A 1718

ASSEMBLY, No. 1718
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblymen Spearman, Danielsen, Verrelli, Schnall, Singh,
Assemblywomen Haider and Speight
SYNOPSIS
���� Provides for rehabilitative release for certain
incarcerated persons.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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 Victim�s 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 person�s age at the time of the
offense;
���� (2) the incarcerated person�s 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;
���� (4) any statement by the
victim or victim�s family members;
���� (5) any report from a
physical, mental, or psychiatric examination of the incarcerated person conducted by a licensed
health care professional;
���� (6) the seriousness of the
offense and the incarcerated person�s role;
���� (7) the potential benefits to
the incarcerated person�s children and
family members of reunification with the incarcerated
person;
���� (8) the potential cost savings
to the State;
���� (9) the establishment of a
reentry plan for the incarcerated person
upon release, to include community sponsor, housing, and ability to support
himself;
���� (10) the report prepared
pursuant to subsection e. of this section; and
���� (11) any other information the
court deems relevant.
���� l. Any incarcerated person who receives a sentence
modification pursuant to this section shall also be sentenced to a five-year
term of parole supervision.�
���� m. An order by the court
granting a petition for rehabilitative release shall not become final for 10
days in order to permit the prosecution an opportunity to appeal the court�s
order.� An incarcerated person shall have
the right to appeal a denied petition.
���� 2. Section 10 of P.L.1979,
c.441 (C.30:4-123.54) is amended to read as follows:
���� 10. a. At least 120 days but
not more than 180 days prior to the parole eligibility date of each adult [inmate] incarcerated person , or within 60 days
of notification by the Department of Corrections of its intent to issue a Certificate
of Eligibility for Rehabilitative Release pursuant to section 1 of P.L.���� ,
c.��� (C.������� ) (pending before the Legislature as this bill), as
appropriate, a report concerning the [inmate] incarcerated person shall be filed with
the appropriate board panel, by the staff members designated by the
superintendent or other chief executive officer of the institution in which the
[inmate] incarcerated person is held.
���� b. (1) The report filed
pursuant to subsection a. shall contain preincarceration records of the [inmate] incarcerated person, including any history
of civil commitment, any disposition which arose out of any charges suspended
pursuant to N.J.S.2C:4-6 including records of the disposition of those charges
and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1, state the
conduct of the [inmate] incarcerated person during the current
period of confinement, include a complete report on the [inmate's] incarcerated person�s social and physical
condition, include an investigation by the Division of Parole of the [inmate's] incarcerated person�s parole plans, and
present information bearing upon the likelihood that the [inmate] incarcerated person will commit a crime
under the laws of this State if released on parole.� The report shall also
include a complete psychological evaluation of the [inmate] incarcerated
person in any case in which the [inmate] incarcerated person was convicted of a
first or second degree crime involving violence and:
���� (a)�� the [inmate] incarcerated person has a prior acquittal
by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended
pursuant to N.J.S.2C:4-6; or
���� (b)�� the [inmate] incarcerated person has a prior conviction
for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual
assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1,
endangering the welfare of a child which would constitute a crime of the second
degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of
the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or
���� (c)�� the [inmate] incarcerated person has a prior diagnosis
of psychosis.
���� The [inmate] incarcerated
person shall disclose any information concerning any history of
civil commitment.
���� The preincarceration records
of the [inmate] incarcerated person contained in the
report shall include any psychological reports prepared in connection with any
court proceedings.
���� (2)�� At the time of
sentencing, the prosecutor shall notify any victim injured as a result of a
crime of the first or second degree or the nearest relative of a murder victim
of the opportunity to present a written or videotaped statement for the parole
report to be considered at the parole hearing or to testify to the parole board
concerning his harm at the time of the parole hearing.� Each victim or relative
shall be responsible for notifying the board of his intention to submit such a
statement and to provide an appropriate mailing address.
���� The report may include a
written or videotaped statement concerning the continuing nature and extent of
any physical harm or psychological or emotional harm or trauma suffered by the
victim, the extent of any loss of earnings or ability to work suffered by the
victim and the continuing effect of the crime upon the victim's family.� At the
time public notice is given that an [inmate] incarcerated
person is being considered for parole pursuant to this section, the board
shall also notify any victim or nearest relative who has previously contacted
the board of the availability to provide a written or videotaped statement for
inclusion in the parole report or to present testimony at the parole hearing.
���� The board shall notify the
victim or relative at the victim's or relative's last known mailing address.
���� (3)�� If the [inmate] incarcerated person meets the requirements
for administrative parole release pursuant to section 4 of P.L.2019, c.364
(C.30:4-123.55d) the report shall indicate this eligibility.
���� c.���� A copy of the report
filed pursuant to subsection a. of this section, excepting those documents
which have been classified as confidential pursuant to rules and regulations of
the board or the Department of Corrections, shall be served on the [inmate] incarcerated person at the time it is
filed with the board panel.� The [inmate] incarcerated person may file with the
board panel a written statement regarding the report, but shall do so within
105 days prior to the primary parole eligibility date.
���� d.��� Upon receipt of the
public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a
county prosecutor, a public defender, or a private attorney of record may
request from the parole board a copy of the report on any adult [inmate] incarcerated person prepared pursuant to
subsection a. of this section, which shall be expeditiously forwarded to the
county prosecutor by the parole board by mail, courier, or other means of
delivery.� Upon receipt of the report, the prosecutor has 10 working days to
review the report and notify the parole board of the prosecutor's comments, if
any, or notify the parole board of the prosecutor's intent to provide
comments.� If the county prosecutor does not provide comments or notify the
parole board of the prosecutor's intent to provide comments within the 10
working days, the parole board may presume that the prosecutor does not wish to
provide comments and may proceed with the parole consideration.� Any comments
provided by a county prosecutor shall be delivered to the parole board by the
same method by which the county prosecutor received the report.� The
confidentiality of the contents in a report which are classified as
confidential shall be maintained and shall not be disclosed to any person who
is not authorized to receive or review a copy of the report containing the
confidential information.
���� e.���� Any provision of this
section to the contrary notwithstanding, the board shall by rule or regulation
modify the scope of the required reports and time periods for rendering such
reports with reference to county penal institutions.
���� f.���� Notwithstanding any
provision of this section, the board may modify the time periods for submitting
the reports required pursuant to this section in processing an [inmate] incarcerated
person whose parole eligibility date is accelerated pursuant to section 11 of
P.L.1979, c.441 (C.30:4-123.55).
(P.L.2019, c.364, s.9)
���� 3.� This act shall take effect
immediately.
STATEMENT
���� This bill provides for the
rehabilitative release of certain incarcerated
persons.
���� Under the bill, the Department
of Corrections (DOC) is required to issue a Certificate of Eligibility for
Rehabilitative Release (certificate) to any incarcerated
person who: (1) is at least 60 years of age, and has served at least 20
years in custody on the sentence imposed for the offense or offenses of which
the incarcerated person was convicted; or
(2) if convicted of murder, is at least 62 years of age and has served at least
30 years in custody.�
���� An incarcerated person who has been issued a
certificate, and has not previously sought relief under the bill, may petition
the court for rehabilitative release.� The Office of the Public Defender is
required to represent the incarcerated person,
unless the incarcerated person retains
other counsel.�
���� At least 60 days prior to the
date of issuance of a certificate, the DOC is required to notify the State
Parole Board of its intent to issue the certificate.� The superintendent or
other chief executive officer of the institution in which the incarcerated person is held is required to
prepare a report for any incarcerated person issued
a certificate under the bill for consideration by the court at a hearing for
rehabilitative release.
���� In accordance with the
provisions of the bill, a hearing on a petition for rehabilitative release is
to be held in the Superior Court in the county in which the incarcerated person was originally sentenced and
in accordance with the Rules of Court.� In addition to other service
requirements under the bill, the county prosecutor or the director, as
appropriate, is required to provide a copy of the petition for rehabilitative
release to any victim or family member of a victim entitled to notice relating
to a parole or the consideration of a parole under current law.� The victim or
family member also is to be notified of their opportunity to supplement the
report to be issued under the bill with a statement attached to the report, a
written or videotaped statement at the hearing on the petition, or to testify
to the court at the time of the hearing.
���� Upon consideration of a
petition and following a hearing, the Superior Court may modify, reduce, or
suspend an incarcerated person�s sentence
if the court finds by clear and convincing evidence that:
�
the incarcerated person is not a danger to the safety
of any person or the community;
�
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
�
the interests
of justice warrant a sentence modification.
���� The court is required to issue
a written order stating the reasons for granting or denying modification.�
���� In determining whether the
foregoing standards are met, the court is required to consider a list of
factors enumerated in the bill.� An incarcerated
person who receives a modified sentence under the bill also is to be
sentenced to a five-year term of parole supervision.� An order for
rehabilitative release under the bill is not to become final for 10 days in
order to permit the prosecution an opportunity to appeal the court�s order.� A
petitioner may also appeal a denied petition.