Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Provides for rehabilitative release for certain incarcerated persons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning rehabilitative release for certain incarcerated persons, amending P.L.1979, c.441, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Except as provided in subsection b. of this section, the Commissioner of the Department of Corrections shall issue a Certificate of Eligibility for Rehabilitative Release to any incarcerated person who:
(1) has served at least 20 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; and
(2) has attained the age of 60.
b. For an incarcerated person convicted of murder pursuant to N.J.S.2C:11-3, the commissioner shall issue a Certificate of Eligibility for Rehabilitative Release if the incarcerated person:
(1) has served at least 30 years in custody on the sentence imposed for the offense or offenses of which the incarcerated person was convicted; and
(2) has attained the age of 62.
c. At least 60 days prior to the anticipated date of issuance of a Certificate of Eligibility for Rehabilitative Release, the department shall notify the State Parole Board of its intent to issue the certificate and to initiate the report required pursuant to subsection e. of this section.
d. Notwithstanding any provision of law to the contrary, an incarcerated person who receives a Certificate of Eligibility for Rehabilitative Release and who has not been resentenced or previously sought relief under this section may petition the court for resentencing pursuant to the provisions of this section.
e. A report concerning any incarcerated person issued a Certificate of Eligibility pursuant to this section shall be prepared by staff members designated by the superintendent or other chief executive officer of the institution in which the incarcerated person is held in accordance with the provisions of section 10 of P.L.1979, c.441 (C.30:4-123.54), for consideration by the court in hearing a petition for rehabilitative release pursuant to this section.
f. Following the issuance of a Certificate of Eligibility for Rehabilitative Release, the Office of the Public Defender shall represent the incarcerated person for the purpose of filing a petition for rehabilitative release, unless the incarcerated person retains other counsel.
g. A hearing on a petition for rehabilitative release shall be held in the Superior Court in the county where the incarcerated person was originally sentenced for the crime or crimes for which rehabilitative release is being sought and in accordance with the Rules of Court. The incarcerated person shall have the right to be present at the hearing or may waive such right. A copy of the petition shall be served in accordance with the Rules of Court on the county prosecutor who prosecuted the matter or, if the matter was prosecuted by the Division of Criminal Justice, the director of the division.
h. The county prosecutor or the director, as appropriate, shall have 90 days to file a response to the petition. The court may grant an extension of time for good cause.
i. The county prosecutor or the director, as appropriate, shall provide as soon as practicable a copy of the petition to any victim or family member of a victim entitled to notice relating to a parole or the consideration of a parole under the provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.) or the Crime Victims Bill of Rights, P.L.1985, c.249 (C.52:4B-34 et seq.) and shall notify any such victim or family member of the opportunity to: supplement the report issued pursuant to subsection e. of this section with a written statement; present a written or videotaped statement at the hearing on the petition; or testify to the court at the time of the hearing concerning the harm to the victim or family member that resulted from the crime. Victim statements or notices of intention to provide a statement or testify at the hearing shall be submitted to the court through the prosecutor or director, as appropriate, within 60 days of notification.
j. (1) Notwithstanding any provision of law to the contrary, the Superior Court may, upon consideration of a petition and following a hearing, modify, reduce, or suspend a sentence, including any minimum or mandatory sentence or a portion of the sentence, if, after considering the factors set forth in subsection k. of this section, the court finds by clear and convincing evidence that:
(a) the incarcerated person is not a danger to the safety of any person or the community;
(b) 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
(c) the interests of justice warrant a sentence modification.
(2) The court shall issue a written order stating the reasons for granting or denying modification.
k. In determining whether the standards set forth in paragraph (1) of subsection j. of this section are met, the court shall consider the following factors:
(1) the incarcerated persons age at the time of the offense;
(2) the incarcerated persons age at the time of the petition;
(3) the history and characteristics of the incarcerated person at the time of the petition, including (a) rehabilitation demonstrated by the incarcerated person and (b) disciplinary record while incarcerated;