New Jersey State Senator Andrew Zwicker and Assemblywoman Shanique Speight introduced a bill that would prevent the state from reincarcerating individuals for technical parole violations. The bill also seeks to establish a process for early discharge for parolees who demonstrate compliance.

Approximately 1,200 of the nearly 13,000 individuals in New Jersey's state prisons on any given day are incarcerated due to technical parole violations. These violations include missing curfew, failing drug tests, or missing required check-ins, rather than committing new crimes. The cost to New Jersey for incarcerating people for technical parole violations is estimated at $90 million annually.

Senator Zwicker indicated that this new bill is a priority for him when legislators reconvene from their summer recess. "This is trying to significantly curtail incarceration for non-criminal violations. That's the bottom line," Zwicker said. "For individuals out on parole who are reincarcerated for non-criminal activity, especially around substance abuse, incarcerating them again does not improve outcomes compared to treatment. It's expensive, and it creates significant setbacks to the individual who gets reincarcerated. The goal has always been to provide support for those who are out on parole."

The proposed legislation, referred to by supporters as the "Substance Abuse Recovery and Accountability Act," removes compliance credits. It also mandates parole officers to recommend early discharge for individuals who comply with parole conditions for two to five years and who do not pose a public safety risk. Those convicted of sex offenses and individuals sentenced under the No Early Release Act (NERA) are not eligible for early discharge. Currently, close to 10,000 of the approximately 16,000 people under parole supervision in New Jersey are sex offenders.

The bill proposes capping reincarceration for technical parole violations at 364 days. It would also allow individuals to serve time for technical parole violations in county jails instead of state prisons. Authorities would be required to review arrest warrants for revocation within seven days and to notify victims within 10 days of an early discharge recommendation.

John Butler, Political Director for the American Civil Liberties Union of New Jersey, supported the bill, stating, "Under current laws, someone accused of a non-criminal violation is often forced to sit in a cell for weeks before even seeing the evidence against them. That undermines progress, and it isn't keeping anyone safer." He added, "This bill will modernize New Jersey's parole system by creating a fairer process aligned with the latest standards already adopted by many other states, and even saves taxpayers money at the same time."

Senator Douglas Steinhardt expressed reservations during discussions about similar legislation in December. Steinhardt stated that he had not yet examined the new bill in detail but intended to do so. "I think some people forget that parole is already the reward, if you will," Steinhardt said.