Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Invokes comity to direct Governor to notify victim of impending release of incarcerated person granted clemency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning clemency and supplementing chapter 167 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Not less than 30 days prior to the granting of any pardon, commutation, or reprieve, the Governor shall provide written notice of the proposed pardon, commutation, or reprieve to the victim of the crime for which the person was convicted or, if the victim is deceased, to a member of the victim’s family who is entitled to notice relating to parole or the consideration of a parole under the provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.).
b. At the time a pardon, commutation, or reprieve is granted, the Governor shall issue a written report accompanying the pardon, commutation, or reprieve. The report shall be published online and transmitted to the Legislature. The report shall include, at a minimum:
(1) the name of the person receiving the pardon, commutation, or reprieve;
(2) the offense or offenses for which the person was convicted;
(3) the sentence or penalty originally imposed;
(4) a description of the specific pardon, commutation, or reprieve granted; and
(5) a written explanation setting forth the reasons for granting the pardon, commutation, or reprieve.
2. This act shall take effect immediately.
STATEMENT
This bill provides that upon the grant of clemency in the form of a pardon, commutation, or reprieve, to a person convicted of a crime, the Governor would notify the victim of the crime for which the person was convicted. If the victim is deceased, the victim’s family member would be notified. The notification would be provided not less than 30 days prior to the grant of the pardon, commutation, or reprieve. Under the bill, the report shall be published online and transmitted the Legislature. At a minimum, the report shall include the name of the person receiving the pardon, the offense or offenses for which the person was convicted, the sentence or penalty originally imposed, a description of the specific pardon, commutation, or reprieve granted, and a written explanation of the reasons for granting the pardon, commutation, or reprieve. The bill is not intended to impinge upon the Governor’s exclusive authority to act in such matters.