ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 4463

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 4463 (1R).

      As reported, this bill provides for the rehabilitative release of certain incarcerated persons.

      Under the amended bill, the Department of Corrections (DOC) is required to issue a Certificate of Eligibility for Rehabilitative Release (certificate) to an 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; and 2) has not been convicted of murder or aggravated sexual assault, or who has been deemed a repetitive, compulsive sex offender.

      An incarcerated person who has been issued a certificate, and has not previously sought relief under the amended 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 the certificate is issued, 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 amended bill for consideration by the court at a hearing for rehabilitative release.

      In accordance with the provisions of the amended 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 amended bill, the county prosecutor or the Director of the Division of Criminal Justice, 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 amended bill with a statement attached to the report or 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 is required to 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 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 amended bill.  An incarcerated person who receives a modified sentence under the amended bill also is to be sentenced to a five-year term of parole supervision.  An order for rehabilitative release under the amended 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.

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.