Bill > A788

Introduced Session

This bill provides for a reduction in a defendant's suspended sentence, sentence of probation, or parole based on the defendant's compliance with the conditions of the sentence. The bill also requires studies and annual reports on recidivism that are required under current law to include data on the effect these reductions have on recidivism. The bill is modeled on a Missouri law which grants a sentence reduction through "earned compliance credits" to certain probationers and parolees as a reward for compliance with the terms of probation or parole. This law has resulted in an average reduction of a supervisory sentence by 14 months. It is the sponsor's intent to provide similar incentives in New Jersey for compliance with the terms of a suspended sentence or a sentence of probation or parole, and to enable a person to reenter society more quickly. Under current law, an earlier discharge from a period of probation may be granted to a defendant on application of a probation officer, the defendant, or the court's own motion. Under the bill, a defendant's term of suspension or period of probation will be reduced as a result of a defendant's compliance with the conditions of the suspension or probation. The bill provides that the period of suspension or probation will be reduced by 30 days for each full calendar month the defendant is in compliance with the conditions of suspension or probation. Currently, the Administrative Director of the Courts is required to record and analyze data concerning the recidivism of those sentenced to a period of probation, and prepare and transmit an annual report on the effectiveness of the State's rehabilitation initiatives and programs. This bill requires the Administrative Director also to consider how a reduction in the period of suspension or probation under the bill affects recidivism rates. Under current law, a parolee may be granted a complete discharge from parole prior to the expiration of the full maximum term, provided: 1) the parolee has made a satisfactory adjustment while on parole; 2) that continued supervision is not required; and 3) the parolee has made full payment of any fine or restitution required. Under the bill, a parolee who is in compliance with the terms of supervision also would be entitled to have the term of supervision reduced by 30 days for each full calendar month the parolee is in compliance. Under current law, the Commissioner of Corrections, in conjunction with the Juvenile Justice Commission and the State Parole Board, is required to record and analyze recidivism data and issue an annual report regarding the effectiveness of the State's reentry initiatives and programs. The provisions of the bill require the data and report also to include information on parolees who receive an earlier discharge under the bill. The bill provides that a person who has been sentenced to a special sentence of community supervision for life or parole supervision for life; or a parolee who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3), (4), or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraphs (3) or (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these offenses is not eligible to receive a reduction in the period of suspension, probation, or parole under the bill. With regard to a reduced term of suspension or probation under the bill, "compliance" is defined as the absence of a violation of a condition of suspension or probation as set forth in N.J.S.2C:45-1. With regard to an earlier discharge from parole under the bill, "compliance" is defined as the absence of a violation of the conditions of parole as set forth under subsection b. of section 15 of P.L.1979, c.441 (C.30:4-123.59). The appropriate board panel shall review a parolee's compliance and eligibility to receive a reduction under this section at least once every six months.

Committee Categories

Britnee Timberlake (D)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/11/2022)

Official Document