A4243

An Act establishing an alternative parole eligibility pilot program.

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

1. a. The Commissioner of Corrections, in consultation with the Chairman of the State Parole Board, shall establish a six-year alternative parole eligibility pilot program. The program shall provide early parole eligibility for certified non-violent offenders. For the purposes of the program, the commissioner shall conduct an appropriate assessment of the treatment needs and recidivism risks of all adult inmates who meet the criteria set forth in paragraph (1) of subsection c. of this section, and shall develop a program plan based on that assessment which is designed to reduce the risk of recidivism through the use of rehabilitation and recidivism risk reduction programs. The commissioner shall advise all inmates for whom a program plan has been developed that successful completion of the elements of the program plan is required for early parole eligibility.

b. Notwithstanding any other law, rule, or regulation to the contrary, during the period in which the pilot program is in effect, any incarcerated offender who meets the eligibility criteria set forth in subsection c. of this section shall be granted parole by the parole board after serving 85 percent of the time required to be served for primary parole eligibility, pursuant to section 7 of P.L.1979, c.441 (C.30:4-123.51).

c. For the purposes of this section, an inmate shall be granted parole pursuant to subsection b. of this section, if the following eligibility criteria are met:

(1) the inmate has not been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); or a sexually violent offense as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26);

(2) the inmate has not committed any prohibited acts required to be reported to the prosecutor pursuant to regulations promulgated by the commissioner during the current period of incarceration;

(3) the inmate has not committed a prohibited act considered to be the most serious by the department during the current period of incarceration and has not committed any prohibited act during the six months prior to parole eligibility;

(4) the department has certified that it conducted an appropriate assessment of the treatment needs and risks of recidivism by the inmate using nationally recognized assessment tools, developed a program plan based on that assessment designed to reduce the risk of recidivism through the use of rehabilitation and recidivism risk reduction programs appropriate for that particular inmate, and the inmate successfully completed all required programs designated in the program plan; and

(5) crime victims have received notification as required by law.

2. The Commissioner of Corrections, in consultation with the Chairman of the State Parole Board, shall prepare and submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature:

a. a report within 30 days following the 12th month after the effective date of P.L. , c. (pending before the Legislature as this bill) and annually thereafter for the duration of the pilot program. The annual report shall evaluate the performance of participants during their periods of incarceration and the effect the program has on recidivism rates of participants following the granting of parole; and

b. (1) an interim report, within 60 days following the 36th month after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and (2) a final report, within 60 days following the 72nd month after the effective date of P.L. , c. (pending before the Legislature as this bill). The interim and final reports concerning the pilot program implemented pursuant to P.L. , c. (pending before the Legislature as this bill) shall include the findings and recommendations of the annual reports prepared pursuant to subsection a. of this section and make recommendations to the Governor and Legislature to amend, extend, or make permanent the alternative parole eligibility program.

3. This act shall take effect on the first day of the seventh month next following enactment and shall expire upon submission of the final report to the Legislature.

STATEMENT

This bill establishes a six-year alternative parole eligibility pilot program to provide early parole eligibility for certain non-violent offenders.

Under the provisions of the bill, the program will be established by the Commissioner of Corrections in consultation with the Chairman of the State Parole Board. The bill provides that eligible offenders will be granted parole after serving 85 percent of the time required by current law to reach primary parole eligibility. The bill defines an eligible offender as one who:

· has not been previously convicted of, adjudicated delinquent for, or is not currently serving a sentence imposed for any crime under the “No Early Release Act,” N.J.S.2C:43-7.2, or any sex crime enumerated in P.L.1994, c.133 (C.2C:7-2);

· is not a sexually violent predator as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26);

· has not committed certain prohibited acts during the current period of incarceration; and

· has completed required rehabilitation and recidivism reduction programs.

The bill further specifies that prior to the grant of parole, crime victims are to be notified as required by law.