Read the full stored bill text
A4551
ASSEMBLY, No. 4551
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 10, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblyman Webber
SYNOPSIS
���� Requires revocation of parole for assaulting or
threatening law enforcement officers.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning revocation of parole and amending
P.L.1979,
c.441.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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
17 of P.L.1979, c.441 (C.30:4-123.61) providing for one or more of the
following:
���� (1)�� that he be required to
conform to one or more additional conditions of parole;
���� (2)�� that he forfeit all or a
part of commutation time credits granted pursuant to R.S.30:4-140.�
���� 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
]
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 of the State
Parole Board's Division of Parole or
[
his
]
the
director�s
designee, the chairman of the board or
[
his
]
the
chairman�s
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 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
]
the
parolee
testifies at the revocation proceedings,
[
his
]
the parolee�s
testimony
and the evidence derived therefrom shall not be used against
[
him
]
the
parolee
in a subsequent criminal prosecution.
���� (2)�� An action to revoke
parole 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.
���� 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.
����
d.��� Notwithstanding the
provisions of subsection b. of this section, upon notice by the appropriate law
enforcement agency or prosecuting authority, the chairman of the board or the
chairman�s designee shall detain a parolee and commence revocation proceedings on
the basis of an arrest or indictment for assaulting a law enforcement officer
in violation of N.J.S.2C:12-1 or a report that the parolee threatened to kill
or cause physical harm to a law enforcement officer, or a member of the law
enforcement officer�s family with the purpose to put that law enforcement
officer in imminent fear of death or physical harm under circumstances that
cause the law enforcement officer to believe the immediacy of the threat and
the likelihood that it will be carried out.�
����
The provisions of this
subsection shall apply to a parolee who assaults or threatens a retired law
enforcement officer because of the retired officer�s former status as an active
duty law enforcement officer.�
����
For the purposes of this
subsection, �member of the law enforcement officer�s family� means the
threatened officer�s spouse; parent; child, whether related by blood, marriage,
adoption, or other legal custody; or other relative who resides with the
threatened law enforcement officer.
(cf: P.L.2021, c.19, s.14)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires the
Chairman of the Parole Board to detain a parolee and commence revocation
proceedings when an offender is arrested or indicted for assaulting a law
enforcement officer or when a parolee threatens to kill or cause physical harm
to a law enforcement officer, or a member of the law enforcement officer�s
family.
���� Under current law, the parole
board is notified immediately upon the arrest or indictment of a parolee or
upon the filing of charges that the parolee committed a criminal act.� The
board is prohibited from revoking parole on the basis of new charges which have
not resulted in a disposition at the trial level.� However, upon application by
the prosecuting authority, the Juvenile Justice Commission or the Director of
the State Parole Board's Division of Parole, the chairman of the parole board
or the chairman�s designee may at any time detain the parolee and commence
revocation proceedings when the chairman 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.
���� This bill requires a parolee
to be detained and parole revocation proceedings to commence on the basis of an
arrest or indictment of a parolee who assaulted a law enforcement officer or a
report that the parolee threatened to kill or cause physical harm to a law
enforcement officer, or a member of the law enforcement officer�s family.� In
order to have parole revoked, the bill requires the threat to be made with the
purpose to put the law enforcement officer in imminent fear of death or
physical harm under circumstances that cause the law enforcement officer to
believe the immediacy of the threat and the likelihood that it will be carried
out. �The bill also would apply to a parolee who assaults or threatens a
retired law enforcement officer on the basis of the retired officer�s former
status as an active duty law enforcement officer.