New Jersey Section 2C:47-5 – Parole
Contents
New Jersey Section 2C:47-5 – Parole
In New Jersey, Section 2C:47-5 of the criminal code deals with parole for individuals who have been civilly committed to a mental health facility after being found not guilty by reason of insanity. This section outlines the process and requirements for being released on parole after civil commitment.
Overview of Civil Commitment in New Jersey
In New Jersey, when a defendant is found not guilty by reason of insanity, the court will order them to be civilly committed to a mental health facility rather than being released outright. This allows the state to provide treatment and protect public safety by keeping the individual confined.
Civil commitment can last for an initial period up to the maximum sentence the person could have received if convicted. After that, the court reviews the case each year to determine if continued commitment is necessary. The burden is on the state to prove “by clear and convincing evidence that the person needs continued involuntary commitment to treatment”.
So civil commitment is not necessarily indefinite or permanent. The court must regularly reassess if the person still poses a risk due to mental illness. This brings us to the parole process outlined in 2C:47-5.
The Parole Process
Section 2C:47-5 allows for the possibility of parole for certain individuals who have been civilly committed after being found not guilty by reason of insanity. Parole provides a path for the committed person to be conditionally released to the community, rather than being confined indefinitely.
In order to be eligible for parole, the individual must have been committed to a mental health facility for at least five years. Then, the court may place the person on parole under appropriate conditions, if it finds “that the committed person will not pose a danger to the community if released on parole”.
Releasing someone on parole requires finding that they are not currently dangerous due to mental illness. It does not require finding that they are “cured” or will never relapse. With appropriate parole conditions, certain individuals can manage their illness and behaviors well enough to not pose a public safety risk.
The Parole Hearing
The process begins when the committed individual applies to the court for parole. This triggers a hearing before a judge. At the hearing, the court will hear evidence about whether the person will pose a danger to others if released on parole.
The burden is on the state to prove by clear and convincing evidence that the person needs continued commitment. The individual can contest this by presenting evidence of recovery and current mental state. This may include testimony from the treating psychiatrist, psychological evaluations, and evidence of progress made in the facility.
The court will consider factors like:
- The person’s clinical progress and response to treatment
- Recent behavior and danger signs
- Substance abuse issues
- History of relapse when not medicated
- Ability to follow rules and engage in treatment
- Support system outside the facility
- Recommendations of the treatment team
Parole may be denied if the state proves the individual still poses a risk. But if the evidence shows they are ready for conditional release, parole will be granted.
Parole Conditions
If released on parole, the individual will be subject to conditions set by the court. These aim to facilitate the transition to community living and reduce any public safety risks. Common conditions include:
- Taking prescribed medications – To manage mental illness and prevent decompensation.
- Outpatient treatment – Regularly attending therapy and psychiatric appointments.
- Substance abuse testing – To ensure sobriety if there is a history of abuse.
- Electronic monitoring – GPS tracking the person’s movements and location.
- Curfews or travel restrictions – Limiting when and where the person can go.
- Supervision – Regular check-ins with a parole officer.
- Housing – Restricting housing to certain approved options.
- No weapons – Prohibiting owning firearms or other weapons.
Additional conditions may be added as needed for the specific case. The court wants to facilitate reintegration while minimizing any risk factors.
Consequences for Violations
If the individual violates any parole conditions, they face being sent back to the mental health facility. Minor violations may result in a warning or tightened restrictions. But major violations could lead to parole revocation and return to commitment.
Sometimes decompensation and relapse are part of the recovery process for mental illness. But the court’s priority is public safety. Multiple violations or serious dangerous behavior will likely end parole.
Periodic Reviews Continue
Even if released on parole, the court will continue conducting periodic reviews. At least annually, there will be a hearing to determine if parole should be continued, modified, or revoked.
The state can try to prove the individual now meets commitment standards and parole should end. Or the person can show they no longer need such intensive monitoring. The court has discretion based on the evidence presented.
Summary
The parole process for insanity acquittees seeks to balance public safety with rehabilitation and reintegration. After extensive inpatient treatment, certain individuals may be ready for conditional community release under supervision. 2C:47-5 provides a mechanism for this, with careful court oversight and conditions. For many, parole provides a transitional step as mental health improves, but risks remain. Ongoing reviews help ensure confinement and restrictions do not extend beyond necessity.
Sources
https://www.njcourts.gov/attorneys/assets/criminalcharges/insanitydefense.pdf
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-47-5
https://www.njcourts.gov/attorneys/assets/criminalcharges/insanitydefense.pdf
https://www.njcourts.gov/attorneys/assets/criminalcharges/insanitydefense.pdf