Bill > A4288

Introduced Session

This bill revises the requirements and procedures related to parole release and violations of 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 the evidence that the person has failed to cooperate in their own rehabilitation or that there is a reasonable expectation the incarcerated person will violate the conditions of parole. This bill revises the standard to provide that an incarcerated person shall be released unless the 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 under the laws of this State if released on parole at that time. The bill also eliminates parole requirements for incarcerated juveniles. The bill limits the use of parole revocation and reincarceration by changing the standards for making those determinations. To clarify these processes, the bill defines "probable cause hearing," and "revocation hearing." The bill outlines the hearing process, the standards applied at each hearing, the sanctions and other consequences that may be imposed when a violation is sustained, and 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 completed. 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 completed. The bill also permits retroactive compliance credits to be awarded to an eligible parolee for the 12-month period preceding the bill's effective date. All retroactive credits must be awarded within 12 months following the bill's effective date, and may not exceed six months. Retroactive parole compliance credits may not be awarded to a person serving: (1) a term of reincarceration for a parole violation committed prior to the effective date of the bill; (2) a term of parole supervision under NERA; or (3) a term of parole supervision for life. Revocation of Parole for Violations The bill modifies the procedures for revocation of parole and reincarceration. The bill also expands the list of violations that do not lead to parole revocation. Specifically, the bill provides that revocation is not to be based solely on a parolee's: (1) use of any drug or alcohol; (2) failure to pay any fine or other assessment; or (3) failure to refrain from operating a motor vehicle without a valid driver's license, provided that revocation may be based solely on the parolee's operation of a vehicle without a valid license if the court, at the time of conviction, prohibited the parolee from doing so. If a hearing officer finds, by clear and convincing evidence, that a parolee has committed a parole violation and that revocation and return to custody are desirable, the board panel may revoke parole and return the parolee to custody for a specified length of time. If the board panel determines that no violation was committed for which revocation and return to custody is desirable, it 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; or direct the rescission of certain compliance credits. Issuance of Report by Department of Corrections The bill also requires the Commissioner of Corrections to submit a report to the Governor and the Legislature within one year of the bill's effective date, detailing how the anticipated reduction in the incarcerated population resulting from the bill will reduce costs to the State. The report is required to include, but not be limited to: (1) the anticipated cost savings to the department as a result of the bill; (2) the anticipated savings during the 30-year period following implementation of the bill as a result of the anticipated reduction in population; (3) a detailed plan specifying how the department will reorganize the use of space in State correctional facilities to account for the anticipated reduction in the prison population, including the steps to be taken to reorganize space, and the prioritization and timeframe for implementing these steps; and (4) if the department deems it appropriate to close one or more correctional facilities, the prioritization of facility closures, and the timeframes and details for each closure. Repeal of Law Concerning Violations by Certain Parolees Finally, this bill repeals section 7 of P.L.1982, c.112 concerning the revocation of parole and violation of conditions of parole. Pursuant to this repealed section, if an incarcerated person is released under certain conditions, such as due to overcrowding of correctional facilities during a state of emergency, but violates the conditions of parole while released, the person is to serve a term of custody up to twice the period of time that parole was accelerated during the state of emergency.

AI Summary

Committee Categories

Shanique Speight (D)*, 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 02/19/2026)

Official Document