This bill establishes a framework for the rehabilitative release of certain incarcerated individuals in New Jersey. It mandates that the Commissioner of the Department of Corrections issue a Certificate of Eligibility for Rehabilitative Release to individuals who have served a minimum of 20 years in custody and are at least 60 years old, or, for those convicted of murder, who have served at least 30 years and are at least 62 years old. The bill outlines the process for petitioning the court for release, including the requirement for the Office of the Public Defender to represent eligible individuals unless they choose to retain private counsel. Additionally, the Department of Corrections must notify the State Parole Board 60 days prior to issuing a certificate and prepare a report for the court's consideration during the hearing.
The bill also stipulates that hearings for rehabilitative release petitions will occur in the Superior Court of the county where the individual was originally sentenced. It emphasizes the rights of victims and their families, ensuring they are notified of the proceedings and have the opportunity to provide statements or testify. The court may modify, reduce, or suspend a sentence if it finds that the individual poses no danger to the community, shows readiness for reentry, and that justice warrants such a modification. Furthermore, any individual granted a modified sentence will be subject to a five-year term of parole supervision, and the court's order will not be final for 10 days to allow for potential appeals by the prosecution.
Statutes affected: Introduced: 30:4-123.54