Bill > S5000

Introduced Session

This bill revises the requirements and procedures related to parole. Standard for parole Eligibility 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 evidence that the person has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the incarcerated person will violate the conditions of parole imposed. This bill revises the standard to whether 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 if released on parole at that time. The bill also removes any such parole requirements for juvenile incarcerated persons. The bill limits the use of parole revocation and reincarceration by changing the standards applied. To clarify those processes, the bill defines "preliminary or probable cause hearing," "revocation hearing," and "technical parole violation." The bill outlines the hearing process, the standards to be imposed at each hearing, and the sanctions and other consequences that may be imposed when a violation is sustained, as well as 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. Award of Compliance Credits Currently, a parole term may be reduced by parole compliance credits, at a rate of one day for every six days of parole supervision that the person has completed. Under current law, parole compliance credits may not be awarded to an incarcerated person who is serving a term of supervision under the State's No Early Release Act (NERA), or a term of parole supervision for life. This bill provides for the award of compliance credits at a rate of one day for every two days of parole supervision that the person has completed. Under the bill, individuals serving a term under NERA may earn compliance credits at a rate of one day for every six days that the person was in compliance with the conditions of parole. Under the bill, compliance credits may not be earned and are to be withheld: during a period of reincarceration for a sustained parole violation, during the period a parolee has absconded, or pending the outcome of a revocation hearing. The bill also allows retroactive compliance credits to be awarded to an eligible parolee for the 12-month period preceding the effective date of the bill. All retroactive credits must be awarded during the 12 months following the effective date. Any retroactive credits awarded may not exceed six months. Revocation of Parole for Violations The bill modifies the procedures for revocation of parole and re-incarceration. Multiple violations arising from a single course of conduct or a single incident are not to be considered separate violations for the purposes of re-incarceration under the bill. The bill also expands the list of violations which may not lead to parole revocation. Specifically, the bill provides that revocation may not solely be based on a parolee's: use of any drug or alcohol; failure to pay any fine or other assessment; failure to refrain from operating a motor vehicle without a valid driver's license; or failure to waive extradition to the State of New Jersey from the jurisdiction in which the parolee is apprehended and detained for a violation of parole. If a hearing officer finds, by clear and convincing evidence, that a parolee has committed a parole violation, the hearing officer may: direct that parole supervision be continued, with or without the imposition of additional conditions; direct the parolee to receive re-entry services as an alternative to reincarceration,; direct the rescission of certain compliance credits; or impose reincarceration in accordance with the provisions of the bill. Finally, this bill repeals section 7 of P.L.1982, c.112 concerning revocation of parole and the violation of conditions of parole. Pursuant to this repealed section, if an incarcerated person is released under certain conditions such as overcrowding of correctional facilities during a state of emergency, but violates the conditions of parole while released, the person must serve in custody a term equal to, or twice the period by which parole was accelerated during the state of emergency.

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Benjie Wimberly (D)*,  Andrew Zwicker (D)*,  Angela Mcknight (D),  Raj Mukherji (D),  Britnee Timberlake (D), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 12/15/2025)

Official Document