30:4-123.51 Eligibility for parole
7. a. Each adult
inmate sentenced to a term of incarceration in a county penal institution, or
to a specific term of years at the State Prison or the correctional institution
for women shall become 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 less commutation time
for good behavior pursuant to N.J.S.2A:164-24 or R.S.30:4-140 and credits for
diligent application to work and other institutional assignments pursuant to
P.L.1972, c.115 (C.30:8-28.1 et seq.) or R.S.30:4-92. Consistent with the
provisions of the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6,
2C:43-6, 2C:43-7), commutation and work credits shall not in any way reduce any
judicial or statutory mandatory minimum term and such credits accrued shall
only be awarded subsequent to the expiration of the term.
b .Each adult inmate sentenced to a
term of life imprisonment shall become primarily eligible for parole after
having served any judicial or statutory mandatory minimum term, or 25 years
where no mandatory minimum term has been imposed less commutation time for good
behavior and credits for diligent application to work and other institutional
assignments. If an inmate sentenced to a specific term or terms of years
is eligible for parole on a date later than the date upon which he would be
eligible if a life sentence had been imposed, then in such case the inmate
shall be eligible for parole after having served 25 years, less commutation
time for good behavior and credits for diligent application to work and other
institutional assignments. Consistent with the provisions of the New
Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7),
commutation and work credits shall not in any way reduce any judicial or
statutory mandatory minimum term and such credits accrued shall only be awarded
subsequent to the expiration of the term.
c. Each inmate sentenced to a
specific term of years pursuant to the "Controlled Dangerous Substances
Act," P.L.1970, c.226 (C.24:21-1 et al.) shall become primarily eligible
for parole after having served one-third of the sentence imposed less commutation
time for good behavior and credits for diligent application to work and other
institutional assignments.
d. Each adult inmate sentenced to
an indeterminate term of years as a young adult offender pursuant to
N.J.S.2C:43-5 shall become primarily eligible for parole consideration pursuant
to a schedule of primary eligibility dates developed by the board, less
adjustment for program participation. In no case shall the board schedule
require that the primary parole eligibility date for a young adult offender be
greater than the primary parole eligibility date required pursuant to this
section for the presumptive term for the crime authorized pursuant to
subsection f. of N.J.S.2C:44-1.
e. Each adult inmate sentenced for
an offense specified in N.J.S.2C:47-1 shall become primarily eligible for
parole as follows:
(1)If the court finds that the
offender's conduct was not characterized by a pattern of repetitive, compulsive
behavior or finds that the offender is not amenable to sex offender treatment,
or if after sentencing the Department of Corrections in its most recent
examination determines that the offender is not amenable to sex offender
treatment, the offender shall become 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 shall be reduced by commutation time for good behavior pursuant
to R.S.30:4-140 or credits for diligent application to work and other institutional
assignments pursuant to R.S.30:4-92.
(2)All other offenders shall be
eligible for parole pursuant to the provisions of N.J.S.2C:47-5, except no
offender shall become primarily eligible for parole prior to the expiration of
any judicial or statutory mandatory minimum term.
f. Each juvenile inmate committed
to an indeterminate term shall be immediately eligible for parole.
g. Each adult inmate of a county
jail, workhouse or penitentiary shall become primarily eligible for parole upon
service of 60 days of his aggregate sentence or as provided for in subsection
a. of this section, whichever is greater. Whenever any such inmate's
parole eligibility is within six months of the date of such sentence, the judge
shall state such eligibility on the record which shall satisfy all public and
inmate notice requirements. The chief executive officer of the
institution in which county inmates are held shall generate all reports
pursuant to subsection d. of section 10 of P.L.1979, c.441 (C.30:4-123.54).
The parole board shall have the authority to promulgate time periods applicable
to the parole processing of inmates of county penal institutions, except that
no inmate may be released prior to the primary eligibility date established by
this subsection, unless consented to by the sentencing judge. No inmate
sentenced to a specific term of years at the State Prison or the correctional
institution for women shall become primarily eligible for parole until service
of a full nine months of his aggregate sentence.
h. When an inmate is sentenced to
more than one term of imprisonment, the primary parole eligibility terms
calculated pursuant to this section shall be aggregated by the board for the
purpose of determining the primary parole eligibility date, except that no
juvenile commitment shall be aggregated with any adult sentence. The
board shall promulgate rules and regulations to govern aggregation under this
subsection.
i. The primary eligibility date
shall be computed by a designated representative of the board and made known to
the inmate in writing not later than 90 days following the commencement of the
sentence. In the case of an inmate sentenced to a county penal institution
such notice shall be made pursuant to subsection g. of this section. Each
inmate shall be given the opportunity to acknowledge in writing the receipt of
such computation. Failure or refusal by the inmate to acknowledge the
receipt of such computation shall be recorded by the board but shall not
constitute a violation of this subsection.
j. Except as provided in this
subsection, each inmate sentenced pursuant to N.J.S.2A:113-4 for a term of life
imprisonment, N.J.S.2A:164-17 for a fixed minimum and maximum term or
subsection b. of N.J.S.2C:1-1 shall not be primarily eligible for parole on a
date computed pursuant to this section, but shall be primarily eligible on a
date computed pursuant to P.L.1948, c.84 (C.30:4-123.1 et seq.), which is continued
in effect for this purpose. Inmates classified as second, third or fourth
offenders pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12) shall become
primarily eligible for parole after serving one-third, one-half or two-thirds
of the maximum sentence imposed, respectively, less in each instance
commutation time for good behavior and credits for diligent application to work
and other institutional assignments; provided, however, that if the prosecuting
attorney or the sentencing court advises the board that the punitive aspects of
the sentence imposed on such inmates will not have been fulfilled by the time
of parole eligibility calculated pursuant to this subsection, then the inmate
shall not become primarily eligible for parole until serving an additional
period which shall be one-half of the difference between the primary parole
eligibility date calculated pursuant to this subsection and the parole
eligibility date calculated pursuant to section 12 of P.L.1948, c.84
(C.30:4-123.12). If the prosecuting attorney or the sentencing court
advises the board that the punitive aspects of the sentence have not been
fulfilled, such advice need not be supported by reasons and will be deemed
conclusive and final. Any such decision shall not be subject to judicial
review except to the extent mandated by the New Jersey and United States
Constitutions. The board shall, reasonably prior to considering any such
case, advise the prosecuting attorney and the sentencing court of all
information relevant to such inmate's parole eligibility.
k. Notwithstanding any provisions
of this section to the contrary, a person sentenced to imprisonment pursuant to
paragraph (2), (3) or (4) of subsection b. of N.J.S.2C:11-3 shall not be
eligible for parole.
l. Notwithstanding the provisions
of subsections a. through j. of this section, the appropriate board panel, as
provided in section 1 of P.L.1997, c.214 (C.30:4-123.51c), may release an
inmate serving a sentence of imprisonment on medical parole at any
time.
L.1979,c.441,s.7; amended 1982, c.71, s.2; 1997, c.60, s.3; 1997, c.214,
s.2; 1998, c.73, s.2; 2007, c.204, s.6.
30:4-123.51a. Inmate of county penal
institution; revocation of parole; denial of credits and ineligibility
for parole
Pursuant to section 16 of P.L.1979, c.
441 (C. 30:4-123.60), any inmate sentenced to a term of incarceration in a
county penal institution who is granted parole and whose parole is revoked,
shall not be credited for any time served during that parole and shall not be
eligible for parole during the remainder of that county
sentence.
L.1982, c. 71, s. 5, eff. July 16, 1982.
30:4-123.51b Released status under
term of parole supervision; rules, regulations; conditions applicable to parole
supervision for life.
3. a. A person who has been
sentenced to a term of parole supervision and is on release status in the
community pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall, during
the term of parole supervision, remain on release status in the community, in
the legal custody of the Commissioner of the Department of Corrections, and
shall be supervised by the Division of Parole of the State Parole Board as if
on parole, and shall be subject to the provisions and conditions set by the
appropriate board panel. The appropriate board panel shall have the
authority, in accordance with the procedures and standards set forth in
sections 15 through 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.65),
to revoke the person's release status and return the person to custody for the
remainder of the term or until it is determined, in accordance with regulations
adopted by the board, that the person is again eligible for release
consideration pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53).
b. The Parole Board shall
promulgate rules and regulations necessary to carry out the purposes of this
act pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.).
c. A person who has been sentenced
to a term of parole supervision for life pursuant to section 2 of P.L.1994,
c.130 (C.2C:43-6.4) 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 set by the appropriate board panel in accordance with the procedures
and standards set forth in sections 15 through 19 and 21 of P.L.1979, c.441
(C.30:4-123.59 through 30:4-123.63 and 30:4-123.65). If the parolee
violates a condition of a special sentence of parole supervision for life, the
parolee shall be subject to the provisions of sections 16 through 19 and 21 of
P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and 30:4-123.65), and may be
returned to prison. If revocation and return to custody are desirable
pursuant to the provisions of section 19 of P.L.1979, c.441 (C.30:4-123.63),
the appropriate board panel shall revoke parole and return the parolee to
prison for a specified length of time between 12 and 18 months, which shall not
be reduced by commutation time for good behavior pursuant to R.S.30:4-140 or
credits for diligent application of work and other institutional assignments
pursuant to R.S.30:4-92; provided, however, that nothing contained in this
subsection shall be construed or applied to reduce the time that must be served
after revocation of parole by a parolee returned to prison for a violation of a
condition of any other term of parole supervision. Upon the parolee's
release from prison, the parolee shall continue to serve the special sentence
of parole supervision for life until released by the Superior Court pursuant to
subsection c. of section 2 of P.L.1994, c.130 (C.2C:43-6.4). For the
purpose of calculating the limitation on time served pursuant to section 21 of
P.L.1979, c.441 (C.30:4-123.65), the custodial term imposed upon the parolee
related to the special sentence of parole supervision for life shall be deemed
to be a term of life imprisonment. For the purpose of establishing a
primary parole eligibility date pursuant to subsection h. of section 7 of
P.L.1979, c. 441 (C.30:4-123.51), the specific period of incarceration required
to be served pursuant to this subsection shall not be aggregated with a term of
imprisonment imposed on the parolee for the commission of any other
offense. Nothing in this section shall be construed to preclude or limit
the prosecution or conviction for any crime defined in any law of this State,
or to limit in any manner the State's ability to pursue both a criminal action
and a parole violation pursuant to the provisions of this section or any other
law.
L.1997,c.117,s.3; amended 2001, c.79, s.6; 2003, c.267, s.2.