Revises requirements for parole release and violations of parole; repeals law relating to violations committed by parolee released due to overcrowding.

A4288

ASSEMBLY, No. 4288

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Revises requirements for parole release and
violations of parole; repeals law relating to violations committed by parolee
released due to overcrowding.��

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning parole procedures, amending and
supplementing various parts of the statutory law, and repealing section 7 of
P.L.1982, c.112.

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

���� 1.��� Section 1 of 1 of
P.L.1979, c.441 (C.30:4-123.45) is amended to read as follows:

���� 1. a. This act shall be known
and may be cited as the "Parole Act of 1979."

���� b.���
[
In this act
]

As used in
P.L.1979, c.441 (C.30:4-123.45 et seq.) and P.L. �������, c.�� �(C.��� �)
(pending before the Legislature as this bill)
, unless a different meaning
is plainly required:

���� (1) "Adult inmate"
means any person sentenced as an adult to a term of incarceration.

���� (2)
[
"Juvenile inmate" means
any person under commitment as a juvenile delinquent pursuant to section 25 of
P.L.1982, c.77 (C.2A:4A-44).
]

(Deleted by amendment, P.L.���� , c.��� ) (pending before the Legislature as
this bill)

���� (3) "Parole release
date" means that date certified by a member of the board for release of an
inmate after a review of the inmate's case pursuant to section 11
[
, 13
]
or 14 of
[
this act
]

P.L.1979,
c.441 (C.30:4-123.55 or C.30:4-123.58)
.

���� (4) "Primary parole
eligibility date" means that date established for parole eligibility for
adult inmates pursuant to section 7 or 20 of this act.

���� (5) "Public notice"
shall consist of lists including names of all inmates being considered for
parole, the county from which the inmates were committed and the crimes for
which the inmates were incarcerated. At least 30 days prior to parole consideration
the lists shall be forwarded to the office of the public defender of each
county or the private attorney of record for the inmates, the prosecutor's
office of each county, the sentencing court, the office of the Attorney
General, any other criminal justice agencies whose information and comment may
be relevant, and news organizations.

���� (6) Removal for
"cause" means substantial cause that is plainly sufficient under the
law and sound public policy touching upon qualifications appropriate to a
member of the parole board or the administration of the board such that the
public interest precludes the member's continuance in office. Cause includes,
but is not limited to, misconduct in office, incapacity, inefficiency,
nonfeasance, and violations of the Parole Board's Code of Ethics.

���� (7)
[
"Commission" means the
Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170).
]

(Deleted by amendment, P.L.���� , c.��� ) (pending before the Legislature as
this bill)

��
(8)
"Parole officer" means, with respect to an adult inmate, an officer
assigned by the Chairman of the State Parole Board or the chairman's designee
[
and, with
respect to a juvenile inmate, a person assigned by the commission
]
.

��
(9)
�Probable cause hearing� means a hearing before the parole board to determine
whether there is probable cause to establish that a violation of parole has
occurred, whether the violation is a basis for a return to custody, and whether
revocation and return to custody is desirable
.

����
(10) �Revocation hearing�
refers to a hearing before the parole board to be conducted following a
probable cause hearing to determine whether clear and convincing evidence
exists to believe that a parolee has seriously or persistently violated a
condition of supervision and whether revocation is desirable.�

(cf: P.L.2025, c.35, s.47)

���� 2.��� Section 4 of P.L.1979,
c.441 (C.30:4-123.48) is amended to read as follows:

���� 30:4-123.48.� Policies,
determinations of parole board.

���� 4. a. All policies and
determinations of the Parole Board shall be made by the majority vote of the
members.

���� b.��� Except where otherwise
noted, parole determinations on individual cases pursuant to this act shall be
made by the majority vote of a quorum of the appropriate board panel
established pursuant to this section.

���� c.���� The chairman of the
board shall be the chief executive officer of the board and, after consulting
with the board, shall be responsible for designating the time and place of all
board meetings, for appointing the board's employees, for organizing, controlling
and directing the work of the board and its employees, and for preparation and
justification of the board's budget.� Only the employees in those titles and
positions as are designated by the Civil Service Commission shall serve at the
pleasure of the chairman and shall not be subject to the provisions of Title
11A of the New Jersey Statutes.� All other employees, including hearing
officers, shall be in the career service and subject to the provisions of Title
11A of the New Jersey Statutes.� All such career service employees who are
employed by the State Parole Board on September 5, 2001, and in the case of
hearing officers, those who have been employed by the State Parole Board for a
period of at least one year prior to the effective date of P.L.2005, c.344,
shall have permanent career service status with seniority awarded from the date
of their appointments.� Parole officers assigned to supervise adult parolees
and all supervisory titles associated with the supervision of adult parolees in
the parole officer series shall be classified employees subject to the
provisions of Title 11A of the New Jersey Statutes.� Parole officers assigned
to supervise adult parolees and all supervisory titles associated with the
supervision of adult parolees in the parole officer job classification series
shall be organizationally assigned to the State Parole Board with a sworn
member of the Division of Parole appointed to act as
[
director
]

chief
of
parole supervision.� The
[
director
]

chief
of
parole supervision shall report directly to the Chairman of the State Parole
Board or to such person as the chairman may designate.�

���� d.��� The board shall
promulgate reasonable rules and regulations, consistent with
[
this act
]

P.L.1979,
c.441 (C.30:4-123.45 et seq) and P.L.�� , c.�� (C.������� ) (pending before the
Legislature as this bill)
, as may be necessary for the proper discharge of
its responsibilities.� The chairman shall file the rules and regulations with
the Secretary of State.� The provisions of the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall apply to the promulgation
of rules and regulations concerning policy and administration,
[
but not to
]

and

other actions taken under this act, such as parole hearings, parole revocation
hearings and review of parole cases
, provided such rules and regulations are
consistent with the provisions of P.L.�� , c.�� (C.������� ) (pending before
the Legislature as this bill)
.� In determination of its rules and
regulations concerning policy and administration, the board shall consult the
Governor and the Commissioner of Corrections.�

���� e.���� The board, in
conjunction with the Department of Corrections, shall develop a uniform
information system in order to closely monitor the parole process.� The system
shall include participation in the Uniform Parole Reports of the National
Council on Crime and Delinquency.�

���� f.���� The board annually
shall transmit a report of its work for the preceding fiscal year, including
information on the causes and extent of parole recidivism to the Governor and
the Legislature.� The report shall include information regarding medical parole
including, but not limited to, the number of inmates who applied for medical
parole, the number of inmates who were granted medical parole, and the number
of inmates who were denied medical parole.� The report also may include
relevant information on compliance with established time frames in the
processing of parole eligibility determinations, the effectiveness of any
pertinent legislative or administrative measures, and any recommendations to
enhance board operations or to effectuate the purposes of the "Parole Act
of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).�

���� g.��� The board shall give
public notice prior to considering any adult inmate for release.�

���� h.��� (Deleted by amendment,
P.L.2019, c.363)

(cf: P.L.2019, c.363, s.8)

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

���� 9. a. An adult inmate who is
not eligible for administrative parole release pursuant to section 4 of
P.L.2019, c.364 (C.30:4-123.55d) shall be released on parole at the time of
primary 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
]

incarcerated
person
has failed to cooperate in his or her own rehabilitation or that
there is a
[
reasonable
expectation
]

substantial likelihood
that the
[
inmate
]

incarcerated
person
will
[
violate
conditions of parole imposed pursuant to section 15 of P.L.1979, c.441
(C.30:4-123.59)
]

commit a crime under the laws of this State
if released on parole at
that time.

���� The board panel or board shall
state the following on the record:�

���� (1)�� the reasons for a denial
of parole, specifically providing evidence to support the denial of parole
based on factors that may be deemed subjective; and

���� (2)�� the reasons for the
established future parole eligibility date, specifically providing an
explanation of why and how the board panel or board determined the amount of
time an inmate is required to wait for a subsequent parole hearing.

���� 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.
]

(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill

(cf: P.L.2019, c.364, s.8)

���� 4.��� Section 5 of P.L.2019,
c.364 (C.30:4-123.55e) is amended to read as follows:

���� 5.���
a.
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 the parole term reduced by parole compliance
credits at a rate of one day for every
[
six
]

two

days of parole supervision
[
the
person has completed
]

that the person was in compliance with the conditions of their parole
.

����
[
Credits
]

b. Compliance credits

awarded pursuant to this section shall cease to accrue upon the issuance of a
warrant by the State Parole Board and initiation of parole revocation
proceedings.� Any
compliance
credits earned pursuant to this section
shall be forfeited upon the revocation of parole.

����
c.
���� Any compliance
credits awarded pursuant to this section based on actions for which parole
revocation proceedings were initiated, but did not result in a revocation of
parole and return to custody, shall be forfeited upon a determination by the
board panel or board that the actions for which compliance credits were awarded
violated a condition of parole.

����
d.��� Retroactive parole
compliance credits for the 12 month period preceding the effective date of P.L.��
, c.�� (C.������� ) (pending before the Legislature as this bill) shall be
awarded to eligible persons serving a term of parole, provided that any
retroactive compliance credits shall be awarded within the 12 month period
following the effective date of P.L.�� , c.�� (C.������� ) (pending before the
Legislature as this bill). The maximum amount of retroactive parole compliance
credits that may be awarded pursuant to this subsection shall not exceed six
months.

����
Retroactive parole
compliance credits shall not be awarded to a person serving:

����
(1) a term of
reincarceration for a parole violation committed prior to the effective date of
P.L.�� , c.�� (C.������� ) (pending before the Legislature as this bill);

����
(2) a term of parole
supervision pursuant to subsection c. of section 2 of P.L.1997, c.117
(C.2C:43-7.2); or

����
(3) a term of parole
supervision pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4).

����
e.���� If a parolee�s
period of parole supervision for the sentence the parolee is currently serving
was previously revoked prior to the effective date of P.L.�� , c.�� (C.�������
) (pending before the Legislature as this bill), no parole compliance credits
shall be awarded.�����

����
f.
���� Nothing in this
section shall be
[
deemed
]

construed

to limit a parolee's eligibility to receive public health emergency credits
pursuant to section 8 of P.L.2020, c.111 (C.30:4-123.55f).

(cf: P.L.2020, c.111, s.9)

���� 5.��� Section 12 of P.L.1979,
c.441 (C.30:4-123.56) is amended to read as follows:

���� 12. a. The board shall develop
a schedule of future parole eligibility dates for adult
[
inmates
]

incarcerated
persons
denied release at their eligibility date.� In developing such
schedule, particular emphasis shall be placed on the severity of the offense
for which
[
he
]

the
incarcerated person
was denied parole and on the characteristics of the
offender, such as, but not limited to, the prior criminal record of the
[
inmate
]

incarcerated
person
and the need for continued incapacitation of the
[
inmate
]

incarcerated
person
.

���� b.��� If the release on the
eligibility date is denied, the board panel which conducted the hearing shall
refer to the schedule published pursuant to subsection a., and include in its
statement denying parole notice of the date of future parole consideration.� If
such date differs from the date otherwise established by the schedule, the
board panel shall include particular reasons therefor.� The future parole
eligibility date shall not be altered to take into account remissions of
sentence for good behavior and diligent application to work and other
assignments; provided however, the future parole eligibility date may be
altered pursuant to section 8 of P.L.1979, c.441 (C.30:4-123.52).

���� c.���� An
[
inmate
]

incarcerated
person
shall be released on parole on the new parole eligibility date
unless information filed pursuant to a procedure identical to that set forth in
section 10 of P.L.1979, c.441 (C.30:4-123.54) indicates by a preponderance of
the evidence that the
[
inmate
]

incarcerated
person
has failed to cooperate in his or her own rehabilitation or that
there is a
[
reasonable
expectation
]

substantial likelihood
that the
[
inmate
]

incarcerated
person
will
[
violate
conditions of parole imposed pursuant to section 15 of P.L.1979, c.441
(C.30:4-123.59)
]

commit a crime under the laws of this State
if released on parole at
that time.� The determination of whether the
[
inmate
]

incarcerated
person
shall be released on the new parole eligibility date shall be made
pursuant to the procedure set forth in section 11 of P.L.1979, c.441
(C.30:4-123.55) and this section.

����
[
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.
]

(cf: P.L.2011, c.67, s.1)

���� 6.��� Section 16 of P.L.1979,
c.441 (C.30:4-123.60) is amended to read as follows:

���� 16.� a. Any parolee who
violates a condition of parole may be subject to an order pursuant to
[
section
]

sections

17
or 18
of P.L.1979, c.441 (C.30:4-123.61
or C.30:4-123.62
)
providing for one or more of the following
sanctions
:

���� (1)�� that
[
he be required
to
]

the
parolee shall
conform to one or more additional conditions of parole;

���� (2)�� that
[
he
]

the
parolee shall
forfeit all or a part of
[
commutation
time
]

the
parole compliance
credits granted pursuant to
[
R.S.30:4-140
]

section 5
of P.L.2019, c.364 (C.30:4-123.55e); or

����
(3)�� that parole
compliance credits granted pursuant to section 5 of P.L.2019, c.364
(C.30:4-123.55e) shall be forfeited, consistent with that section, for any time
period during which the parolee was found to be in violation of a condition of
parole.
�

���� An order as described in this
subsection shall not be based on manufacturing, distributing, or dispensing, or
possessing or having under control with intent to manufacture, distribute, or
dispense, marijuana or hashish in violation of paragraph (12) of subsection b.
of N.J.S.2C:35-5, or possession of marijuana or hashish� in violation of
paragraph (3) of subsection a. of N.J.S.2C:35-10.

���� b. (1) Any parolee who has
seriously or persistently violated the conditions of
[
his
]
parole, may have
[
his
]

their

parole revoked and may be returned to custody pursuant to sections 18 and 19 of
P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63).� The board shall be notified
immediately upon the arrest or indictment of a parolee or upon the filing of
charges that the parolee committed an act which, if committed by an adult,
would constitute a crime.� The board shall not revoke parole on the basis of
new charges which have not resulted in a disposition at the trial level except
that upon application by the prosecuting authority or the
[
Director
]

Chief
of
the State Parole Board's Division of Parole or his designee, the chairman of
the board or his designee may at any time detain the parolee and commence
revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441
(C.30:4-123.62 and 30:4-123.63) when the chairman
, or the chairman�s
designee,
determines that the new charges against the parolee are of a
serious nature and it appears that the parolee otherwise poses a danger to the
public safety.� In such cases, a parolee shall be 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.

���� (2)�� An action to revoke
parole as described in this subsection shall not be based
solely
on
the:

����
(a)
manufacturing,
distributing, or dispensing, or possessing or having under control with intent
to manufacture, distribute, or dispense, marijuana or hashish in violation of
paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or
hashish� in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10
;
�

����
(b)�� use of any narcotic
drug, controlled dangerous substance, controlled substance analog, imitation
controlled dangerous substance, or imitation controlled dangerous analog;

����
(c) use of alcohol;

����
(d) failure to make payment
of any assessment, fine, penalty, lab fee, or restitution imposed by the
sentencing court; or

����
(e) failure to refrain from
operating a motor vehicle without a valid driver�s license, provided, however,
that reincarceration may be based solely on a parolee�s failure to refrain from
operating a motor vehicle without a valid driver�s license if the parolee was
prohibited from doing so by the court at the time of the parolee�s conviction
.

���� c. The parole of any parolee
who is convicted of a crime committed while on parole shall be revoked and the
parolee shall be returned to custody unless the parolee demonstrates, by clear
and convincing evidence at a hearing pursuant to section 19 of P.L.1979, c.441
(C.30:4-123.63), that good cause exists why the parolee should not be returned
to confinement.
Where the parolee received a sentence of time served, or a
non-custodial sentence, there shall exist a presumption that good causes exists
why the parolee should not be returned to confinement.

(cf: P.L. 2021, c.19, s.14)

���� 7.��� Section 18 of P.L.1979,
c.441 (C.30:4-123.62) is amended to read as follows:

���� 18. a. (1) If a parole officer
assigned to supervise a parolee has probable cause to believe that the parolee
has violated a condition of parole, the violation being a basis for return to
custody pursuant to subsection b. of section 16 of P.L.1979, c.441
(C.30:4-123.60), a designated representative of the chairman of the board may
issue a warrant for the arrest of the parolee if evidence indicates that the
parolee may not appear at the
[
preliminary
]

probable
cause
hearing or if the parolee poses a danger to the public safety.

���� (2)�� If a parole officer
assigned to supervise a parolee has probable cause to believe that the parolee
has committed a crime, is about to commit a crime, or is about to flee the
jurisdiction, which violation is a basis for return to custody pursuant to
subsection b. of section 16 of P.L.1979, c.441 (C.30:4-123.60), and the
situation is one of immediate emergency that cannot await the issuance of a
warrant by a designated representative, the parole officer, by the parole
officer's own warrant, may apprehend the parolee and cause the parolee's
detention in a suitable facility designated by the Department of Corrections or
cause the parolee's confinement in an appropriate institution pending return to
a facility designated by the Department of Corrections to await the conduction
of a
[
preliminary
]

probable
cause
hearing. The warrant shall be in the form prescribed by the State
Parole Board and, when signed by the officer in charge of the case, shall be a
sufficient instrument and authority to all peace officers to assist in the
apprehension of the parolee.� It shall also be sufficient authority for
detention of the parolee in a suitable facility, to await the conduction of the

[
preliminary
]

probable
cause
hearing. Upon enforcement of the warrant, the appropriate board panel
shall be promptly notified.� No parolee held in custody on a parole warrant
shall be entitled to release on bail.�

����
(3) The decision to issue a
warrant for the arrest of the parolee pursuant to paragraph (1) of this
subsection shall be reviewed by the appropriate board panel within seven days
of the date the warrant was issued.�

����
In reviewing the decision,
the board panel shall determine whether the evidence indicates, by a
preponderance of the evidence, that the parolee is not likely to appear at the
probable cause hearing or if the parolee poses a danger to public safety. The
board panel shall consider all available evidence of the parolee�s employment,
family and community ties, including length of residency in the community,
history of reporting as directed, other indicators of sta
bility, and any written statements submitted by the parolee
or the parolee�s counsel.�

����
No
warrant shall be issued and the parolee shall be immediately released, unless the
board panel determines, by a preponderance of the evidence, that the parolee is
not likely to appear at the probable cause hearing, or that the parolee poses a
danger to public safety.

����
The parolee shall be
informed in writing of the board panel�s decision, the particular reasons
therefor, and the facts relied on.� The decision shall be considered a final
agency decision.

���� b.��� A parolee retaken under
this section shall within 14 days be granted a
[
preliminary
]

probable
cause
hearing to be conducted by a hearing officer not previously involved
in the case, unless the parolee, the hearing officer, or the parole officer
requests postponement of the
[
preliminary
]

probable
cause
hearing, which may be granted by the appropriate board panel for good
cause, but in no event shall such postponement, if requested by the hearing
officer or the parole officer, exceed 14 days.�

���� c.���� The
[
preliminary
]

probable
cause
hearing shall be for the purpose of determining:�

���� (1)�� Whether there is
probable cause to believe that the parolee violated a condition of his parole
being the basis for return to custody pursuant to subsection b. of section 16
of P.L.1979, c.441 (C.30:4-123.60), and

���� (2)�� Whether revocation and
return to custody is desirable in the instant matter.�

���� d.��� Prior to the
[
preliminary
]

probable
cause
hearing the parolee shall be provided with written notice of:�

���� (1)�� The conditions of parole
alleged to have been violated;

���� (2)�� The time, date, place
,

and circumstances of the alleged violation;

���� (3)�� The possible action
which may be taken by the board after a parole revocation hearing;

���� (4)�� The time, date
,

and place of the
[
preliminary
]

probable
cause
hearing;

���� (5)�� The right pursuant to
P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or
such other qualified person as the parolee may retain;
[
and
]

���� (6)�� The right to confront
and cross-examine witnesses
; and

����
(7) The right to rebut
adverse documentary evidence
.

���� e.���� The hearing officer who
conducts the hearing shall make a summary or other record of said hearing.

���� f.���� If the evidence
presented at the
[
preliminary
]

probable
cause
hearing does not support a finding of probable cause to believe that
the parolee has violated a condition of his parole, such violation being a
basis for return to custody pursuant to subsection b. of section 16 of
P.L.1979, c.441 (C.30:4-123.60), or if it is otherwise determined that
revocation is not desirable, the hearing officer may, in accordance with the
provisions of subsection a. of section 16 of P.L.1979, c.441 (C.30:4-123.60)
and section 17 of P.L.1979, c.441 (C.30:4-123.61), issue an order modifying
parole and releasing the offender, or continuing parole and releasing the
offender.�

���� g.��� If the evidence
presented at the
[
preliminary
]

probable
cause
hearing supports a finding of probable cause to believe that the
parolee has violated a condition of his parole, the hearing officer shall
determine whether the parolee shall be retained in custody or released on
specific conditions pending action by the appropriate board panel.�

���� h.��� Conviction of a crime
committed while on parole shall be deemed to constitute probable cause to
believe that the parolee has violated a condition of parole.

(cf: P.L.2019, c.363, s.14)

���� 8.��� Section 19 of P.L.1979,
c.441 (C.30:4-123.63) is amended to read as follows:

���� 19. a. If the hearing officer
finds probable cause pursuant to subsection c. (1) of section 18 of P.L.1979,
c.441 (C.30:4-123.62) and finds that revocation is desirable pursuant to
subsection c. (2) of section 18 of P.L.1979, c.441 (C.30:4-123.62), or if the
parolee is convicted of a criminal offense committed while on parole, the board
shall cause a revocation hearing to be conducted by a hearing officer, other
than the hearing officer previously designated pursuant to section 18 of
P.L.1979, c.441 (C.30:4-123.62), within 60 days after the date a parolee is
taken into custody as a parole violator unless the parolee or the hearing
officer requests postponement of the revocation hearing, which may be granted
by appropriate board panel for good cause, but in no event shall such
postponement, if requested by the hearing officer, exceed 120 days.

���� b.��� Prior to the revocation
hearing, the parolee shall be
[
given
]

provided
with
written notice of:

���� (1)�� The time, date
,

and place of the parole revocation hearing;

���� (2)�� The right pursuant to
P.L.1974, c.33 (C.2A:158A-5.1 et seq.), to representation by an attorney or
such other qualified person as the parolee
[
chooses
]

may retain
;

���� (3)�� The right to confront
and cross-examine witnesses, and to rebut adverse documentary evidence;
[
and
]

���� (4)�� The right to testify, to
present evidence
,
and to subpoena witnesses on the parolee's own behalf,
provided a prima facie showing is made that the prospective witnesses will
provide material testimony
;

����
(5) The conditions of
parole alleged to have been violated;

����
(6) The time, date, place
and circumstances of an alleged violation;

����
(7) The possible action
which may be taken by the board after a revocation hearing; and

����
(8) The right to be
presented with the following, no later than 48-hours before the revocation
hearing:

����
(a) any available incident
reports, and affidavits of probable cause concerning an alleged violation;

����
(b) all statements or
reports relating to the affidavits of probable cause;

����
(c) all statements or
reports relating to additional evidence the Division of Parole intends to rely
on to establish at the revocation hearing that a violation occurred; and

����
(d) all exculpatory
evidence
.

���� c.���� The hearing officer
shall maintain a full and complete record of the parole revocation hearing.

���� d.��� After consideration of
all evidence presented,
the appropriate board panel shall determine
if
there is clear and convincing evidence that a parolee has violated the
conditions of his parole, such violation being a basis for return to custody
pursuant to subsection b. or c. of section 16 of P.L.1979, c.441
(C.30:4-123.60)
[
,
and if
]

.

����
(1) If the board panel
determines that the parolee committed a violation and that
revocation and
return to custody is desirable in the instant matter, the appropriate board
panel may revoke parole and return such parolee to custody, for a specified
length of time, or in accordance with the provisions of sections 16 and 17 of
P.L.1979, c.441 (C.30:4-123.60 and 30:4-123.61)
[
, or the appropriate board panel
may
]

.

����
(2) If the board panel
determines that no violation was committed by the parolee for which revocation
and return to custody is desirable, the board panel may:

����
(a)
issue an order
modifying parole and releasing the offender
[
or
]

;

����
(b) issue an order

continuing parole
, with or without additional conditions,
and releasing
the offender
if the offender was not previously released; or

����
(c) as an alternative to
reincarceration, issue an order directing the parolee to receive re-entry
services in the community
.�

���� e.���� Not more than 21 days
following the hearing conducted pursuant to this section, the parolee and his
representative shall be informed in writing of the decision, the particular
reasons therefor, and the facts relied on.�
This decision shall be
considered a final agency action.

(cf: P.L.2019, c.363, s.15)

���� 9.��� Section 20 of P.L.1979,
c.441 (C.30:4-123.64) is amended to read as follows:

���� 20.� a.� The board shall
develop a schedule of
[
future
parole eligibility dates
]

incarceration terms
for parole violators whose parole has been revoked
pursuant to section 19 of this act.� In developing such schedule particular
emphasis shall be placed on the severity and circumstances of a parole
violation and on the characteristics� of the parole violator.�

����
[
The board shall establish special
provisions for� release of the parole violator to begin serving any new
sentence, which� emphasize the length of time remaining to be served on the
prior sentence and� the length of any new sentence.
]

The board shall establish
special provisions for release of the parole violator to begin serving any new
sentence, which emphasize the length of time remaining to be served on the
prior sentence and� the length of any new sentence.

���� b.� No
[
future parole
eligibility date
]

incarceration term
for a parole violator returned to custody for reasons
other than new criminal charges shall be set more than
[
1 full year
]

364 days

from the date of the parolee's return to custody.

���� c.� Any parole violator
ordered confined for commission of a crime while on parole shall serve at least

[
6
months
]

90 days
or that portion of the custodial term remaining, whichever is
less, before parole release.

���� d.�
[
Any period of confinement for
parole violation shall be deemed to be a parole eligibility term for purposes
of aggregation pursuant to subsection h. of section 7.
]
�
(Deleted
by amendment, P.L.���� , c.��� ) (pending before the Legislature as this bill)

����
e.���� In establishing an
incarceration term, the board shall consider the following factors:

����
(1) the nature of any
current parole violations;

����
(2) the period of
compliance with the terms of parole prior to such violations;

����
(3) the number and nature
of any prior violation of parole terms, including any terms of parole for prior
convictions, if any;

����
(4) the availability and
appropriateness of any applicable treatment program or service;

����
(5) the nexus between the
parole violation and the underlying offense;

����
(6) the exhaustion of
non-custodial sanctions to encourage compliance; and

����
(7) the parolee�s risk
level, based on an evidence-based risk-needs assessment, where available.

����
The parolee�s underlying
conviction or prior criminal history shall not serve as the sole determinative
factor when determining the period of reincarceration for a sustained violation
of a condition of parole.

����
f. The specific period of
incarceration required to be served pursuant to this subsection 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
.

����
g
. 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 section shall not be aggregated with a term of
imprisonment imposed on the parolee for the commission of any other offense.

(cf: P.L.1979, c.441, s.20)

���� 10.� Section 22 of P.L.1979,
c.441 (C.30:4-123.66) is amended to read as follows:

���� 22.� Except as otherwise
provided in subsection c. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), the
appropriate board panel may give any parolee a complete discharge from parole
prior to the expiration of the full maximum term for which
[
he
]

the
parolee
was sentenced or as authorized by the disposition, provided that
such parolee has made a satisfactory adjustment while on parole, provided that
continued supervision is not required, and provided the parolee has made full
payment of any fine or restitution
, has made diligent attempts to satisfy
his or her financial obligations, or has established by a preponderance of the
evidence that full payment is not feasible
.

(cf: P.L.2003, c.267, s.3)

���� 11.� Section 34 of P.L.1981,
c.290 (C.2C:29-9) is amended to read as follows:

���� 2C:29-9.���� Contempt. a. (1)
Except as provided in paragraph (2) of this subsection, a� person is guilty of
a crime of the fourth degree if the person purposely or knowingly disobeys a
judicial order or protective order, pursuant to section 1 of P.L.1985, c.250
(C.2C:28-5.1), or hinders, obstructs, or impedes the effectuation of a judicial
order or the exercise of jurisdiction over any person, thing, or controversy by
a court, administrative body, or investigative entity, or purposely or
knowingly violates a condition to avoid all contact with an alleged victim or a
condition of home detention with or without the use of an approved electronic
monitoring device, ordered pursuant to subparagraph (b) of paragraph (1) or
subparagraph (k) of paragraph (2) of subsection b. of section 3 of P.L. 2014,
c.31 (C.2A:162-17),
or knowingly violates a condition of parole that
prohibits the parolee from having contact with a victim,
when the conduct
which constitutes the violation could also constitute a crime or a disorderly
persons offense.

���� (2) In all other cases a
person is guilty of a disorderly persons offense if that person purposely or
knowingly violates a condition to avoid contact with an alleged victim or a
condition of home detention with or without the use of an approved electronic
monitoring device
, or knowingly violates a condition of parole that
prohibits the parolee from having contact with a victim
.

���� b. (1) Except as provided in
paragraph (2) of this subsection, a person is guilty of a crime of the fourth
degree if that person purposely or knowingly violates any provision in an order
entered under the provisions of the "Prevention of Domestic Violence Act
of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under
the provisions of a substantially similar statute under the laws of another
state or the United States when the conduct which constitutes the violation
could also constitute a crime or a disorderly persons offense.

���� Orders entered pursuant to
paragraphs (3), (4), (5), (8), and (9) of subsection b. of section 13 of
P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the
laws of another state or the United States shall be excluded from the provisions
of this paragraph.

���� (2) In all other cases a
person is guilty of a disorderly persons offense if that person purposely or
knowingly violates an order entered under the provisions of the
"Prevention of Domestic Violence Act of 1991," P.L.1991, c.261
(C.2C:25-17 et al.) or an order entered under the provisions of a substantially
similar statute under the laws of another state or the United States.

���� Orders entered pursuant to
paragraphs (3), (4), (5), (8), and (9) of subsection b. of section 13 of
P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the
laws of another state or the United States shall be excluded from the provisions
of this paragraph.

���� c.���� A person is guilty of a
crime of the third degree if that person purposely or knowingly violates any
provision in an order entered under the provisions of section 3 of P.L.1996,
c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order
entered under the provisions of a substantially similar statute under the laws
of another state or the United States when the conduct which constitutes the
violation could also constitute a crime or a disorderly persons offense.

���� d. (1) Except as provided in
paragraph (2) of this subsection, a person is guilty of a crime of the fourth
degree if that person purposely or knowingly violates any provision in an order
entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order
entered under the provisions of a substantially similar statute under the laws
of another state or the United States when the conduct which constitutes the
violation could also constitute a crime or a disorderly persons offense.

���� (2) In all other cases a
person is guilty of a disorderly persons offense if that person purposely or
knowingly violates an order entered under the provisions of P.L.2015, c.147
(C.2C:14-13 et al.) or an order entered under the provisions of a substantially
similar statute under the laws of another state or the United States.

���� e.���� A person is guilty of a
crime of the fourth degree if the person purposely or knowingly violates any
provision of an order entered under the provisions of the "Extreme Risk
Protective Order Act of 2018," P.L.2018, c.35 (C.2C:58-20 et al.) or an
order entered under the provisions of a substantially similar statute under the
laws of another state or the United States.

���� As used in this section,
"state" means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United States. The term includes
an Indian tribe or band, or Alaskan native village, which is recognized by a
federal law or formally acknowledged by a state.

(cf: P.L.2023, c.46, s.1)

���� 12. (New section) The
Commissioner of Corrections shall submit a report to the Governor, and the
Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one
year of the effective date of P.L.��� , c.�� (C.����� ) (pending before the
Legislature as this bill) detailing how the anticipated reduction in the
incarcerated population due to implementation of P.L.��� , c.�� (C.����� )
(pending before the Legislature as this bill) will result in cost savings to
the State.� The report shall include, but not be limited to:

���� a. the anticipated cost
savings to the State;

���� b. the anticipated costs that
will be realized by the department due to the potential reduction in the
incarcerated population during the 30-year period following the effective date
of P.L.��� , c.�� (C. ) (pending before the
Legislature as this bill);

���� c. a detailed plan specifying
how the department will reorganize the utilization of space in State
correctional facilities to account for the anticipated reduction in the
incarcerated population,
including the actions that
will be taken to reorganize space, and the prioritization and timeframe for
implementing the
m; and

���� d. if the department deems it
appropriate to close one or more correctional facilities,
the prioritization of facility closures, and the timeframe
s
and details associated with each closure.

���� 13.� Section 7 of P.L.1982,
c.112 (C.30:4-123.76) is repealed.

���� 14.� This act shall take
effect on the first day of the seventh month next following the date of
enactment.

STATEMENT

���� This bill revises the
requirements and procedures related to parole release and violations of parole.

Standard
for Parole Eligibility

���� Under current law, an adult
incarcerated person who is not eligible for administrative parole release is to
be released on parole at the time of primary parole eligibility, unless
information supplied in the hearing report indicates by a preponderance of the
evidence that the person has failed to cooperate in their own rehabilitation or
that there is a reasonable expectation the incarcerated person will violate the
conditions of parole. This bill revises the standard to provide that an
incarcerated person shall be released unless the evidence indicates, by a
preponderance of the evidence, that the person has failed to cooperate in his
or her own rehabilitation or that there is a substantial likelihood that the
person will commit a crime under the laws of this State if released on parole
at that time. The bill also eliminates parole requirements for incarcerated
juveniles.

���� The bill limits the use of
parole revocation and reincarceration by changing the standards for making
those determinations. To clarify these processes, the bill defines �probable
cause hearing,� and �revocation hearing.� The bill outlines the hearing
process, the standards applied at each hearing, the sanctions and other
consequences that may be imposed when a violation is sustained, and the
consequences for a parolee�s failure to appear at a hearing. The bill provides
that a person who is denied parole is to be released on the new parole
eligibility date unless the parole board determines, by a preponderance of the
evidence, that there is a substantial likelihood that the incarcerated person
will commit a crime if released on parole.

Award
of Compliance Credits

���� Currently, a parole term may
be reduced by parole compliance credits, at a rate of one day for every six
days of parole supervision completed.� Parole compliance credits may not be
awarded to an incarcerated person who is serving a term of supervision under
the State�s No Early Release Act (NERA), or a term of parole supervision for
life. This bill provides for the award of compliance credits at a rate of one
day for every two days of parole supervision completed.

���� The bill also permits
retroactive compliance credits to be awarded to an eligible parolee for the
12-month period preceding the bill�s effective date. All retroactive credits
must be awarded within 12 months following the bill�s effective date, and may
not exceed six months. Retroactive parole compliance credits may not be awarded
to a person serving: (1) a term of reincarceration for a parole violation
committed prior to the effective date of the bill; (2) a term of parole
supervision under NERA; or (3) a term of parole supervision for life.

Revocation
of Parole for Violations

���� The bill modifies the
procedures for revocation of parole and reincarceration. The bill also expands
the list of violations that do not lead to parole revocation. Specifically, the
bill provides that revocation is not to be based solely on a parolee�s: (1) use
of any drug or alcohol; (2) failure to pay any fine or other assessment; or (3)
failure to refrain from operating a motor vehicle without a valid driver�s
license, provided that revocation may be based solely on the parolee�s
operation of a vehicle without a valid license if the court, at the time of
conviction, prohibited the parolee from doing so.

���� If a hearing officer finds, by
clear and convincing evidence, that a parolee has committed a parole violation
and that revocation and return to custody are desirable, the board panel may
revoke parole and return the parolee to custody for a specified length of time.
If the board panel determines that no violation was committed for which
revocation and return to custody is desirable, it may: direct that parole
supervision be continued, with or without the imposition of additional
conditions; direct the parolee to receive re-entry services as an alternative
to reincarceration; or direct the rescission of certain compliance credits.

Issuance
of Report by Department of Corrections

���� The bill also requires the
Commissioner of Corrections to submit a report to the Governor and the
Legislature within one year of the bill�s effective date, detailing how the
anticipated reduction in the incarcerated population resulting from the bill
will reduce costs to the State. The report is required to include, but not be
limited to: (1) the anticipated cost savings to the department as a result of
the bill; (2) the anticipated savings during the 30-year period following
implementation of the bill as a result of the anticipated reduction in
population; (3) a detailed plan specifying how the department will reorganize
the use of space in State correctional facilities to account for the
anticipated reduction in the prison population, including the steps to be taken
to reorganize space, and the prioritization and timeframe for implementing
these steps; and (4) if the department deems it appropriate to close one or
more correctional facilities, the prioritization of facility closures, and the
timeframes and details for each closure.

Repeal
of Law Concerning Violations by Certain Parolees

���� Finally, this bill repeals
section 7 of P.L.1982, c.112 concerning the revocation of parole and violation
of conditions of parole. Pursuant to this repealed section, if an incarcerated
person is released under certain conditions, such as due to overcrowding of
correctional facilities during a state of emergency, but violates the
conditions of parole while released, the person is to serve a term of custody
up to twice the period of time that parole was accelerated during the state of
emergency.