Vote Smart's Synopsis:

Vote to pass a bill that amends sentencing laws to allow individuals near the end of their sentence to join community release programs or institutionalize in halfway houses.

Highlights:

• Establishes an inmate in the custody of the Department of Corrections is eligible for participation in a residential community release program if the inmate is otherwise eligible and is scheduled to be released from the custody of the Commissioner of Corrections (Sec. 1):

• In less than 30 months, and the commissioner or a designee determines that the inmate’s participation in a residential community release program is appropriate; or

• In greater than 12 months but less than 30 months and the commissioner or a designee determines that the inmate’s participation in a substance use disorder treatment program is appropriate.

• Requires the Commissioner of Corrections to monthly certify to the Legislature and to the Director of the Division of Budget and Accounting that all available Residential Community Release Program beds in the State of New Jersey are filled to contract capacity with eligible State inmates who are within 30 to 36 months of release (Sec. 2).

• Requires the Commissioner of Corrections to prioritize the eligibility of inmates for placement in a residential community release program before release from a state correctional facility. In prioritizing an inmate’s eligibility for placement, the commissioner will evaluate whether an inmate is eligible to receive credits awarded or public health emergency credits that may accelerate the inmate’s release from a state correctional facility (Sec. 3.a).

• Requires the commissioner to make every effort to fill residential community release program vacancies as they become available and will maximize the provision of services provided by these programs to assist inmates with the transition and re-entry into the community (Sec. 3.b).

• Classifies "eligible inmate" as an inmate who (Sec. 4-1):

• Was not convicted of a sexual offense as defined in this section or an arson offense;

• Does not demonstrate an undue risk to public safety; and 

• Has less than one year remaining to be served before the inmate's parole eligibility date.

• Prohibits an inmate in a State correctional facility, other than an inmate convicted of a sexual offense, or arson, or a related offense from being deemed ineligible to participate in a residential community program solely based on the inmate’s custody status (Sec. 5).

• Authorizes the administrator of a residential community release program to refuse to place in the program any inmate who demonstrates an undue risk to public safety (Sec. 6).

• Prohibits an inmate incarcerated in a residential community release program from being returned to a correctional facility solely due to a medical condition or illness, including the need for medical treatment or pregnancy (Sec. 7.a).

• Prohibits an inmate incarcerated in a residential community release program from being subject to a restriction of privileges or any other type of punitive measure solely due to a medical condition or illness, including the need for medical treatment or pregnancy (Sec. 7.b).

Full Bill Text