New Jersey S 1126: Requires revocation of parole for assaulting or threatening law enforcement officers.

Bill Text

S1126 

SENATE, No. 1126 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Holzapfel

SYNOPSIS

���� Requires revocation of parole for assaulting or 
threatening law enforcement officers.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning revocation of parole and amending P.L.1979, 
c.441.� 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 16 of P.L.1979, c.441 
(C.30:4-123.60) is amended to read as follows:� 

���� 16.� a.�� Any parolee who 
violates a condition of parole may be subject to an order pursuant to section 
17 of P.L.1979, c.441 (C.30:4-123.61) providing for one or more of the 
following: (1) That he be required to conform to one or more additional 
conditions of parole; (2) That he forfeit all or a part of commutation time 
credits granted pursuant to R.S.30:4-140.

���� b.��� Any parolee who has 
seriously or persistently violated the conditions of [his] parole, may have [his] parole 
revoked and may be returned to custody pursuant to sections 18 and 19 of 
P.L.1979, c.441 (C.30:4-123.62 and 30:4-123.63). The board shall be notified 
immediately upon the arrest or indictment of a parolee or upon the filing of 
charges that the parolee committed an act which, if committed by an adult, 
would constitute a crime.� The board shall not revoke parole on the basis of 
new charges which have not resulted in a disposition at the trial level except 
that upon application by the prosecuting authority, the Juvenile Justice 
Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) 
or the Director of the State Parole Board's Division of Parole or [his] the 
director�s designee, the chairman of the board or [his] the 
chairman�s designee may at any time detain the parolee and commence 
revocation proceedings pursuant to sections 18 and 19 of P.L.1979, c.441 
(C.30:4-123.62 and 30:4-123.63) when the chairman determines that the new 
charges against the parolee are of a serious nature and it appears that the 
parolee otherwise poses a danger to the public safety.� In such cases, a 
parolee shall be informed that, if [he] the 
parolee testifies at the revocation proceedings, [his] the parolee�s testimony 
and the evidence derived therefrom shall not be used against [him] the 
parolee in a subsequent criminal prosecution or delinquency adjudication.

���� c.���� Any parolee who is 
convicted of a crime or adjudicated delinquent for an act which, if committed 
by an adult, would constitute a crime, committed while on parole shall have [his] parole 
revoked and shall be returned to custody unless the parolee demonstrates, by 
clear and convincing evidence at a hearing pursuant to section 19 of P.L.1979, 
c.441 (C.30:4-123.63), that good cause exists why he should not be returned to 
confinement.

���� d.��� Notwithstanding the 
provisions of subsection b. of this section, upon notice by the appropriate law 
enforcement agency or prosecuting authority, the chairman of the board or the 
chairman�s designee shall detain a parolee and commence revocation proceedings on 
the basis of an arrest or indictment for assaulting a law enforcement officer 
in violation of N.J.S.2C:12-1 or a report that the parolee threatened to kill 
or cause physical harm to a law enforcement officer, or a member of the law 
enforcement officer�s family with the purpose to put that law enforcement 
officer in imminent fear of death or physical harm under circumstances that 
cause the law enforcement officer to believe the immediacy of the threat and 
the likelihood that it will be carried out.� 

���� The provisions of this 
subsection shall apply to a parolee who assaults or threatens a retired law 
enforcement officer because of the retired officer�s former status as an active 
duty law enforcement officer.� 

���� For the purposes of this 
subsection, �member of the law enforcement officer�s family� means the 
threatened officer�s spouse; parent; child, whether related by blood, marriage, 
adoption, or other legal custody; or other relative who resides with the 
threatened law enforcement officer.

(cf: P.L.2001, c.141, s.5) 

���� 2.��� This act shall take 
effect immediately.� 

STATEMENT

���� This bill requires the 
Chairman of the Parole Board to detain a parolee and commence revocation 
proceedings when an offender is arrested or indicted for assaulting a law 
enforcement officer or when a parolee threatens to kill or cause physical harm 
to a law enforcement officer, or a member of the law enforcement officer�s 
family.

���� Under current law, the parole 
board is notified immediately upon the arrest or indictment of a parolee or 
upon the filing of charges that the parolee committed a criminal act.� The 
board is prohibited from revoking