A BRIEF OVERVIEW OF
THE PAROLE PROCESS IN
NEW JERSEY
FEBRUARY, 2002 http://www.nj.gov/parole/docs/ParoleProcess.pdf
TABLE
OF CONTENTS
Page
I.
Parole Process.............................................................................................................................
1 marty
1.
Parole Act and Parole
Board........................................................................................
1
2.
Release Standard and Hearings - Adult and Young
Adult Inmates.......................... 1
3.
Sex
Offenders..............................................................................................................
3
4.
County
Inmates...........................................................................................................
3
5.
Juvenile
Inmates..........................................................................................................
4
6.
Victim
Input..................................................................................................................
4
7.
Parole Revocation
Process........................................................................................
5
II.
Factors Considered at Parole
Hearings.................................................................................
7
III.
Parole
Eligibility........................................................................................................................
9
1.
Adult (State Prison)
Inmates.....................................................................................
9
2.
Young Adult (Youth Complex)
Inmates.................................................................... 12
A.
Parole Act and Parole Board
I.
PAROLE PROCESS
The
Parole Act of 1948 (N.J.S.A. 30:4-123.1 to 123.44) was repealed April 21, 1980
and replaced with the Parole Act of 1979 (N.J.S.A. 30:4-123.45 to 123.69) which
is administratively implemented through N.J.A.C. 10A:71-1 to 10A:71-8.
The
1979 Legislation, which was crafted to compliment the new 2C Criminal Code,
created a seven-member full-time Parole Board. In January, 1988, Board
membership was expanded to nine full-time members. In December, 1997 Board
membership was expanded to include one alternate Board Member. In June, 1999,
Board membership was expanded to eleven full-time members. In July, 2001 Board
membership was expanded to fifteen full-time members and three alternate Board
Members. The Board is now comprised of a Chairperson, twelve associate members
who are assigned to panels to review adult and young adult offender cases, two
associate members assigned to a panel to review juvenile offender cases and
three alternate members.
In
July, 1982 the Board’s responsibility was expanded to include parole
consideration for offenders committed to county jails for terms in excess of
sixty days.
The
Board is an autonomous agency responsible for the determination of whether and
under what conditions inmates subject to its jurisdiction may be released on or
returned from parole status. The significant characteristic of the new parole
legislative scheme is the exclusive assignment to the judiciary for the
establishment of a punitive aspect for each sentence. Parole eligibility exists
only after this punitive aspect has been satisfied.
B.
Release Standard and Hearings - Adult and Young Adult Inmates
The
Parole Act of 1948 authorized parole only if the Board found "a reasonable
probability" that the inmate "will assume his proper and rightful
place in society, without violation of the law, and that his release is not
incompatible with the welfare of society." N.J.S.A. 30:4-123.14. In
contrast, the Parole Act of 1979 provides that an adult inmate shall be
released at parole eligibility unless it is demonstrated "by a
preponderance of the evidence that there is a substantial likelihood that the
inmate will commit a crime under the laws of this State if released."
N.J.S.A. 30:4-123.53(a). On August 19, 1997, N.J.S.A. 30:4-123.53(a) was
amended to reflect that an adult inmate shall be released on parole at the time
of parole eligibility unless it is demonstrated "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" if released on parole.
Notice
of parole consideration of adult and young adult inmates must be given at least
thirty days prior to parole consideration by the Board to the appropriate
prosecutor's office, the sentencing court, the Office of the Attorney General,
any other criminal justice agencies whose information and comment may be
relevant, and news organizations. N.J.S.A. 30:4-123.45(b)5. These parties must
be given the opportunity to participate in parole hearings and bring
information relevant to the parole consideration of the inmate to the attention
of the Board. In Re Trantino Parole Application, 89 N.J. 347 (1982). The Board
has developed an informational hearing process during which an interested
party, e.g. a prosecutor, who has requested to participate in the parole
process, may submit evidence, give testimony, examine witnesses and present
argument on all matters directly relevant to the parole of the inmate. N.J.A.C.
10A:71-3.49.
At
least 120 days but no more than 180 days prior to the parole eligibility date
of an adult or young adult inmate, a report concerning the inmate must be filed
with the appropriate Board panel by the staff members designated by the
administrator or chief executive officer of the institution in which the inmate
is confined. N.J.S.A. 30:4-123.54(a). The report must contain the
pre-incarceration records of the inmate, state the conduct of the inmate during
current period of confinement, include a complete report on the inmate's
social, physical and mental condition, include an investigation by the Division
of Parole of the inmate's parole plans, and present information bearing upon
the likelihood that the inmate will commit a crime under the laws of this State
if released on parole. N.J.S.A. 30:4-123.54(b).
On
August 19, 1997, N.J.S.A. 30:4-123.54(b) was amended. The report to be filed
with the appropriate 1
Board
panel shall contain preincarceration records of the inmate including any
history of civil commitment, any disposition which arose out of any charges
suspended pursuant to N.J.S.A. 2C:4-6 including records of the disposition of
those charges and any acquittals by reason of insanity pursuant to N.J.S.A.
2C:4-1. The preincarceration records of the inmate contained in the report
shall include any psychological evaluation reports prepared in connection with
any court proceeding. The report shall also include a complete psychological
evaluation of the inmate in any case in which the inmate was convicted of a
first or second degree crime involving violence and (1) the inmate has a prior
acquittal by reason of insanity pursuant to N.J.S.A. 2C:4-1 or had charges
suspended pursuant to N.J.S.A. 2C:4-6; or (2) the inmate has a prior conviction
for murder pursuant to N.J.S.A. 2C:11-3, aggravated sexual assault or sexual
assault pursuant to N.J.S.A. 2C:14-2, kidnapping pursuant to N.J.S.A. 2C:13-1,
endangering the welfare of a child which would constitute a crime of the second
degree pursuant to N.J.S.A. 2C:24-4 or stalking which would constitute a crime
of the third degree pursuant to N.J.S.A. 2C:12-10; or (3) the inmate has a
prior diagnosis of psychosis. The inmate shall disclose any information
concerning any history of civil commitment.
On
August 19, 1997, N.J.S.A. 30:4-123.52 was amended to require that an objective
risk assessment be performed by Board staff prior to the parole eligibility
date of each adult inmate. The risk assessment is to consist of both static and
dynamic factors which may assist the Board panel in determining whether the
inmate shall be certified for parole and, if paroled, the level of supervision
the parolee may require. In addition to the information otherwise gathered for
and incorporated by the pre-parole report, the assessment is to include
evaluations of the inmate's ability to function independently, the inmate's
educational and employment background, the inmate's family and marital history,
and such other information and factors as the Board may deem appropriate and
necessary. The requirement for the utilization of an objective risk assessment
became effective February 1, 1998.
Prior
to the parole eligibility date of each adult or young adult inmate, a
designated hearing officer must review the reports submitted pursuant to N.J.S.A.
30:4-123.54 and must determine whether there is a basis for denial of parole in
the reports or the inmate's statements, or an indication, reduced to writing,
that additional information providing a basis for denial of parole would be
developed or produced at a hearing. If the hearing officer determines that
there is no basis to deny parole or that there is no additional relevant
information to be developed or produced, the hearing officer recommends in
writing to the assigned members of the Board panel that parole release be
granted. N.J.S.A. 30:4-123.55(a). If the assigned members of the Board panel
concur in the hearing officer's recommendation, the Board members will certify
release as soon as practicable after the inmate's parole eligibility date. N.J.S.A.
30:4-123.55(b), N.J.A.C. 10A:71-3.16. If an offender is serving a sentence for
the crime of murder, aggravated manslaughter, manslaughter, death by vehicular
homicide, aggravated assault second degree, kidnapping, aggravated sexual
assault, sexual assault, robbery, aggravated arson, burglary second degree,
endangering the welfare of a child second degree or causing or risking
widespread injury or damage second degree, the offender’s case must be referred
for a hearing before a panel of Board members. N.J.A.C. 10A:71-3.15(b).
If
the hearing officer or the Board member(s) determines that there is a basis for
the denial of parole or that a hearing before a panel of Board members is
otherwise necessary, the inmate is notified in writing of this determination. A
hearing is then conducted by the appropriate Board panel. This hearing is
scheduled as soon as administratively feasible and at least thirty days prior
to the eligibility date. At the hearing, which is informal, the Board panel
receives as evidence any relevant and reliable documents or testimony. N.J.S.A.
30:4-123.55(c). All such evidence not classified as confidential pursuant to
the rules and regulations of the Board or the Department of Corrections is
released to the inmate. The inmate is permitted to rebut the evidence or to
present evidence on his own behalf. The decision of the Board panel is based
solely on the evidence presented at the hearing. N.J.S.A. 30:4-123.55(c).
At
the conclusion of this parole consideration hearing, the Board panel either
certifies parole release or denies parole and files with the Board and the
inmate within thirty days a statement setting forth the reasons for that
decision. N.J.S.A. 30:4-123.55(d).
If
parole is denied, the Board panel must establish a future parole eligibility
date pursuant to a schedule developed by the Board and must notify the inmate
in its statement of the date of future parole consideration. The future parole
eligibility date shall take into account usual remissions of sentence for good
behavior and diligent application to work and other assignments. N.J.S.A.
30:4-123.56(a), (b). On August 19, 1997, N.J.S.A. 30:4-123.56(b) was amended to
reflect that the future parole eligibility date is not to be altered by credits
for good behavior, diligent application to work or other assignments. This
provision applies
2
to
the cases of offenders who are serving sentences for the commission of offenses
on or after August 19, 1997. When the inmate is again within six months of his
new parole eligibility date, the parole process begins anew. An inmate shall be
released on parole on the new parole eligibility date unless information
indicates by a preponderance of the evidence that there is a substantial
likelihood that the inmate will commit a crime under the laws of this State if
released on parole at such time. N.J.S.A. 30:4-123.56(c). (See above for
amendment to parole standard which became effective August 19, 1997.)
Effective
June 29, 1989, N.J.S.A. 30:4-123.55(f) required that an inmate incarcerated for
murder may only be certified for parole release upon the majority vote of the
full Board, after the conducting of a hearing. However, N.J.S.A. 30:4-123.55(f)
does not apply to an inmate previously paroled on the offense of murder and
subsequently confined for violation of parole.
Upon
a Board panel or the Board issuing a decision, a copy of the decision is
provided to the inmate, the Department of Corrections and the Prosecutor for
the county from which the inmate was committed. N.J.A.C. 10A:71-3.18(e),
N.J.A.C. 10A:71-3.20(d). Further, a victim or the nearest relative of a
murder/manslaughter victim who has submitted a written statement for the parole
report or testified at a hearing shall be notified by the Board panel or the Board
of the decision rendered. N.J.A.C. 10A:71-3.48(r).
C.
Sex Offenders
An
offender sentenced to a term to be served in the Adult Diagnostic and Treatment
Center becomes primarily eligible for parole upon recommendation by the Special
Classification Review Board pursuant to N.J.S.A. 2C:47-5(a) except that no such
offender shall become eligible prior to the expiration of any mandatory or
fixed minimum term. N.J.S.A. 30:4-123.51(e). The offender, upon being
recommended for parole, shall be released on parole when the Board is satisfied
that the offender is capable of making an acceptable social adjustment in the
community. If the offender is paroled, he is subject to the statutes governing
parole and the regulations of the Board. N.J.S.A. 2C:47-5(c).
On
August 12, 1998, N.J.S.A. 2C:47-5(a) was amended to reflect that the offender
shall be released on parole unless the Board determines by the preponderance of
the evidence that the offender has failed to cooperate in his or her own
rehabilitation or that there is a reasonable expectation that the offender will
violate conditions of parole if released on parole. The amendment to N.J.S.A.
2C:47-5(a) became effective December 1, 1998.
An
offender committed to the Adult Diagnostic and Treatment Center, upon being
recommended for parole by the Special Classification Review Board, appears
directly before an adult Board panel. If parole is granted, a release date is
established. If parole is denied, the panel issues only a statement pursuant to
N.J.S.A. 30:4-123.55(d). No future parole eligibility term is established. The
offender cannot be considered for parole until again so recommended by the
Special Classification Review Board.
4.
County Inmates
In July, 1982, the Legislature amended the Parole
Act of 1979 to provide the Board with parole jurisdiction over all inmates
sentenced to a county jail term exceeding sixty days. Specifically, the
amendment provides that any inmate sentenced to a term of incarceration in a
county jail facility shall become eligible for parole after completion of sixty
days or one-third of the sentence imposed less credits, which ever is greater.
N.J.S.A. 30:4-123.51(g).
The parole process for county jail inmates is
basically the same as the parole process for adult and young adult inmates.
However, in regards to public notice of parole eligibility, notice is to be
provided by the sentencing court rather than the Board if the parole
eligibility date is within six months from the date of sentence. N.J.S.A.
30:4-123.51(g). Further, if a county jail inmates case is referred for a panel
hearing, that panel may be composed of any two members of the Board or any one
member and one hearing officer so as to assure the efficient functioning of the
Board. N.J.S.A. 30:4-123.49(a).
5.
Juvenile Inmates
A juvenile inmate sentenced to a term of
incarceration is immediately eligible for parole. N.J.S.A. 30:4- 123.51(f). A
juvenile inmate shall be released on parole when it shall appear that the
juvenile, if released,
3
will
not cause injury to persons or substantial injury to property. N.J.S.A.
30:4-123.53(b).
An
assigned member of the juvenile Board panel or a designated hearing officer
reviews periodically, but not less than quarterly, the case of each juvenile
inmate to determine whether the release should be granted pursuant to N.J.S.A.
30:4-123.53(b). The review includes a personal interview of the juvenile by the
assigned member or the designated hearing officer and prior to such review all
documents relevant to the case, except documents classified confidential, are
explained to the juvenile. If the review is conducted by a hearing officer, the
hearing officer at the conclusion of the review recommends in writing any appropriate
action to an assigned member of the juvenile Board panel.
At
the conclusion of the review, the assigned Board member either certifies parole
release of the juvenile as soon as practicable or files with the Board a
statement setting forth the decision of the member. N.J.S.A. 30:4-123.57(d). A
copy of the statement is served upon the juvenile, the juvenile's parents or
guardians, the court and the prosecutor.
The
juvenile Board panel reviews yearly the case of each juvenile confined to
determine the reasons for the continued confinement of the juvenile. N.J.S.A.
30:4-123.57(e). A copy of the report of such review is forwarded to the
Juvenile Justice Commission, the court, the prosecutor, the juvenile and the
juvenile's parents or guardians.
On
January 1, 1994 the New Jersey Code of Juvenile Justice (N.J.S.A. 2A:4A-20 et
seq.) became effective. A juvenile inmate committed by the Family Court to a
term of incarceration pursuant to N.J.S.A. 2A:4A- 44(d)1 shall remain confined
until released on parole by the Board. However, if a juvenile is approved for
parole prior to serving one-third of any term imposed for any crime of the
first, second or third degree, including any extended term imposed pursuant to
N.J.S.A. 2A:4A-44(d)3, 4 or one-fourth of any term
imposed
for any other crime, the granting of parole is subject to the approval of the
sentencing court. N.J.S.A. 2A:4A-44(d)2. Prior to approving parole, the court
must give the prosecuting attorney notice and an opportunity to be heard. If
the court denies the parole of a juvenile it states its reasons in writing and
notifies the Board, the juvenile and the juvenile's attorney. The court has
thirty days from the date of notice of the pending parole to exercise the
authority to review the parole release of the juvenile. If the court does not
respond within that time period, the parole is deemed approved. N.J.S.A.
2A:4A-44(d)2.
F.
Victim Input
Effective
July 11, 1984, at the time of sentencing of an offender, the county prosecutor
is required to notify any victim injured as a result of a crime of the first or
second degree or the nearest relative of a murder victim of the opportunity to
present a statement to be included with the parole reports considered at the
parole hearing or to testify to the Parole Board concerning his harm at the
time of the parole hearing. Each victim or relative is responsible for
notifying the Board of the intention to submit such a statement and to provide
an appropriate mailing address. N.J.S.A. 30:4-123.54(b).
The
statement of the victim or the nearest relative of a murder victim may advise
of the continuing nature and extent of any physical harm or psychological or
emotional harm or trauma suffered by the victim, the extent of any loss of
earnings or ability to work suffered by the victim and the continuing effect of
the crime upon the victim's family. At the time public notice is given that an
inmate is being considered for parole, the Board is also required to notify any
victim or nearest relative who has previously contacted the Board of the
ability to provide a statement for inclusion in the parole report or to present
testimony at the parole hearing. N.J.S.A. 30A:4-123.54(b).
Effective
July 23, 1992 the victim or the victim's nearest relative, if the crime was
murder, has the right to testify in person before the Board panel that will
conduct the inmate's parole hearing. If the victim or the victim's nearest
relative chooses not to testify personally at the Board panel hearing, the
victim or relative may elect to present testimony to a senior hearing officer
designated by the Board panel. If a hearing is conducted by a senior hearing
officer, the senior hearing officer is required to prepare a report or a
transcript of the testimony which is reviewed by the witness prior to presentation
to the Board panel for consideration at the hearing. N.J.S.A. 30:4-123.55(c).
If
a full Board hearing is conducted in the case of an inmate incarcerated for
murder, the Board shall notify the victim's family of the hearing and family
members shall be afforded the opportunity to testify in person or
4
to
submit written statements. N.J.S.A. 30:4-123.55(f).
Effective
December 29, 1999, the victim or the nearest relative of a murder victim may
submit a videotaped statement for inclusion in the reports to be considered at
a parole hearing or to have the testimony they present to a senior hearing
officer videotaped for presentation at a parole hearing.
G.
Parole Revocation Process
Any
parolee who has seriously or persistently violated the conditions of parole may
have that parole revoked and may be returned to custody. However, the Board
cannot revoke parole on the basis of new offenses which have not resulted in a
disposition at the trial level except that upon application by the prosecuting
authority, the Director of the Division of Parole or, in cases of juvenile
parolees, the Juvenile Justice Commission, a Board panel may authorize the
detention of the parolee and commence revocation proceedings when it is
determined that the new charges are of a serious nature, and it appears that
the parolee otherwise poses a danger to public safety. N.J.S.A. 30:4-123.60(a),
N.J.A.C. 10A:71-7.3(d). In such case, a parolee is 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.
N.J.S.A. 30:4-123.60(b). Any parolee who is convicted of a crime committed
while on parole shall have his parole revoked and shall be returned to custody
unless it is demonstrated at a final parole revocation hearing by clear and
convincing evidence that good cause exists why the parolee should not be
returned to confinement. N.J.S.A. 30:4-123.60(c).
If
a parole officer has probable cause to believe that the parolee has violated a
condition of parole, and this violation is the basis for return to custody, a
designated representative of the Chairman may issue a warrant for the arrest of
the parolee if evidence indicates that the parolee may not appear at the
preliminary hearing or if the parolee poses a danger to public safety. A
parolee being held in custody on a parole warrant is not entitled to release on
bail. N.J.S.A. 30:4-123.62(a).
A
parolee retaken under a parole warrant must receive a preliminary hearing within
fourteen days unless a postponement is granted. The purpose of the preliminary
hearing is to determine whether there is probable cause to believe that the
parolee violated a condition of parole and whether revocation and return to
custody is desirable. Prior to the preliminary hearing, the parolee receives
written notice of the hearing, the conditions of parole alleged to have been
violated, and his rights at the hearing, including the right to be represented
by and provided with an attorney. N.J.S.A. 30:4-123.62(c). Upon the conclusion
of the preliminary hearing, the hearing officer must determine, if probable
cause is found, whether the parolee shall be retained in custody or released on
specific conditions pending review by the appropriate Board panel.
Following
the preliminary hearing, the parolee's case is reviewed and a determination
made as to whether a revocation hearing is to be conducted. If a revocation
hearing is to be conducted, a hearing officer will be designated and the
hearing will be conducted within sixty days after the parolee is taken into
custody as a parole violator, unless the parolee or hearing officer request a
postponement of the hearing. Prior to the hearing, the parolee receives written
notice of the hearing, the conditions of parole alleged to have been violated,
and his rights at the hearing, including his right to be represented by
assigned counsel, if the parolee is indigent, or a private attorney. Upon the
conclusion of the hearing, if there is clear and convincing evidence that the
parolee has violated his parole and if revocation is desirable, the appropriate
Board panel may revoke parole and return the parolee to or continue the parolee
in custody for a specified length of time, release the parolee and modify the
conditions of parole or continue parole and release the parolee. N.J.S.A.
30:4-123.63(d). In the cases of certain parolees, the appropriate Board panel
upon revoking parole may establish a new parole date on which the parolee is to
be released from confinement. N.J.A.C. 10A:71- 7.16B(a)2. The decision of the
appropriate Board panel is to be rendered in writing within twenty-one days of
the revocation hearing.
The
Board has developed a schedule of future parole eligibility dates for parole
violators and upon revoking parole with a return to custody, the appropriate
Board panel establishes a future parole eligibility date in accordance with the
schedule. A future parole eligibility date for a parole violator returned to
custody for reasons other than new criminal charges may not be set more than
one full year from the date of the parolee's return to custody. N.J.S.A.
30:4-123.64(b). Any parole violator ordered confined for commission of a crime
while on parole must serve at least six months or that portion of the custody
term remaining,
5
whichever
is less, before parole release can be considered. N.J.S.A. 30:4-123.64(c).
A
parole violator's maximum date will be adjusted for the time period from the
date a parole warrant was issued for his apprehension to the date the parolee
was arrested. N.J.S.A. 30:4-123.65. In the case of a county inmate who has
violated his parole status, he shall receive no credit from the date of his
release from custody on parole status. Additionally, a county inmate who has
violated his parole status is ineligible for parole consideration on the
balance of his original county jail sentence. N.J.S.A. 30:4-123.51(a).
Effective
January 12, 1984, N.J.S.A. 2C:44-5(c) was amended to require that a term of
imprisonment imposed for the commission of an offense by the defendant while on
parole status and any period of reimprisonment that the Board may require the
defendant to serve upon revocation of parole shall run consecutively unless the
sentencing court specifically orders the term of imprisonment to run
concurrently. Prior to the amendment of N.J.S.A. 2C:44-5(c), a sentence imposed
for an offense committed while the defendant was on parole status and any
parole violation term imposed by the Board were to run concurrently unless the
sentencing court specifically ordered the terms to run consecutively.
6
II.
FACTORS CONSIDERED AT PAROLE HEARINGS
Parole
decisions are based on the aggregate of all pertinent factors, including
material supplied by the inmate and reports and material which may be submitted
by any person or agencies which have knowledge of the inmate. The hearing
officer and Board panel members in evaluating an inmate's case for parole
consider the following factors:
1.
Commission of a crime while incarcerated.
2.
Commission of serious disciplinary infractions.
3.
Nature and pattern of previous convictions.
4.
Adjustment to previous probation, parole and
incarceration.
5.
Facts and circumstances of the offense.
6.
Aggravating and mitigating factors surrounding the
offense.
7.
Pattern of less serious disciplinary infractions.
8.
Participation in institutional programs which could
have led to the improvement of problems diagnosed at admission or during
incarceration. This includes, but is not limited to, participation in substance
abuse programs, academic or vocational education programs, work assignments
that provide on-the-job training and individual or group counseling.
9.
Statements by institutional staff, with supporting
documentation, that the inmate is likely to commit a crime if released.
10.
Documented pattern of relationships with
institutional staff or inmates.
11.
Documented changes in attitude toward self or
others.
12.
Documentation reflecting personal goals, personal
strengths or motivation for law-abiding behavior.
13.
Mental and emotional health.
14.
Parole plans and the investigation thereof.
15.
Status of family or marital relationships at the
time of eligibility.
16.
Availability of community resources or support
services for inmates who have a demonstrated need for same.
17.
Statements by the inmate reflecting on the
likelihood that he or she will commit another crime.
18.
History of employment, education and military
service.
19.
Family and marital history.
20.
Statement by the court reflecting the reasons for
the sentence imposed.
21.
Statements or evidence presented by the appropriate
prosecutor's office, the Office of the Attorney General, or any other criminal
justice agency.
22.
Statement or testimony of any victim or the nearest
relative(s) of a murder victim.
23.
The results of an objective risk assessment
instrument.
A
hearing officer and Board panel members may consider any other factors deemed
relevant and may move to secure
7
such
additional information deemed necessary to ensure the rendering of an informed
decision.
8
A.
Adult (State Prison) Inmates
III.
PAROLE ELIGIBILITY
Parole
eligibility of state prison inmates sentenced under Title 2C is calculated
pursuant to N.J.S.A. 30:4- 123.51 which states, in part, that "each adult
inmate sentenced to a specific term of years at the State Prison...shall be
primarily eligible for parole after having served any judicial or statutory
mandatory-minimum term, or one-third of the sentence imposed" (or, in the
case of Life, twenty-five years where no mandatory- minimum has been imposed)
"less commutation time for good behavior...and credits for diligent
application to work and other institutional assignments...". In addition,
no inmate sentenced to a specific term of years at the State Prison shall
become eligible for parole until service of a full nine months of his
aggregated sentence.
In
computing parole eligibility, these several basic rules must be kept in mind.
1.
Every custodial term imposed for an offense has a
separate parole eligibility term. The Board is required to aggregate parole
eligibility terms in order to compute a parole eligibility date on the inmate's
aggregate sentence. N.J.S.A. 30:123-51(h).
2.
A parole eligibility term on a concurrent sentence
commences on the effective date that the sentence is imposed.
3.
Commutation credits, pursuant to N.J.S.A.
30:4-123.51(a) and N.J.S.A. 30:4-140, are awarded on the balance of the parole
eligibility term less county jail credits, i.e. the time served in custody from
the date of arrest to the date of sentence, as granted by the sentencing court.
For example, if an inmate is sentenced to a custodial term of ten years and is
granted thirty days county jail credits, commutation credits would be awarded
on three years, three months (the eligibility term of 3 years 4 months minus 30
days jail credit).
4.
No state prison inmate serving a 2C sentence for a
specific term of years can serve less than nine months of his aggregate
sentence. No county inmate serving a 2C sentence can serve less than sixty days
of his aggregate sentence before release on parole. This, of course, includes
any jail credits awarded. N.J.S.A. 30:4-123.51(g).
5.
Work credits are earned by the inmate at the rate
of one work credit per every five days worked. Minimum credits are earned at
the rate of three credits per month during the first twelve months on minimum
security custody status and five credits per month thereafter. N.J.S.A.
30:4-92.
6.
Consistent with the Code of Criminal Justice,
commutation, work, and minimum custody credits shall not in any way reduce any
judicial or statutory mandatory minimum term. N.J.S.A. 30:4-123.51(a).
Pursuant
to N.J.S.A. 30:4-123.51(e) 1, an inmate sentenced for an offense specified in
N.J.S.A.. 2C:47-1 which was committed on or after December 1, 1998 becomes
primarily eligible for parole as follows:
If
the court finds that the inmate’s conduct was not characterized by a pattern of
repetitive, compulsive behavior or finds that the inmate is not amenable to sex
offender treatment, or if after sentencing the Department of Corrections in its
most recent examination determines that the inmate is not amenable to sex
offender treatment, the inmate becomes primarily eligible for parole after
having served any judicial or statutory mandatory minimum term or one-third of
the sentence imposed where no mandatory minimum term has been imposed. Neither
such term is reduced commutation time for good behavior pursuant to N.J.S.A.
30:4-140 or credits for diligent application to work and other institutional
assignments pursuant to N.J.S.A. 30:4-92.
The
following terminology is utilized by the Board in the calculation of parole
eligibility dates:
Flat
P.E.D.: Flat parole eligibility date refers to the eligibility term (i.e.
one-third of the maximum, the mandatory-minimum or twenty-five years in the
case of Life) added to the effective date of sentence less jail credits awarded
pursuant to R. 3:21-8.
9
Book
P.E.D.: Book parole eligibility date refers to the Flat P.E.D. less commutation
credits applied pursuant to N.J.S.A. 30:4-140.
Actual
P.E.D.: Actual parole eligibility date refers to the Book P.E.D. less credits
earned for diligent application to work and other institutional assignments
(minimum custody) pursuant to N.J.S.A. 30:4-92.
There
are three basic parole eligibility date calculations that exist for Title 2C
sentences, and the more complicated calculations are variations of these three
basic types. They are as follows:
#1
A 2C state prison sentence (no mandatory-minimum term): one-third of the
maximum (or twenty-five years if the sentence is Life) less jail credits, less
commutation credits and less work and minimum custody credits.
Example
of #1:
Step
#1: Step #2:
Step
#3:
Step
#4:
Step
#5:
NOTE:
Date
of Sentence : Term : Jail Credits : Work Credits : Minimum Credits :
Begin
the calculation
on the date of sentence :
Add
1/3 of the maximum
sentence : +
Subtract
the jail credits : - Flat P.E.D.
Ascertain
and deduct commutation credit (268 C.T.) on 3 yrs. 2 mos. which reflects the
period
from 06/10/02 to 08/10/05
or
3 yrs. 4 mos. less 61 days
jail credit : -
Book
P.E.D.
Subtract
work and minimum custody credits, as reported
to the Board by the
Department of Corrections, from the Book P.E.D. : -
-
Actual P.E.D. (as of 12/01/00)
06/10/02
10 years
61 days (04/11/02 to 06/10/02) 26 (as of 12/01/02)
9 (as of 12/01/02)
06/10/02
4
mos. 3 yrs. 10/10/05
61
days. 08/10/05
268
days. 11/15/04
26
W.C. 9 M.C.
10/11/04
In
this example, it is assumed that the offender earned a total of 35 days work
and minimum custody credits as of 12/01/02. Any work and minimum custody
credits earned by the offender after 12/01/02 would further reduce the P.E.D.
of 10/11/04.
10
#2
A 2C state prison sentence (with a mandatory-minimum term): mandatory-minimum
term less jail credits.
Example
of #2
Step
#1: Step #2:
Step
#3:
Date
of Sentence : Term : Jail Credits : Work Credits : Minimum Credits :
Begin
the calculation
on the date of sentence :
Add
the mandatory-minimum term :
Subtract
the jail credits :
Actual
P.E.D.
06/10/02
10 years ( 5 years mandatory-minimum term) 61 days (04/11/02 to 06/10/02)
26 (as of 12/01/02)
0 (as of 12/01/02)
06/10/02
+
5yrs. 06/10/07
-
61 days. 04/10/07
NOTE:
Since the mandatory-minimum cannot be reduced by credits other then jail credits,
the date of April 10, 2007 cannot be reduced any further and is deemed to be
the actual parole eligibility date.
#3
A county jail sentence: one-third of the maximum less jail credits, less
commutation credits, less work and minimum credits, or sixty days less jail
credits, whichever is greater.
Example
of #3
Step
#1: Step #2:
Step
#3:
Step
#4:
Date
of Sentence Term
Jail Credits
:
: :
06/10/02
240 days
15 days (05/26/02 to 06/10/02)
Begin
the calculation
on the date of sentence :
Add
1/3 of the maximum sentence :
Subtract
the jail credits :
Award
and deduct commutation credits on 2 mos. 5 days
(80 days less 15 J.C.) :
Book
P.E.D.
+
-
-
06/10/02
80
days. 08/29/02
15
days 08/14/02
11
08/03/02
NOTE:
Normally inmates can reduce their P.E.D.
However, since all county inmates must serve at least sixty days, the inmate in
the above example cannot reduce his P.E.D. below 07/25/02 which represents the
sixty day restriction added to the date of sentence (06/10/02) less the fifteen
jail credits awarded by the Court at sentencing.
by
working or maintaining reduced custody status.
11
Sixty-Day
Restriction Calculation
+
-
06/10/02
60 days (Restriction)
08/09/02
15 J.C.
07/25/02
(60 day restriction)
No
earlier than
Thus,
because the sixty day restriction will not be satisfied until July 25, 2002,
the inmate could not be released prior to this date.
B.
Young Adult (Youth Complex) Inmates
If
an inmate is sentenced to an indeterminate term of years as a young adult offender
pursuant to 2C:43-5, parole eligibility will be based upon an original time
goal as established by the Parole Board less program participation credits
reflecting the extent of the inmate's program participation and the level of
progress achieved by the inmate.
The
primary eligibility date is established by the Board based upon a schedule of
presumptive primary eligibility terms (time goals). N.J.A.C. 10A:71-3.3(a). The
Board, in establishing a time goal, may reduce the presumptive term by up to
ten months based upon mitigating factors or may increase the presumptive term
by up to ten months based upon aggravating factors. The Board may also
establish a parole eligibility date outside the range if a date established
within the range is clearly inappropriate.
Once
the time goal is established, it is added to the commencement date of the
sentence (usually the date of sentence) and any jail credit awarded pursuant to
R. 3:21-8 is deducted. If the remaining period of time exceeds twenty-four
months, the inmate is scheduled for an annual review (a review twelve months
from the commencement date of the sentence). At this annual review, the level
of program participation is determined and appropriate credits are awarded. If
the remaining period of time is less than twenty-four months, the inmate is
scheduled for a mid-goal review upon the expiration of one-half of this
remaining period (at one-half of the time goal less the jail credits). At the
mid-goal review, the level of the offender’s program participation is
determined. The Board may also grant or deny parole if the inmate's eligibility
can be reduced by program participation credits to a date within six months of
the hearing date.
The
following examples reflect both a time goal which is less than twenty-four
months and one which exceeds twenty-four months.
Example
#1
Time
Goal
Date of Sentence Jail Credits
·
: 20 months
·
: 06/10/02
·
: 120 days (02/11/02 to 06/10/02)
Step
#1 Begin calculation on
the date of sentence :
Step
#2 Add the time goal : +
Step
#3 Subtract the jail credits : - Tentative Release Date :
Step
#4 Schedule a mid-goal hearing at one-half the remaining term
(one-half
of the 20 months
time goal less 4 months jail creditor 8 months)
06/10/02
20 mos.
02/10/04
120 days.
10/13/03
Mid-Goal: 02/03
12
Example
#2
Time
Goal
Date of Sentence Jail Credits
:
30 months
: 06/10/02
: 93 days (03/10/02 to 06/10/02)
Step
#1 Begin the calculation on the date of sentence :
Step
#2 Add the time goal : +
Step
#3 Subtract the jail
credits : -
TentativeReleaseDate
:
Step
#4 Schedule an annual review one year from the date of
sentence.
(6/02 plus 1 yr.)
06/10/02
30 mos.
12/10/04
93
days. 09/08/04
Annual
Review: 06/03
NOTE:
(a) An additional concurrent or consecutive indeterminate term imposed during
the service of an indeterminate term does not necessarily require additional
time to be added to the already established time goal. State v. Carroll, 66
N.J. 558 (1975).
(b)
At both an annual and a mid-goal hearing, the Board determines the level of the
inmate's program participation and awards these credits in the following
manner: for Above Average, 15 days per month; for Average, 10 days per month;
for Below Average, 5 days per month; and for Poor no credit is awarded. The
program participation credits will reduce the tentative release date (parole
eligibility date).
13
