Bill > A5756

Introduced Session

This bill prohibits forfeiture of an inmate's commutation credits for minor disciplinary infractions and expands an inmate's ability to restore certain forfeited credits. Under current law, an inmate is entitled to receive commutation credits for remission from the inmate's sentence for continuous orderly deportment. However, credits are not to reduce any judicial or statutory mandatory minimum term imposed. In the case of any flagrant misconduct, the board of managers of the correctional facility may declare a forfeiture of the time previously remitted, either in whole or in part, at the board's discretion. The bill prohibits the forfeiture of commutation credits for less serious, Category E level, disciplinary infractions, as set forth in the New Jersey Administrative Code. Several examples of Category E level infractions are: loaning of property or anything of value; mutilating or altering clothing issued by the government; violating a condition of any Residential Community Release Program; unexcused absence from work or any assignment; being late for work; malingering, feigning an illness; failing to perform work as instructed by a staff member; using abusive or obscene language to a staff member; failure to follow safety or sanitation regulations; unauthorized use of equipment or machinery; unauthorized use of mail or telephone; correspondence or conduct with a visitor in violation of regulations; and failure to keep a scheduled appointment with medical, dental, or other professional staff. Certain commutation credits may be restored under current law, in accordance with relevant provisions of the New Jersey Administrative Code. Commutation credits forfeited for a civil action or proceeding filed by an inmate that is determined to be frivolous, or for failure to participate in sex offender treatment are not eligible for restoration. Up to 75 percent of credits forfeited for disciplinary charges may be restored over the three year period following the incident which resulted in the loss of commutation credits, provided the three years run consecutively from the date of the incident. Credits are to be restored at the rate of 25 percent for each year the inmate is in custody and is free of any serious disciplinary charges that have been substantiated. This bill codifies the procedures for restoration of forfeited credits. Under the bill, up to 100 percent of the commutation credits forfeited for a disciplinary charge may be restored over the two year period following the incident which resulted in the loss of commutation credits, provided the two years run consecutively from the date of the incident. Credits are to be restored at the rate of 50 percent for each year the inmate is in custody and is free of any serious disciplinary charges that have been substantiated.

Committee Categories

Yvonne Lopez (D)*,  Angela Mcknight (D)*,  Carol Murphy (D)*,  Shanique Speight (D)*,  Britnee Timberlake (D),  Valerie Vainieri Huttle (D),  Anthony Verrelli (D), 

Received in the Senate, Referred to Senate Law and Public Safety Committee (on 06/21/2021)