ASSEMBLY, No. 5228

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JANUARY 27, 2025

 

 

Sponsored by:

Assemblyman  JULIO MARENCO

District 33 (Hudson)

Assemblyman  JOE DANIELSEN

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Excludes repeat offenders and persons convicted of certain crimes from eligibility for administrative parole release.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Actconcerning administrative parole release, and amending P.L.2019, c.364.

 

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

 

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

     4. a. Notwithstanding the provisions of subsection a. of section 9 of P.L.1979, c.441 (C.30:4-123.53), an adult inmate shall be administratively released on parole at the time of primary or subsequent parole eligibility provided that:

     (1)   the inmate [has] is 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 c. or g. of N.J.S.2C:43-6; subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); or section 3 of P.L.1998, c.71 (C.30:4-27.26); or any of the following crimes: section 1 of P.L.1997, c. 111 (C.2C:11-5.1); section 1 of P.L.2014, c.17 (C.2C:11-5.2); section 1 of P.L.2017, c.165 (C.2C:11-5.3); a violation of N.J.S.2C:12-1 that is a crime of the third or fourth degree; section 2 of P.L.1997, c.111 (C.2C:12-1.1); N.J.S.2C:12-3; section 1 of P.L.1992, c.209 (C.2C:12-10); any violation of N.J.S.2C:13-2; section 1 of P.L.2005, c.1 (C.2C:13-7); section 1 of P.L.2005, c.77 (C.2C:13-8); section 5 of P.L.2013, c.51 (C.2C:13-9); section 1 of P.L.2003, c.206 (C.2C:14-9); section 1 of P.L.2023, c.45 (C.2C:14-9.1); N.J.S.2C:16-1; any violation of subsection a. of N.J.S.2C:17-1; section 3 of P.L.1994, c.121 (C.2C:21-25); paragraph (2) of subsection a. of N.J.S.2C:24-4; sub-subparagraph (iii) of subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; N.J.S.2C:28-5; N.J.S.2C:30-2; a violation of N.J.S.2C:33-3 that is a crime of the first or second degree; N.J.S.2C:35-3; N.J.S.2C:35-4; N.J.S.2C:35-5; section 5 of P.L.2002, c.26 (C.2C:38-5); any violation of subsections a., b., c., d., e., or f. of N.J.S.2C:39-3; any violation of subsections b., c., or d. of N.J.S.2C:39-4; any violation of section 1 of P.L.1998, c.26 (C.2C:39-4.1); paragraph (1) of subsection b. of section 6 of P.L.1979, c.179 (C.2C:39-7); subsections a. or b. of N.J.S.2C:39-9; section 1 of P.L.1995, c.405 (C.2C:39-16); or subsection a. of section 2 of P.L.2001, c.213 (C.2C:40-22).

     (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, and has not committed any serious disciplinary infraction, designated in regulations promulgated by the commissioner as a prohibited act that is considered to be the most serious and results in the most severe sanctions, within the previous two years;

     (3)   the inmate has completed relevant rehabilitation programs, as determined by the Department of Corrections and State Parole Board, available at the correctional facility or applied for but was unable to complete or was denied access to these programs due to circumstances beyond the inmate's control including, but not limited to, capacity limitations or exclusionary policies of these programs; [and]

     (4)   crime victims have received notification as required by law; and

     (5) the inmate has no prior convictions for any indictable offense and no prior adjudications of delinquency for any offense which, if committed by an adult, would constitute an indictable offense.

     b.    In the case of an inmate who meets the criteria set forth in this section for administrative parole release, a hearing shall not be required pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55).  An inmate released on parole pursuant to subsection a. of this section shall, during the term of parole supervision, remain in the legal custody of the Commissioner of Corrections, be supervised by the Division of Parole of the State Parole Board, and be subject to the provisions and conditions established by the appropriate board panel in accordance with the procedures and standards set forth in section 15 of P.L.1979, c.441 (C.30:4-123.59).  If the parolee violates a condition of parole, the parolee shall be subject to the provisions of sections 16 through 19 of P.L.1979, c.441 (C.30:4-123.60 through C.30:4-123.63) and may have his parole revoked and be returned to custody.  If revocation and return to custody are deemed appropriate, the appropriate board panel shall revoke the parolee's release and return the parolee to custody and confinement pursuant to the provisions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

     c.     Denials of administrative parole release shall be appealable in accordance with section 14 of P.L.1979, c.441 (C.30:4-123.58).

     d.    A criminal justice program at a four-year public institution of higher education in this State shall conduct a study of all inmates whose primary parole eligibility date was within the five years immediately preceding the implementation of P.L.2019, c.364 (C.30:4-123.55b et al.) and the five years immediately following the implementation of P.L.2019, c.364 (C.30:4-123.55b et al.).  The study shall include, but not be limited to, the number of inmates who met the criteria set forth in subsection a. of this section, the number of inmates who did not meet the criteria, and the reasons an inmate did not meet the criteria.

(cf: P.L.2019, c.364, s.4)

 

     2. This act shall take effect immediately.

STATEMENT

 

     This bill amends the "Earn Your Way Out Act," P.L.2019, c.364, to exclude inmates with prior convictions for indictable offenses and inmates serving sentences for certain enumerated crimes from being eligible for administrative parole release.  The Earn Your Way Out Act established a process by which an inmate who is eligible for administrative parole release may be paroled without a hearing at the time of their first eligibility for parole.

     Under current law, administrative parole release is available for all inmates regardless of their prior record, except for inmates previously convicted of or currently serving sentences for crimes enumerated under the "No Early Release Act" ("NERA"), N.J.S.A.2C:43-7.2, the "Graves Act," N.J.S.A.2C:43-6, "Megan's Law," N.J.S.A.2C:7-2, and the "Sexually Violent Predator Act," N.J.S.A.30:4-27.26.

     Under the bill, inmates with any prior convictions for an indictable offense would not be eligible for administrative parole release.  Furthermore, in addition to the crimes enumerated under NERA, the Graves Act, Megan's Law, and the Sexually Violent Predator Act, inmates currently serving a sentence imposed for a conviction of any of the following additional crimes would also not be eligible for administrative parole release:

        Leaving the scene of an automobile accident resulting in death;

        Leaving the scene of a boating accident resulting in death;

        Vehicular homicide;

        Assault in the third or fourth degree;

        Leaving the scene of an automobile accident resulting in serious bodily injury;

        Terroristic threats;

        Stalking;

        Criminal restraint;

        Luring of an adult;

        Human trafficking in the first degree;

        Human trafficking in the second degree;

        Invasion of privacy;

        Sexual extortion;

        Bias intimidation;

        Aggravated arson;

        Money laundering;

        Endangering the welfare of a child causing abuse or neglect;

        Child pornography;

        Witness tampering;

        Official misconduct;

        False public alarm in the first degree;

        False public alarm in the second degree;

        Leader of a narcotics trafficking network;

        Maintaining or operating a controlled substance production facility;

        Manufacturing, distributing, or dispensing controlled substances;

        Soliciting or providing material support for terrorism;

        Prohibited weapons and devices;

        Possession of explosives for an unlawful purpose;

        Possession of destructive devices for an unlawful purpose;

        Possession of a weapon except a firearm for an unlawful purpose;

        Possession of a weapon during the commission of a drug offense;

        Violation of a prohibition on weapons possession;

        Manufacture, transport, disposition, and defacement of machine guns or sawed-off shotguns;

        Leader of a firearms trafficking network; and

        Causing death or injury while driving with a suspended license.