A4288

An Act concerning parole procedures, amending and supplementing various parts of the statutory law, and repealing section 7 of P.L.1982, c.112.

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

1. Section 1 of 1 of P.L.1979, c.441 (C.30:4-123.45) is amended to read as follows:

1. a. This act shall be known and may be cited as the "Parole Act of 1979."

b. [In this act] As used in P.L.1979, c.441 (C.30:4-123.45 et seq.) and P.L. , c. (C. ) (pending before the Legislature as this bill), unless a different meaning is plainly required:

(1) "Adult inmate" means any person sentenced as an adult to a term of incarceration.

(2) ["Juvenile inmate" means any person under commitment as a juvenile delinquent pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(3) "Parole release date" means that date certified by a member of the board for release of an inmate after a review of the inmate's case pursuant to section 11[, 13] or 14 of [this act] P.L.1979, c.441 (C.30:4-123.55 or C.30:4-123.58).

(4) "Primary parole eligibility date" means that date established for parole eligibility for adult inmates pursuant to section 7 or 20 of this act.

(5) "Public notice" shall consist of lists including names of all inmates being considered for parole, the county from which the inmates were committed and the crimes for which the inmates were incarcerated. At least 30 days prior to parole consideration the lists shall be forwarded to the office of the public defender of each county or the private attorney of record for the inmates, the prosecutor's office of each county, the sentencing court, the office of the Attorney General, any other criminal justice agencies whose information and comment may be relevant, and news organizations.

(6) Removal for "cause" means substantial cause that is plainly sufficient under the law and sound public policy touching upon qualifications appropriate to a member of the parole board or the administration of the board such that the public interest precludes the member's continuance in office. Cause includes, but is not limited to, misconduct in office, incapacity, inefficiency, nonfeasance, and violations of the Parole Board's Code of Ethics.

(7) ["Commission" means the Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(8) "Parole officer" means, with respect to an adult inmate, an officer assigned by the Chairman of the State Parole Board or the chairman's designee [and, with respect to a juvenile inmate, a person assigned by the commission].

(9) “Probable cause hearing” means a hearing before the parole board to determine whether there is probable cause to establish that a violation of parole has occurred, whether the violation is a basis for a return to custody, and whether revocation and return to custody is desirable.

(10) “Revocation hearing” refers to a hearing before the parole board to be conducted following a probable cause hearing to determine whether clear and convincing evidence exists to believe that a parolee has seriously or persistently violated a condition of supervision and whether revocation is desirable.

(cf: P.L.2025, c.35, s.47)

2. Section 4 of P.L.1979, c.441 (C.30:4-123.48) is amended to read as follows:

30:4-123.48. Policies, determinations of parole board.

4. a. All policies and determinations of the Parole Board shall be made by the majority vote of the members.

b. Except where otherwise noted, parole determinations on individual cases pursuant to this act shall be made by the majority vote of a quorum of the appropriate board panel established pursuant to this section.

c. The chairman of the board shall be the chief executive officer of the board and, after consulting with the board, shall be responsible for designating the time and place of all board meetings, for appointing the board's employees, for organizing, controlling and directing the work of the board and its employees, and for preparation and justification of the board's budget. Only the employees in those titles and positions as are designated by the Civil Service Commission shall serve at the pleasure of the chairman and shall not be subject to the provisions of Title 11A of the New Jersey Statutes. All other employees, including hearing officers, shall be in the career service and subject to the provisions of Title 11A of the New Jersey Statutes. All such career service employees who are employed by the State Parole Board on September 5, 2001, and in the case of hearing officers, those who have been employed by the State Parole Board for a period of at least one year prior to the effective date of P.L.2005, c.344, shall have permanent career service status with seniority awarded from the date of their appointments. Parole officers assigned to supervise adult parolees and all supervisory titles associated with the supervision of adult parolees in the parole officer series shall be classified employees subject to the provisions of Title 11A of the New Jersey Statutes. Parole officers assigned to supervise adult parolees and all supervisory titles associated with the supervision of adult parolees in the parole officer job classification series shall be organizationally assigned to the State Parole Board with a sworn member of the Division of Parole appointed to act as [director] chief of parole supervision. The [director] chief of parole supervision shall report directly to the Chairman of the State Parole Board or to such person as the chairman may designate.

d. The board shall promulgate reasonable rules and regulations, consistent with [this act] P.L.1979, c.441 (C.30:4-123.45 et seq) and P.L. , c. (C. ) (pending before the Legislature as this bill), as may be necessary for the proper discharge of its responsibilities. The chairman shall file the rules and regulations with the Secretary of State. The provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall apply to the promulgation of rules and regulations concerning policy and administration, [but not to] and other actions taken under this act, such as parole hearings, parole revocation hearings and review of parole cases, provided such rules and regulations are consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). In determination of its rules and regulations concerning policy and administration, the board shall consult the Governor and the Commissioner of Corrections.

e. The board, in conjunction with the Department of Corrections, shall develop a uniform information system in order to closely monitor the parole process. The system shall include participation in the Uniform Parole Reports of the National Council on Crime and Delinquency.

f. The board annually shall transmit a report of its work for the preceding fiscal year, including information on the causes and extent of parole recidivism to the Governor and the Legislature. The report shall include information regarding medical parole including, but not limited to, the number of inmates who applied for medical parole, the number of inmates who were granted medical parole, and the number of inmates who were denied medical parole. The report also may include relevant information on compliance with established time frames in the processing of parole eligibility determinations, the effectiveness of any pertinent legislative or administrative measures, and any recommendations to enhance board operations or to effectuate the purposes of the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).

g. The board shall give public notice prior to considering any adult inmate for release.

h. (Deleted by amendment, P.L.2019, c.363)

(cf: P.L.2019, c.363, s.8)

3. Section 9 of P.L.1979, c.441 (C.30:4-123.53) is amended to read as follows:

9. a. An adult inmate 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 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)

4. Section 5 of P.L.2019, c.364 (C.30:4-123.55e) is amended to read as follows:

5. a. Notwithstanding the provisions of subsection a. of section 7 of P.L.1979, c.441 (C.30:4-123.51)[,] any person granted parole, except a person serving a parole term set forth in subsection c. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) or section 2 of P.L.1994, c.130 (C.2C:43-6.4), shall have the parole term reduced by parole compliance credits at a rate of one day for every [six] two days of parole supervision [the person has completed] that the person was in compliance with the conditions of their parole.

[Credits] b. Compliance credits awarded pursuant to this section shall cease to accrue upon the issuance of a warrant by the State Parole Board and initiation of parole revocation proceedings. Any compliance credits earned pursuant to this section shall be forfeited upon the revocation of parole.

c. Any compliance credits awarded pursuant to this section based on actions for which parole revocation proceedings were initiated, but did not result in a revocation of parole and return to custody, shall be forfeited upon a determination by the board panel or board that the actions for which compliance credits were awarded violated a condition of parole.

d. Retroactive parole compliance credits for the 12 month period preceding the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be awarded to eligible persons serving a term of parole, provided that any retroactive compliance credits shall be awarded within the 12 month period following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The maximum amount of retroactive parole compliance credits that may be awarded pursuant to this subsection shall not exceed six months.

Retroactive parole compliance credits shall not be awarded to a person serving:

(1) a term of reincarceration for a parole violation committed prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) a term of parole supervision pursuant to subsection c. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or

(3) a term of parole supervision pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4).

e. If a parolee’s period of parole supervision for the sentence the parolee is currently serving was previously revoked prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), no parole compliance credits shall be awarded.

f. Nothing in this section shall be [deemed] construed to limit a parolee's eligibility to receive public health emergency credits pursuant to section 8 of P.L.2020, c.111 (C.30:4-123.55f).

(cf: P.L.2020, c.111, s.9)

5. 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.]

(cf: P.L.2011, c.67, s.1)

6. Section 16 of P.L.1979, c.441 (C.30:4-123.60) is amended to read as follows:

16. a. Any parolee who violates a condition of parole may be subject to an order pursuant to [section] sections 17 or 18 of P.L.1979, c.441 (C.30:4-123.61 or C.30:4-123.62) providing for one or more of the following sanctions :

(1) that [he be required to] the parolee shall conform to one or more additional conditions of parole;

(2) that [he] the parolee shall forfeit all or a part of [commutation time] the parole compliance credits granted pursuant to [R.S.30:4-140] section 5 of P.L.2019, c.364 (C.30:4-123.55e); or

(3) that parole compliance credits granted pursuant to section 5 of P.L.2019, c.364 (C.30:4-123.55e) shall be forfeited, consistent with that section, for any time period during which the parolee was found to be in violation of a condition of parole.

An order as described in this subsection shall not be based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.

b. (1) Any parolee who has seriously or persistently violated the conditions of [his] parole, may have [his] their parole revoked and may be returned to custody pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63). The board shall be notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed an act which, if committed by an adult, would constitute a crime. The board shall not revoke parole on the basis of new charges which have not resulted in a disposition at the trial level except that upon application by the prosecuting authority or the [Director] Chief of the State Parole Board's Division of Parole or his designee, the chairman of the board or his designee may at any time detain the parolee and commence revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63) when the chairman, or the chairman’s designee, determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. In such cases, a parolee shall be informed that, if he testifies at the revocation proceedings, his testimony and the evidence derived therefrom shall not be used against him in a subsequent criminal prosecution.

(2) An action to revoke parole as described in this subsection shall not be based solely on the:

(a) manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10;

(b) use of any narcotic drug, controlled dangerous substance, controlled substance analog, imitation controlled dangerous substance, or imitation controlled dangerous analog;

(d) failure to make payment of any assessment, fine, penalty, lab fee, or restitution imposed by the sentencing court; or

(e) failure to refrain from operating a motor vehicle without a valid driver’s license, provided, however, that reincarceration may be based solely on a parolee’s failure to refrain from operating a motor vehicle without a valid driver’s license if the parolee was prohibited from doing so by the court at the time of the parolee’s conviction.

c. The parole of any parolee who is convicted of a crime committed while on parole shall be revoked and the parolee shall be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing pursuant to section 19 of P.L.1979, c.441 (C.30:4-123.63), that good cause exists why the parolee should not be returned to confinement. Where the parolee received a sentence of time served, or a non-custodial sentence, there shall exist a presumption that good causes exists why the parolee should not be returned to confinement.

(cf: P.L. 2021, c.19, s.14)

7. 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] probable cause 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] probable cause 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] probable cause 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) 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] probable cause 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] probable cause 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] probable cause 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] probable cause 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] probable cause 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] probable cause 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] probable cause 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)

8. 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] .

(1) If the board panel determines that the parolee committed a violation and that 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] .

(2) If the board panel determines that no violation was committed by the parolee for which revocation and return to custody is desirable, the board panel may:

(a) issue an order modifying parole and releasing the offender [or] ;

(b) issue an order continuing parole, with or without additional conditions, and releasing the offender if the offender was not previously released; or

(c) as an alternative to reincarceration, issue an order directing the parolee to receive re-entry services in the community.

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)

9. 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] incarceration terms for parole violators whose parole has been revoked pursuant to section 19 of this act. 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.] 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] incarceration term for a parole violator returned to custody for reasons other than new criminal charges shall be set more than [1 full year] 364 days from the date of the parolee's return to custody.

c. Any parole violator ordered confined for commission of a crime while on parole shall serve at least [6 months] 90 days 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

e. In establishing an incarceration term, 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 period of reincarceration 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.

(cf: P.L.1979, c.441, s.20)

10. Section 22 of P.L.1979, c.441 (C.30:4-123.66) is amended to read as follows:

22. 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 his or her financial obligations, or has established by a preponderance of the evidence that full payment is not feasible.

(cf: P.L.2003, c.267, s.3)

11. Section 34 of P.L.1981, c.290 (C.2C:29-9) is amended to read as follows:

2C:29-9. Contempt. a. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if the person purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs, or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing, or controversy by a court, administrative body, or investigative entity, or purposely or knowingly violates a condition to avoid all contact with an alleged victim or a condition of home detention with or without the use of an approved electronic monitoring device, ordered pursuant to subparagraph (b) of paragraph (1) or subparagraph (k) of paragraph (2) of subsection b. of section 3 of P.L. 2014, c.31 (C.2A:162-17), or knowingly violates a condition of parole that prohibits the parolee from having contact with a victim, when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates a condition to avoid contact with an alleged victim or a condition of home detention with or without the use of an approved electronic monitoring device, or knowingly violates a condition of parole that prohibits the parolee from having contact with a victim.

b. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

Orders entered pursuant to paragraphs (3), (4), (5), (8), and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this paragraph.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

c. A person is guilty of a crime of the third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

d. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

e. A person is guilty of a crime of the fourth degree if the person purposely or knowingly violates any provision of an order entered under the provisions of the "Extreme Risk Protective Order Act of 2018," P.L.2018, c.35 (C.2C:58-20 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

As used in this section, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

(cf: P.L.2023, c.46, s.1)

12. (New section) The Commissioner of Corrections shall submit a report to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) detailing how the anticipated reduction in the incarcerated population due to implementation of P.L. , c. (C. ) (pending before the Legislature as this bill) will result in cost savings to the State. The report shall include, but not be limited to:

a. the anticipated cost savings to the State;

b. the anticipated costs that will be realized by the department due to the potential reduction in the incarcerated population during the 30-year period following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

c. a detailed plan specifying how the department will reorganize the utilization of space in State correctional facilities to account for the anticipated reduction in the incarcerated population, including the actions that will be taken to reorganize space, and the prioritization and timeframe for implementing them; and

d. if the department deems it appropriate to close one or more correctional facilities, the prioritization of facility closures, and the timeframes and details associated with each closure.

13. Section 7 of P.L.1982, c.112 (C.30:4-123.76) is repealed.

14. This act shall take effect on the first day of the seventh month next following the date of enactment.

STATEMENT

This bill revises the requirements and procedures related to parole release and violations of parole.

Standard for Parole Eligibility

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.

The bill limits the use of parole revocation and reincarceration by changing the standards for making those determinations. To clarify these processes, the bill defines “probable cause hearing,” and “revocation hearing.” 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.

Award of Compliance Credits

Currently, a parole term may be reduced by parole compliance credits, at a rate of one day for every six days of parole supervision completed. Parole compliance credits may not be awarded to an incarcerated person who is serving a term of supervision under the State’s No Early Release Act (NERA), or a term of parole supervision for life. This bill provides for the award of compliance credits at a rate of one day for every two days of parole supervision completed.

The bill also permits retroactive compliance credits to be awarded to an eligible parolee for the 12-month period preceding the bill’s effective date. All retroactive credits must be awarded within 12 months following the bill’s effective date, and may not exceed six months. Retroactive parole compliance credits may not be awarded to a person serving: (1) a term of reincarceration for a parole violation committed prior to the effective date of the bill; (2) a term of parole supervision under NERA; or (3) a term of parole supervision for life.

Revocation of Parole for Violations

The bill modifies the procedures for revocation of parole and reincarceration. The bill also expands the list of violations that do not lead to parole revocation. Specifically, the bill provides that revocation is not to be based solely on a parolee’s: (1) use of any drug or alcohol; (2) failure to pay any fine or other assessment; or (3) failure to refrain from operating a motor vehicle without a valid driver’s license, provided that revocation may be based solely on the parolee’s operation of a vehicle without a valid license if the court, at the time of conviction, prohibited the parolee from doing so.

If a hearing officer finds, by clear and convincing evidence, that a parolee has committed a parole violation and that revocation and return to custody are desirable, the board panel may revoke parole and return the parolee to custody for a specified length of time. If the board panel determines that no violation was committed for which revocation and return to custody is desirable, it may: direct that parole supervision be continued, with or without the imposition of additional conditions; direct the parolee to receive re-entry services as an alternative to reincarceration; or direct the rescission of certain compliance credits.

Issuance of Report by Department of Corrections

The bill also requires the Commissioner of Corrections to submit a report to the Governor and the Legislature within one year of the bill’s effective date, detailing how the anticipated reduction in the incarcerated population resulting from the bill will reduce costs to the State. The report is required to include, but not be limited to: (1) the anticipated cost savings to the department as a result of the bill; (2) the anticipated savings during the 30-year period following implementation of the bill as a result of the anticipated reduction in population; (3) a detailed plan specifying how the department will reorganize the use of space in State correctional facilities to account for the anticipated reduction in the prison population, including the steps to be taken to reorganize space, and the prioritization and timeframe for implementing these steps; and (4) if the department deems it appropriate to close one or more correctional facilities, the prioritization of facility closures, and the timeframes and details for each closure.

Repeal of Law Concerning Violations by Certain Parolees

Finally, this bill repeals section 7 of P.L.1982, c.112 concerning the revocation of parole and violation of conditions of parole. Pursuant to this repealed section, if an incarcerated person is released under certain conditions, such as due to overcrowding of correctional facilities during a state of emergency, but violates the conditions of parole while released, the person is to serve a term of custody up to twice the period of time that parole was accelerated during the state of emergency.