled to notice relating to a parole or the consideration of a parole under the provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.) or the "Crime Victim's Bill of Rights," P.L.1985, c.249 (C.52:4B-34 et seq.) and shall notify any such victim or family member of the opportunity to: supplement the report issued pursuant to subsection e. of this section with a written statement; present a written or videotaped statement at the hearing on the petition; or testify to the court at the time of the hearing concerning the harm to the victim or family member that resulted from the crime. Victim statements or notices of intention to provide a statement or testify at the hearing shall be submitted to the court through the prosecutor or director, as appropriate, within 60 days of notification.

j. (1) Notwithstanding any provision of law to the contrary, the Superior Court may, upon consideration of a petition and following a hearing, modify, reduce, or suspend a sentence, including any minimum or mandatory sentence or a portion of the sentence, if, after considering the factors set forth in subsection k. of this section, the court finds by clear and convincing evidence that:

(a) the incarcerated person is not a danger to the safety of any person or the community;

(b) the incarcerated person demonstrates a readiness for reentry, which shall be demonstrated by, among other things, significant efforts to participate in educational, therapeutic, or vocational opportunities while incarcerated; and

(2) The court shall issue a written order stating the reasons for granting or denying modification.

k. In determining whether the standards set forth in paragraph (1) of subsection j. of this section are met, the court shall consider the following factors:

(1) the incarcerated person's age at the time of the offense;

(2) the incarcerated person's age at the time of the petition;

(3) the history and characteristics of the incarcerated person at the time of the petition, including (a) rehabilitation demonstrated by the incarcerated person and (b) disciplinary record while incarcerated;

(4) any statement by the victim or victim's family members;

(5) any report from a physical, mental, or psychiatric examination of the incarcerated person conducted by a licensed health care professional;

(6) the seriousness of the offense and the incarcerated person's role;

(7) the potential benefits to the incarcerated person's children and family members of reunification with the incarcerated person;

(8) the potential cost savings to the State;

(9) the establishment of a reentry plan for the incarcerated person upon release, to include community sponsor, housing, and ability to support himself;

(10) the report prepared pursuant to subsection e. of this section; and

(11) any other information the court deems relevant.

l. Any incarcerated person who receives a sentence modification pursuant to this section shall also be sentenced to a five-year term of parole supervision.

m. An order by the court granting a petition for rehabilitative release shall not become final for 10 days in order to permit the prosecution an opportunity to appeal the court's order. An incarcerated person shall have the right to appeal a denied petition.

2. 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 , or within 60 days of notification by the Department of Corrections of its intent to issue a Certificate of Eligibility for Rehabilitative Release pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), as appropriate, 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

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 at the time it is filed with the board panel. 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).

(P.L.2019, c.364, s.9)

3. This act shall take effect immediately.

STATEMENT

This bill provides for the rehabilitative release of certain incarcerated persons.

Under the bill, the Department of Corrections (DOC) is required to issue a Certificate of Eligibility for Rehabilitative Release (certificate) to any incarcerated person who: (1) is at least 60 years of age, and has served at least 20 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; or (2) if convicted of murder, is at least 62 years of age and has served at least 30 years in custody.

An incarcerated person who has been issued a certificate, and has not previously sought relief under the bill, may petition the court for rehabilitative release. The Office of the Public Defender is required to represent the incarcerated person, unless the incarcerated person retains other counsel.

At least 60 days prior to the date of issuance of a certificate, the DOC is required to notify the State Parole Board of its intent to issue the certificate. The superintendent or other chief executive officer of the institution in which the incarcerated person is held is required to prepare a report for any incarcerated person issued a certificate under the bill for consideration by the court at a hearing for rehabilitative release.

In accordance with the provisions of the bill, a hearing on a petition for rehabilitative release is to be held in the Superior Court in the county in which the incarcerated person was originally sentenced and in accordance with the Rules of Court. In addition to other service requirements under the bill, the county prosecutor or the director, as appropriate, is required to provide a copy of the petition for rehabilitative release to any victim or family member of a victim entitled to notice relating to a parole or the consideration of a parole under current law. The victim or family member also is to be notified of their opportunity to supplement the report to be issued under the bill with a statement attached to the report, a written or videotaped statement at the hearing on the petition, or to testify to the court at the time of the hearing.

Upon consideration of a petition and following a hearing, the Superior Court may modify, reduce, or suspend an incarcerated person's sentence if the court finds by clear and convincing evidence that:

� the incarcerated person is not a danger to the safety of any person or the community;

� the incarcerated person demonstrates a readiness for reentry, which shall be demonstrated by, among other things, significant efforts to participate in educational, therapeutic, or vocational opportunities while incarcerated; and

� the interests of justice warrant a sentence modification.

The court is required to issue a written order stating the reasons for granting or denying modification.

In determining whether the foregoing standards are met, the court is required to consider a list of factors enumerated in the bill. An incarcerated person who receives a modified sentence under the bill also is to be sentenced to a five-year term of parole supervision. An order for rehabilitative release under the bill is not to become final for 10 days in order to permit the prosecution an opportunity to appeal the court's order. A petitioner may also appeal a denied petition.