Bill > S2338

Introduced Session

This bill provides for the rehabilitative release of certain incarcerated persons. Under the bill, the Department of Corrections (DOC) is required to issue a Certificate of Eligibility for Rehabilitative Release (certificate) to any incarcerated person who: (1) is at least 60 years of age, and has served at least 20 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; or (2) if convicted of murder, is at least 62 years of age and has served at least 30 years in custody. An incarcerated person who has been issued a certificate, and has not previously sought relief under the bill, may petition the court for rehabilitative release. The Office of the Public Defender is required to represent the incarcerated person, unless the incarcerated person retains other counsel. At least 60 days prior to the date of issuance of a certificate, the DOC is required to notify the State Parole Board of its intent to issue the certificate. The superintendent or other chief executive officer of the institution in which the incarcerated person is held is required to prepare a report for any incarcerated person issued a certificate under the bill for consideration by the court at a hearing for rehabilitative release. In accordance with the provisions of the bill, a hearing on a petition for rehabilitative release is to be held in the Superior Court in the county in which the incarcerated person was originally sentenced and in accordance with the Rules of Court. In addition to other service requirements under the bill, the county prosecutor or the director, as appropriate, is required to provide a copy of the petition for rehabilitative release to any victim or family member of a victim entitled to notice relating to a parole or the consideration of a parole under current law. The victim or family member also is to be notified of their opportunity to supplement the report to be issued under the bill with a statement attached to the report, a written or videotaped statement at the hearing on the petition, or to testify to the court at the time of the hearing. Upon consideration of a petition and following a hearing, the Superior Court may modify, reduce, or suspend an incarcerated person's sentence if the court finds by clear and convincing evidence that: · the incarcerated person is not a danger to the safety of any person or the community; · the incarcerated person demonstrates a readiness for reentry, which shall be demonstrated by, among other things, significant efforts to participate in educational, therapeutic, or vocational opportunities while incarcerated; and · the interests of justice warrant a sentence modification. The court is required to issue a written order stating the reasons for granting or denying modification. In determining whether the foregoing standards are met, the court is required to consider a list of factors enumerated in the bill. An incarcerated person who receives a modified sentence under the bill also is to be sentenced to a five-year term of parole supervision. An order for rehabilitative release under the bill is not to become final for 10 days in order to permit the prosecution an opportunity to appeal the court's order. A petitioner may also appeal a denied petition.

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Angela Mcknight (D)*,  Raj Mukherji (D)*,  Andrew Zwicker (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/29/2024)

Official Document