Instead of serving their full prison sentence, some people may be released early. This is called parole, which is a conditional release. This means the person, called a parolee, must follow specific rules and remain under supervision. The parole board looks at a prisoner’s behavior, rehabilitation progress, and plans when determining parole.
The Process
The parole process and eligibility are outlined in NJSA 30:4-123.51. It states that adult inmates sentenced to a specific term of years at the state prison shall be primarily eligible for parole after having served any mandatory minimum term, or one-third of the sentence imposed. In the case of a term of life in prison, where no mandatory minimum has been imposed, then the person is eligible for parole after 25 years. In addition, no inmate sentenced to a specific term of years in prison shall become eligible for parole until service of a full nine months of his aggregated sentence.
The State Parole Board is responsible for determining parole eligibility, conducting parole hearings, and issuing parole decisions. The Division of Release within the State Parole Board evaluates and assesses offenders to determine their eligibility for release.
Credits
In New Jersey, those in jail can receive credits that can be used to bump up their parole date. These credits are calculated based on the inmate’s behavior and participation in programs while incarcerated. They include the following:
- Commutation credits (good time). These credits are awarded automatically for good behavior and are calculated as a percentage of the sentence. They are applied after the inmate has served any mandatory minimum sentence
- Work credits. Inmates can earn work credits by participating in work programs within the correctional facility. For every five days of work, one day of work credit is earned.
- Minimum custody credit. Inmates in minimum custody status can earn additional credits. During the first year in minimum custody, they earn three credits per month. After that, it increases to five credits per month.
- Jail credits. These credits are awarded for time spent in custody before sentencing. They are subtracted from the parole eligibility term.
Conditions of Parole
Once a person is released on parole, they have to be on their best behavior. N.J. Admin. Code § 10A:71-6.4 outlines the conditions of parole. Some specific conditions that a person may have to abide by include:
- Meeting regularly with their parole officer.
- Refraining from drug and alcohol use.
- Regular drug and alcohol testing and possibly required participation in treatment programs.
- Obeying all laws and ordinances.
- Following a curfew.
- Restrictions from contact with victims or individuals with known criminal backgrounds.
- Actively looking for and maintaining employment.
- Polygraph testing.
- Firearm and weapon restrictions.
- Travel restrictions.
- Participation in mental health counseling or treatment programs.
Contact Us Today
Parole is allowed in certain situations. Are you eligible? A Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John can assess your situation and help you get a favorable outcome. Schedule a consultation today. Contact us via (856) 716-5427 or online here.