Modifies procedures for parole release, early discharge from parole, and penalties for certain parole violations.

A5311

ASSEMBLY, No. 5311

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 23, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Modifies procedures for parole release, early
discharge from parole, and penalties for certain parole violations.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning procedures for parole release, parole
revocation, and early discharge from 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 9 of P.L.1979,
c.441 (C.30:4-123.53) is amended to read as follows:

���� 9. �a. �An adult
[
inmate
]

incarcerated
person
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
]

incarcerated
person
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)

���� 2.��� 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.
]

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

���� 3.��� 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 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 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 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) or (2)

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 stability; 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 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 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 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
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 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 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 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)

���� 4.��� 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 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 issue an order
:

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

;

����
(b)
�continuing parole
,
with or without additional conditions,
and releasing the offender
; or

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

���� 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)

���� 5.��� 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 for parole violators
whose parole has been revoked pursuant to section 19 of this act
when such
revocation includes new criminal charges or convictions
.� 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.

���� b.�
[
No future parole eligibility date
for a parole violator returned to custody for reasons other than new criminal
charges shall be set more than 1 full year from the date of the parolee's
return to custody
]
�

The board shall establish a schedule of incarceration terms for parole
violators returned to custody for reasons other than new criminal charges or
convictions. No such violator shall be incarcerated for more than 364 days.

����
Nothing in the provisions
of this subsection shall be construed to limit the board�s ability to revoke
parole due to a pending criminal charge, upon application by the prosecuting
authority as authorized pursuant to subsection b. of section 16 of P.L.1979,
c.441 (C.30:4-123.60)
.

���� c.� Any parole violator
ordered confined for commission of a crime while on� parole shall serve at
least 6 months 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
of P.L.1979,
c.441 (C.30:4-123.51)
.

����
e. In establishing a parole
eligibility date or term of incarceration, 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 parole eligibility 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.

����
h. If the parole
eligibility date or period of incarceration is less than one year from the date
of the parolee�s return to custody, the parolee may serve the term of
incarceration in a county jail.

����
i. If the parolee is
returned to custody and the board panel determines that the parolee would benefit
from substance use disorder treatment programming, reasonable efforts shall be
made for the parolee to serve the period of incarceration in a State prison or
county jail with a licensed substance use disorder treatment program.

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

���� 6.���
Section
22 of P.L.1979, c.441 (C.30:4-123.66) is amended to read as follows:

���� 22.�
As used in this section:

����
�Victim� shall have the
same meaning as provided in section 4 of P.L.1985, c.249 (C.52:4B-37).

����
�Young adult offender�
means a person who is over the age of 18, and under the age of 26.

����
a.
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 such fines or restitution, or has established by a

preponderance of the evidence that full payment of such
fines or restitution is not feasible.�

����
b.���
Upon the request of the supervising parole officer, the
board panel may discharge a parolee without a hearing if the board panel
determines that the discharge is warranted, based on the parolee�s conduct.

The discharge of a parolee pursuant to this subsection shall serve as a tool to
encourage and reward successful behavior and positive adjustment by rewarding a
parolee who demonstrates behavior which includes, but is not limited to, maintaining
employment, completing educational development programs or vocational training,
securing housing, or completing a treatment program.

����
Unless prohibited by an
order of the court or otherwise prohibited by law, the supervising parole officer
shall submit a request to the appropriate board panel for discharge of the
parolee upon expiration of the period specified in subsection c. of this
section, if the officer determines that the parolee:

����
(1) �is in compliance with
all conditions of parole supervision;

����
(2) �has demonstrated
positive adjustment through adherence to the parolee�s individual parole plan;

����
(3) �is not serving a term
of parole supervision pursuant to subsection c. of section 2 of P.L.1997, c.117
(C.2C:43-7.2) or subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); and

����
(4) �does not pose a risk
to public safety.

����
c. A parole officer shall request
the discharge of a parolee who is in compliance with the conditions set forth
in paragraphs (1) through (4) of subsection b. of this section upon expiration
of the periods set forth in paragraphs (1) through (6) of this subsection:

����
(1) �In the case of an
adult parolee serving a term of parole supervision for absconding from parole
upon release from a county jail, after a period of two years from the date of
the original maximum sentence, provided the parolee has no pending charges or outstanding
arrest warrants;

����
(2) �In the case of a young
adult offender who is serving a term of parole supervision for absconding from
parole, after a period of two years from the date the parolee became an
absconder, provided:

����
(a) �the parolee has no pending
charges or outstanding arrest warrants; and

����
(b) �the original maximum
sentence has expired.

����
(3) �In the case of an adult
parole absconder, after a period of five years from the date the parolee became
an absconder, or after a period of three years from the expiration of the
original maximum sentence, whichever occurs first, provided the parolee has no pending
charges or outstanding arrest warrants;

����
(4)�� In the case of an
adult parolee serving a life sentence, after a period of five years of parole
supervision, provided the parolee has been under advanced supervision status
for the final two years of supervision.

����
(5) �In the case of an adult
parolee serving a sentence, other than a life sentence, for committing or
attempting to commit the crime of: arson other than aggravated arson; the sale
or distribution of a controlled dangerous substance or a controlled dangerous
substance analog; or possession of a controlled dangerous substance or
controlled dangerous substance analog with intent to distribute, after a period
of two years of parole supervision, provided the parolee is under advanced
supervision status during that period.

����
(6)�� In all other cases,
after a period of two years of parole supervision.

����
d. �Pursuant to subsection
b. of this section, there shall be a presumption in favor of discharge pursuant
to this section for a parolee for whom a request is submitted by a supervising
parole officer.

����
e.���� Following an initial
request for discharge of a parolee pursuant to subsection c. of this section,
the supervising parole officer shall annually submit a request for the
discharge of a parolee who is in compliance with the conditions set forth in
paragraphs (1) through (4) of subsection b. of this section.

����
f. The decision to grant or
deny discharge pursuant to this section lies with the State Parole Board,
regardless of the supervising officer's recommendation.

����
g.��� Nothing in this
section shall be construed to limit the board�s ability to modify a defendant's
period of parole supervision, or discharge a parolee pursuant to any other
provision of law.

����
h. �No person sentenced to
a mandatory period of parole supervision shall be considered eligible for
discharge pursuant to this section until the parolee has completed the mandatory
period of supervision.

����
i. �The State Parole Board
shall make reasonable efforts to notify any victim of the crime for which the
parolee is serving a sentence within 10 days of receiving a recommendation of
early discharge from a supervising officer.

����
j.���� A parole officer
that recommends the discharge of a parolee pursuant to this section shall not
be held liable to any person for civil damages, or be subject to criminal
prosecution resulting from any future criminal acts committed by the parolee.

����
k. �Not later than 45 days following
the State Parole Board�s decision, a parolee considered for discharge pursuant
to this section shall be provided with:

����
(1) �a copy of the parole
officer�s request for the discharge of the parolee;

����
(2) �the State Parole
Board�s decision to grant or deny discharge pursuant to this section; and

����
(3) �the reasons for denying
the request.

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

���� 7. This act shall take effect
on the first day of the fourth month next following the date of enactment,
except that the Chair of the State Parole Board may take such anticipatory
administrative action in advance as may be necessary for the implementation of P.L.�
�, c.� �(C.��� �) (pending before the Legislature as this bill).�

STATEMENT

���� This bill modifies procedures
for parole release, early discharge from parole, and penalties for certain
parole violations.

����
Standard
for Parole Eligibility and Revocation

���� 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, in light of the changes to juvenile parole adopted pursuant to
P.L.2019, c.363.

���� The bill limits the use of
parole revocation and reincarceration by changing the standards for making
those determinations. 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.

Early
Discharge from Parole

���� The bill also expands
eligibility for early discharge from parole.

Under current law, a parolee may be
discharged prior to the expiration of the full maximum term for which the
parolee was sentenced if the parolee has made satisfactory adjustment, and made
full payment of any fine or restitution.

���� The bill establishes a process
for the supervising parole officer to request the early discharge of a parolee who:
is in compliance with all conditions of parole supervision; has demonstrated
positive adjustment through adherence to the parolee�s individual parole plan;
is not serving a term of parole supervision pursuant to subsection c. of
N.J.S.A.2C:43-7.2, or subsection b. of N.J.S.A.2C:7-2, and does not pose a risk
to public safety. The supervising officer is required to request the early
discharge of a parolee who meets these criteria. The bill establishes a
schedule for when the request for discharge is to be made, and requires the
Parole Board to make reasonable efforts to notify a victim that a parolee is to
be discharged.

���� Under the bill, unless early
discharge is prohibited by a court order or is otherwise prohibited by law,
early discharge is to be granted to a parolee who is in compliance with the
standards established under the bill.� The bill also creates a presumption that
early discharge is to be granted to a parolee for whom a request is submitted
by the parole officer. However, the bill clarifies that the provisions are not
to be construed to limit the State Parole Board�s authority to modify a defendant�s
period of parole supervision or discharge of a parolee.