New Jersey legislation to require the Division of Parole to offer parole services to certain defendants who have served their maximum sentence: Assembly #4685/Senate #415
S415 was introduced in January 2020, and passed at the end of July with bipartisan support. It was sent to the Assembly Law and Public Safety Committee, where it was introduced as A4685 in September. The Criminal Justice Reform task force identified this as a priority bill for the 2019-20 legislative session and it remains a priority for the current 2020-21 session.
Assembly sponsors: Annette Quijano, District 20; Anthony S. Verrelli, District 15
Senate sponsor: Shirley K. Turner, District 15
If passed into law, what would this bill do?
This bill will require the Division of Parole to offer the same post-release services to defendants who have served the maximum term of incarceration that are provided to defendants who are released on parole. Under the bill, these services are to be provided upon request of the defendant. The bill directs the Commissioner of Corrections to advise these defendants of the availability of these services and to provide them with appropriate contact information.
The bill also requires the State Parole Board to include in its annual report the number of defendants who request post-release services pursuant to the provisions of this bill, a summary of the particular assistance received, and the recidivism rates of these defendants.
Why is this bill necessary?
Under current NJ law, defendants incarcerated in a State correctional facility who do not participate in their own rehabilitation while incarcerated, or who have been denied release under the regular parole process (including minimum mandatory sentences) effectively serve the maximum sentence. These inmates, commonly referred to as “max-outs,” subsequently are released directly into the community without supervision or transitional services.
As recently as five years ago, forty percent of those in NJ prisons served their maximum sentence. This is twice the national average, and twice the number as those released on parole in our state. These defendants are not entitled to services that are available to parolees– such as access to residential community release programs (halfway houses); drug treatment programs; residential programs; community resource centers; emergency housing placement; and other basic support services.
A 2012 Pew Charitable Trust study found that the number of inmates serving their maximum sentence more than doubled nationwide between 1990 and 2012. This increase in max-outs was found to be largely due to state policy choices over the previous three decades that resulted in offenders serving higher proportions of their sentences behind bars. The study found that “truth-in-sentencing” laws, limits on release eligibility, and the outright elimination of parole in some states added nine months to the average prison time served by offenders released in 2009, compared with those released two decades earlier.
In addition to lengthening the time served in prison and thereby increasing the costs of incarceration to the taxpayer, these max-out rates serve no justifiable public purpose. Studies have consistently found that those who max-out have higher recidivism rates than those released on parole. A later Pew study found that for many offenders, shorter prison terms followed by supervision have the potential to reduce both recidivism and overall corrections costs. In New Jersey, for example, inmates released to parole supervision before their sentences expired were 36 percent less likely to return to prison—even when controlling for risk factors such as an offender’s prior record that reliably predict recidivism—than inmates who maxed out. (Max-Out: The Rise in Prison Inmates Released Without Supervision. https://www.pewtrusts.org/en/research-and-analysis/reports/2014/06/04/max-out)
Unitarian Universalist/UU Faith Action NJ Position on this Legislation.
Unitarian Universalists have long been drawn to efforts to reform our revenge-centered approach to criminal justice. Since the 1980’s, and the era of “mass incarceration” so powerfully documented by Michelle Alexander(*) and many others, the American criminal justice system has often provided little justice, especially to people of color, and little in the way of truly effective rehabilitation to those it incarcerates at such enormous public expense.
As a faith, Unitarian Universalists are committed to honoring the inherent worth and dignity of every person (first principle) and equity and compassion in human relations (second principle.) These two principles guide our position on this important bill. It will at the very least ensure that those who have nearly always served the longest sentences, and therefore been absent from their families and communities for the longest period of time, receive the same reentry services provided to all others who are released under parole.
The proposed Eighth Principle also informs our position on this bill, as it calls all Unitarian Universalist to affirm and promote “journeying toward spiritual wholeness by working to build a diverse multicultural Beloved Community by our actions that accountably dismantle racism and other oppressions in ourselves and our institutions.” Any work to reform and dismantle our broken criminal justice system must be built on a commitment to dismantling the institutional racism that undergirds it.
(*) Read these important books:
The New Jim Crow: Mass Incarceration in the Age of Color-Blindness,” by Michelle Alexander.
Until We Reckon: Violence, Mass Incarceration and the Road to Repair,” by Danielle Sered.
To read the text of A4685, follow this link: https://www.njleg.state.nj.us/2020/Bills/A5000/4685_I1.HTM
SMacDonnell/10/20
Expanded Reentry Services: Assembly #4785/Senate #2953
A4785/S2953 were introduced in October 2020 and seek to expand the scope of inmate reentry assistance and benefits. The Criminal Justice Reform task force has identified this as a priority bill for the current 2020-21 legislative session.
Primary Sponsors
Assembly: Asw Annette Quijano – District 20 (Union), Asm Anthony S. Verrelli – District 15 (Hunterdon and Mercer)
Senate: Sen. Stephen M. Sweeney – District 3 (Cumberland, Gloucester and Salem), Sen. Sandra B. Cunningham – District 31 (Hudson)
If this legislation passes, what will it do?
A4785/S2953 expands the scope of the recently amended state’s Fair Release and Reentry Act, which requires that the Department of Corrections (DOC) ensure inmates are provided within 10 days of their release from incarceration various documents, prescription medicine, and assistance in their reentry efforts. This bill extends the provisions of the Fair Release and Reentry Act to county correctional facilities and, in some cases, adds new provisions, or increases the time period for certain services to be required.
The bill expands the Act with detailed provisions regarding many items, including:
- identification cards and their acceptance at all levels of government (extends it past an emergency to six months post release)
- needed prescription medication (extended to a three-month supply, and makes the requirement permanent)
- assistance in applying for Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Work First New Jersey programs
- enabling the use of the address of a reentry organization for any inmate who is unable to identify a residence at the time of application for benefits
- providing a one-day NJ rail or bus pass to returning citizens
- information about voting
- documents, such as the returning citizen´s participation in educational, training or treatment programs while incarcerated, criminal history record, information on record expungement, and an account of fines, child support arrearages or other obligations due
Why is this legislation necessary?
An individual emerging from incarceration needs to find housing, food, employment, mental health and medical care, reestablish familial and other relationships, pay fines, and comply with a myriad of parole requirements. As if that weren’t difficult enough, many laws and other obstacles needlessly impede them from doing those very things. The process of reentry is often so overwhelming that many returning citizens may recidivate or return to previous addictions. Because of the racial inequities in the New Jersey incarceration system, these problems disproportionately affect individuals and communities of color. This bill attempts to remove many of the common obstacles to reentry such as the lack of information, and not having identification or an address, which prevent returning citizens from applying for needed programs and assistance. The common-sense goal of the legislation is to provide support for successful reentry into the community.
Unitarian Universalist/UU Faith Action NJ Position on this Legislation.
Unitarian Universalists are committed to honoring the inherent worth and dignity of every person (first principle) and equity and compassion in human relations (second principle,) as well as dismantling racism and other systems of oppression (proposed 8th principle.) These principles guide our commitment to supporting the successful reentry of individuals who were incarcerated. While our society often puts up so many obstacles to success that it almost seems it wants returning citizen to fail, we say no, we want them to succeed. We want them to get all the help they need to heal themselves, develop their gifts and talents, and become contributing members of society.
To learn more about this issue and the legislation itself:
Link to the bill: https://www.njleg.state.nj.us/2020/Bills/A5000/4785_I1.HTM
Articles:
Commission Finds 100 Ways to Aid Re-Entry of Ex-Prisoners (2019)
https://www.njspotlight.com/2019/10/commission-finds-100-ways-to-aid-re-entry-of-ex-prisoners
Hundreds of N.J. prisoners expected to be released early are at risk of homelessness, records show (10/20)
TIdrobo/10/2020
Expands Eligibility for Certain Inmates To Participate in Residential Community Release Programs: Assembly #4681 / Senate #2933
Both the Assembly and Senate bills (A4681 /S2933) were introduced on September 17, 2020. The Senate bill is in the Law and Public Safety committee, and the Assembly bill is in the Judiciary committee. This bill will expand access to residential community release programs (halfway houses) for individuals being released from state prisons in NJ.
Sponsors:
Assembly: Raj Mukherji, District 33; Valerie Vainieri Huttle, District 37; Verlina Reynolds-Jackson District 15.
Senate: Nellie Pou, District 35.
If passed into law, what would this bill do?
This bill expands eligibility for certain inmates to participate in a residential community release program (RCRP) and modifies DOC reporting requirements concerning capacity of these programs.
Under current law, an inmate is eligible for participation in a RCRP if the inmate is in the custody of the Department of Corrections, is scheduled to be released from custody in less than one year and the commissioner or a designee determines that the inmate’s participation in a RCRP is appropriate. (Other eligibility requirements pertain if the inmate is scheduled to be released in greater than 12 months but less than 24 months and the commissioner or a designee determines that the inmate’s participation in a substance use disorder treatment program is appropriate.)
Under the provisions of this bill, an inmate who is otherwise eligible under current law is eligible to participate in a RCRP if the inmate is scheduled to be released in less than 30 months, or the inmate is scheduled to be released in greater than 12 months but less than 30 months for a substance use disorder treatment program.
Under current law, the Commissioner of Corrections is required to certify on a monthly basis to the Director of the Division of Budget and Accounting that all available RCRP beds in the State are filled to contract capacity with eligible State inmates who are within 30 to 36 months of release. The provisions of this bill require the commissioner also to provide this monthly certification to the Legislature, and require the certification for eligible inmates who are within 18 to 30 months of release.
Why is this bill necessary?
This bill has become necessary due to the recently passed Public Health Emergency Credits legislation, and in anticipation of the early release of a large number of eligible individuals from state facilities.
Under the bill, the commissioner is required to make every effort to fill RCRP vacancies as they become available and maximize the provision of services to help inmates with the transition and reentry into the community. Consistent with the eligibility requirements of Public Health Emergency Credits law, an inmate, other than an inmate convicted of certain sexual offenses or arson or a related offense, who is otherwise eligible for RCRP placement is not to be deemed ineligible for participation in a RCRP solely based on the inmate’s custody status.
Unitarian Universalist/UU Faith Action NJ Position on this Legislation.
Unitarian Universalists are committed to honoring the inherent worth and dignity of every person (first principle) and equity and compassion in human relations (second principle,) as well as dismantling racism and other systems of oppression (proposed 8th principle.) These principles guide our commitment to supporting the successful reentry of individuals who were incarcerated. While our society often puts up so many obstacles to success that it almost seems it wants returning citizen to fail, we say no, we want them to succeed. We want them to get all the help they need to heal themselves, develop their gifts and talents, and become contributing members of society. The availability of expanded residential services throughout the state is an essential component of successful reentry, as it allows those released to begin their journey of re-integration within a supportive atmosphere.
To read the text of the bill, follow this link: https://www.njleg.state.nj.us/2020/Bills/A5000/4681_I1.HTM
What you should know about halfway houses https://www.prisonpolicy.org/blog/2020/09/03/halfway/
Defunding halfway houses could be disastrous for the community | (NJ.com) https://www.nj.com/opinion/2020/09/defunding-halfway-houses-could-be-disastrous-for-the-community-opinion.html
SMacDonnell/10/2020