Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that establishes a compassionate early-release system for inmates with terminal illnesses.

Highlights:

• Requires 2 designated licensed physicians to provide a medical diagnosis that must include, but is not limited to (Sec 1):

• A terminal condition, disease or syndrome, or permanent physical incapacity;

• A prognosis concerning the likelihood of recovery;

• A description of the inmate’s physical incapacity, if applicable; and

• A description of the type of required ongoing treatment if the inmate is granted compassionate release.

• Authorizes an administrator, superintendent, or staff member of a correctional facility to initiate the process after an inmate is diagnosed (Sec 1).

• Authorizes the inmate, a member of the inmate’s family, or the inmate’s attorney to submit a request to initiate the process after the diagnosis is obtained (Sec 1).

• Requires the Department of Corrections to issue eligible inmates a Certificate of Eligibility for Compassionate Release to file for compassionate release (Sec 1).

• Requires a notice of the petition be sent out to any victim or member of any victim’s family, and the prosecution to offer an opportunity to testify to any harm suffered or to submit any comments, within 15 days following the notice (Sec 1).

• Authorizes the court to make a determination on the petition without holding a hearing if no petitions are received (Sec 1).

• Requires the court hold an expedited hearing if objections are received (Sec 1).

• Requires a notice of the outcome be sent out to any victim or victim’s family member and the prosecution, and that 10 days pass before granting compassionate release to allow the prosecution to appeal (Sec 1).

• Requires the release plan to include (Sec 1):

• Identification of a community sponsor;

• Verification of the availability of appropriate medical services sufficient to meet treatment requirements; and

• Verification of appropriate housing.

• Authorizes the State Parole Board to require an inmate to submit periodic medical diagnoses of a licensed physician (Sec 1).

• Requires the prosecution be notified if an inmate becomes capable of committing another crime, so that they may initiate proceedings to return the inmate to an appropriate confined facility if deemed a threat to public safety (Sec 1).

• Requires the parolee and their attorney to be provided a notice of the request to return the parolee to confinement (Sec 1).

• Authorizes the court to make a determination on the petition without holding a hearing if no petitions are received (Sec 1).

• Requires the court hold an expedited hearing if objections are received (Sec 1).

Full Bill Text