‘Broken’ NJ Parole System Denies Over 50% Of Cases: New Report

NEW JERSEY - A "broken" parole system that grants applicants release less than half of the time must be reformed by ensuring eligible applicants have access to a lawyer and confidential documents that influence parole decisions, according to a new report released by state officials this month.

The report, published Feb. 2 by the Office of the Public Defender’s Parole Project, found that in 2017, 2018 and 2019, more than half of parole applicants were denied release; 2020, which saw a 52.7% release rate, served as an “anomalous year” due to the pandemic and the Governor’s executive order directing parole to be reconsidered in many cases.

In the years prior, New Jersey applicants were only granted parole between 40 and 47% of the time. The report also found that 78% of those denied parole were Black or Hispanic.

“The Parole Board consistently fails to release parole eligible applicants, even though the law imposes a presumption of release for anyone who is eligible for parole,” assistant public defender Joseph J. Russo wrote.

“The result is that clients remain behind bars beyond what sentencing judges intended, and beyond the completion of the punitive portion of their sentences, regardless of the fact that there is not a substantial likelihood they will reoffend or fail to comply with parole.”

Advocates say the less-than-half rate of granted parole is the result of a deeply flawed system.

The U.S. Supreme Court and New Jersey courts previously ruled that the state doesn’t have a duty to provide legal counsel at the proceedings, though the report recommends the state legislature pass a statue to expand the right to counsel.

“The failure to provide counsel has resulted in the Parole Board’s essentially unlimited discretion to deny parole release,” the report reads. “The right to counsel would help to hold the Parole Board accountable to the statutory standards and process protections applicants are due.”

Parole Board members also reportedly don't factor age into their decisions, though advocates say older parolees rarely reoffend. The board instead considers factors like a defendant's remorse, insight into criminal thinking and "problem resolution,” though all of the above haven't been linked to recidivism risk or are among the relevant considerations in the board’s own administrative code.

In an email response to a request for comment, a spokesperson for the New Jersey State Parole Board told Patch that all parole board decisions are "made in accordance with statutory laws and properly implemented through the Administrative Code of New Jersey."

"The State Parole Board does not discuss specific details on any individual case but each case is decided upon impartially, fairly and in accordance with statutory laws and administrative regulations," the spokesperson said.

"The State Parole Board declines to comment on a number of the issues raised by the Office of the Public Defender, including granting applicants access to confidential documents, as such issues are currently in litigation. In regard to recommendations that would involve legislative amendments, such as providing the right to counsel for parole release hearings, the State Parole Board would welcome discussion regarding same."

The Office of the Public Defender says it is now working to draft legislation to address some of the report’s recommended reforms.

You can read the full report here.