An Act concerning parole, designated as the Presumptive Parole Act, and amending ¹[P.L.1979, c.441]¹ and supplementing ¹[Title 30 of the Revised Statutes] various parts of the statutory law¹.

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

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

9. a. An adult inmate shall be released on parole at the time of 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 has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) if released on parole at that time. ¹[In reaching such determination, the] The¹ board panel or board shall state on the record the reasons ¹[therefor.

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] for a determination, specifically stating on the record evidence supporting a denial of parole based on factors that may be deemed as subjective including, but not limited to: lack of insight, lack of remorse, and minimization of offending conduct¹.

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.

c. ¹[Notwithstanding the provisions of subsection a. of this section, an adult inmate shall be released on parole at the time of primary parole eligibility provided that the inmate:

(1) has not been previously convicted of, adjudicated delinquent for, or is presently serving a sentence imposed for any crime enumerated in subsection d. of N.J.S.2C:43-7.2;

(2) has not committed any of the disciplinary infractions determined to be the most serious pursuant to regulations of the Commissioner of Corrections during the current period of
confinement; and

(3) fully participated in or cooperated with all prescribed treatment offered during incarceration, or made application for all prescribed treatment but was unable to participate because of circumstances beyond the control of the inmate.] Notwithstanding the provisions of subsection a. of this section, an adult inmate shall be released on parole at the time of primary parole eligibility provided that:

(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 N.J.S.2C:43-7.2; 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);

(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

(a) for an inmate serving a sentence of five years or less, has not committed a prohibited act considered to be the most serious by the Department of Corrections during the current period of incarceration and has not committed any prohibited act during the six months prior to parole eligibility; or

(b) for an inmate serving a sentence of more than five years, has not committed any prohibited act considered to be the most serious by the Department of Corrections during the five years prior to parole eligibility and has not committed any prohibited act during the six months prior to parole eligibility;

(3) the inmate has completed relevant rehabilitation programs 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.

d.¹ In the case of an inmate who meets the criteria set forth in this subsection, 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 c. 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).

¹e. 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 enactment of P.L. c. (pending before the Legislature as this bill) and five years immediately following the enactment of P.L. c. (pending before the Legislature as this bill). The study shall include, but not be limited to, the number of inmates who met the criteria set forth in subsection c. of this section, the number of inmates who did not meet the criteria, and the reasons an inmate did not meet the criteria.¹

(cf: P.L.1998, c.112, s.1)

¹2. (New section) 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 his parole term reduced by parole compliance credits at a rate of five days per month for each month the person is in compliance with the conditions of parole and has not committed an infraction. Any person granted parole who is not in compliance with the conditions of parole and receives a sanction requiring satisfaction of a condition of parole shall not receive parole compliance credits until the parole condition is successfully completed. Upon completing the condition, parole compliance credits shall be awarded for the time period between imposition of a sanction and completion of the condition.¹

¹3. (New section) The Commissioner of Corrections shall establish and maintain a centralized database of information contained on each disciplinary report prepared by a corrections officer in response to an inmate committing a prohibited act that is subject to disciplinary action, a sanction, or both.¹

¹4. R.S.30:4-140 is amended to read as follows:

30:4-140. For every year or fractional part of a year of a custodial sentence imposed upon any person [committed to any State correctional institution for a minimum-maximum term] there shall be remitted to him from both the maximum and minimum term of his sentence, for continuous orderly deportment, the progressive time credits indicated in the schedule herein. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then time credits in reduction of such fractional part of a year shall be calculated at the rate set out in the schedule for each full month of such fractional part of a year of sentence. [No time credits shall be calculated as provided for herein on time served by any person in custody between his arrest and the imposition of sentence.] In case of any flagrant misconduct the board of managers may declare a forfeiture of the time previously remitted, either in whole or in part, as to them shall seem just.

Schedule

A B C

Progressive Credits Credits for Each Full

for Minimum and Month of Fractional

Minimum and Maximum Sentences Part of a Year in

Maximum Sentences in Years Excess of Column A

in Years (days) (days)

1 72 7

2 156 8

3 252 8

4 348 8

5 444 8

6 540 8

7 636 10

8 756 10

9 876 10

10 996 10

11 1,116 10

12 1,236 11

13 1,368 11

14 1,500 11

15 1,632 11

16 1,764 11

17 1,896 12

18 2,040 12

19 2,184 12

20 2,328 12

21 2,472 12

22 2,616 13

23 2,772 13

24 2,928 13

25 3,084 15

26 3,264 15

27 3,444 15

28 3,624 15

29 3,804 15

30 3,984 16

Any sentence in excess of 30 years shall be reduced by time credits for continuous orderly deportment at the rate of 192 days for each such additional year or 16 days for each full month of any fractional part of a year. Nothing herein contained shall be deemed to limit or affect a convict's eligibility for parole consideration as provided for in section 10, chapter 84, P.L.1948, as amended, in any situation where the sentence or consecutive sentences imposed upon a convict shall exceed 25 years.¹

(cf: P.L.1957, c.27, s.1)

¹[2.] 5.¹ (New section) The Commissioner of Corrections shall allocate a portion of any cost savings realized from the enactment of P.L. , c. (pending before the Legislature as this bill) to the Office of Victim Services for the operating costs of the Focus on the Victim Program and other services to facilitate inmates' successful reentry.

¹[3.] 6.¹ This act shall take effect on the first day of the third month after enactment.