Bill > A4565

Introduced Session

This bill expands notice to parolees and access to certain confidential records, and requires a parole board representative to be present at parole hearings upon the request of an incarcerated person. Under current law, a preparole report is required to be prepared prior to considering an incarcerated person for parole release. A copy of this report is to provided to the incarcerated person, but any documents marked confidential by the correctional facility or the parole board are removed from the copy of the report provided to the incarcerated person. This bill codifies the holding in Thompson v. N.J. State Parole Board, 210 N.J. Super. 107 (App. Div. 1986) to establish procedures for an incarcerated person to have expanded access to confidential documents under certain circumstances. If a document in a parole file is deemed confidential and administratively removed from the incarcerated person's copy of the file, the bill requires a notation in the file that the document was identified as confidential and removed from the file. The reason for removal also is required to be noted in the report and the board's file. The board is required to disclose in the written notice of parole denial if any confidential materials not disclosed to the incarcerated person or the incarcerated person's representative played a substantial role in the decision to deny parole, and is required to identify which of the confidential documents played such a role. The bill further provides that in an appeal to the Appellate Division of the Superior Court of a denial of parole release pursuant to the Rules of Court, prior to ruling on the appeal, the court is required to conduct an in camera review of any materials deemed confidential and not disclosed to an incarcerated person or the incarcerated person's representative if it is disclosed in the written notice of parole denial that the confidential materials played a substantial role in the decision to deny parole. This review is to be conducted by the court in order to determine if the nondisclosure of any materials was improper. If the court finds that the nondisclosure of confidential documentation was improper, the court may: remand the case for reconsideration without the withheld materials; remand the case for reconsideration following disclosure to the incarcerated person of withheld materials, provided the court may impose any restrictions it deems appropriate on the disclosure of the materials; exercise the court's original jurisdiction; or order any other relief the court deems necessary and appropriate. In addition, the provisions of the bill expand notice requirements for incarcerated persons facing a parole hearing. Under the bill, in notifying an incarcerated person of a parole hearing, the parole board also is required to notify the Office of the Public Defender or the incarcerated person's private attorney, as appropriate. This bill implements the Legislative recommendations set forth in the Revised Report of the Office of the Public Defender Parole Project, issued on February 2, 2024.

AI Summary

Committee Categories

Reginald Atkins (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 06/13/2024)

Official Document