24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

New Jersey Section 2C:43-9 – Release of all offenders; length of recommitment and reparole after revocation of parole

New Jersey Law on Parole Release, Recommitment, and Reparole after Revocation

New Jersey statute 2C:43-9 governs the release of offenders on parole, as well as recommitment and reparole after parole revocation in the state. This law states that these processes are regulated by the Parole Act of 1979.

Parole Eligibility in New Jersey

Inmates sentenced after 1997 must serve 85% of their term before parole eligibility, while those sentenced before then become eligible after serving 1/3 of their term[3]. However, certain violent crimes like murder have a mandatory minimum sentence that must be served entirely before parole eligibility[4].

The Parole Board considers the inmate’s offense, criminal record, behavior in prison, participation in rehab programs, potential to recidivate, and suitability for parole. Parole is never guaranteed, even after inmates serve their minimum sentences.

Parole Release Process

At least 120 days before an inmate’s parole eligibility date, a hearing officer conducts an initial parole hearing. This involves reviewing the case file and interviewing the inmate.

The hearing officer makes an initial decision, which goes to a Board Panel of two Board Members for review. This Panel makes the final decision on whether parole should be granted or denied.

If granted parole, the inmate must agree to and sign conditions of parole supervision. The Board also develops a parole plan designating a residence, employment/training, and other specifics. The inmate is released on parole once these conditions are set.

Parole Supervision

Once released, parolees are supervised by parole officers to ensure compliance with parole conditions. These include regular meetings with the parole officer, maintaining employment, obeying all laws, avoiding prohibited associates, abstaining from drugs/alcohol, etc. .

Parole officers can visit parolees’ homes and workplaces unannounced to check for violations. Parolees must submit to drug tests and other searches. Geographic parole restrictions may also apply, like parolees convicted of sex crimes being barred from schools.

Parole Violations & Revocation

Parole can be revoked if parolees violate their supervision conditions. Common violations include:

  • Positive drug tests
  • Failure to report to parole officer
  • Non-compliance with parole plan
  • Failure to attend mandated counseling/treatment
  • Traveling outside permitted geographic boundaries
  • Contact with prohibited associates
  • Failure to maintain employment

When violations occur, parole officers can impose sanctions like increased reporting, curfews, or mandatory drug/alcohol treatment.

For severe or repeat violations, parole may be revoked through a revocation hearing. If revoked, parolees are re-imprisoned to serve the remainder of their original sentence.

Parole Recommitment after Revocation

Under 2C:43-9, parole violators who have their parole revoked are recommitted to prison to serve the balance of their prior sentence.

For example, if an inmate was paroled after serving 50% of a 10-year sentence (5 years), then violated parole in Year 6, they can be recommitted to serve the remaining 5 years.

When calculating time left to serve after revocation, any time spent on parole in good standing prior to the violation is credited against the original sentence.

However, time spent as a parole fugitive or in custody awaiting the revocation hearing does not count as time served on the original sentence.

Reparole after Parole Revocation

Inmates recommitted after parole revocation are still eligible for reparole later in their sentence.

After one year served following revocation, parole violators can apply for reparole at their next parole eligibility date. This is based on their original sentence, factoring in any time-credits earned prior to release on parole.

However, certain violent offenders who violated parole may have to serve 18-24 months before reparole eligibility after revocation.

The Parole Board will again review the inmate’s case and decide whether to grant reparole. Previous parole failures can weigh against reparole, but it is still possible if the inmate demonstrates rehabilitation.

Reparoled inmates are subject to parole supervision and conditions again. Further violations could lead to another revocation and recommitment.

Schedule Your Consultation Now