N.J. Admin. Code § 10A:9-5.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:9-5.1 - Authority

(a) Commutation credit is awarded to inmates pursuant to N.J.S.A. 30:4-140, which provides:

1. For every year or fractional part of a year of custodial sentence imposed upon any person there shall be remitted to the person from both the maximum and minimum terms of the person's sentence, for continuous orderly deportment, the progressive commutation credits indicated in the schedule herein. When a sentence contains a fractional part of a year contained in either the minimum or maximum sentence requirement, then time credits shall be calculated at the rate set forth below. Column one is the number of years of the sentence in whole numbers. Column two is the number of progressive credits in days associated with the number of years in column one. Column three is the number of days associated with each full month in excess of a full year. In order to determine the entire number of credit days available, the following formula should be applied. Number of days in Column two + (Number of months in excess of the full year multiplied by Column three) = Total potential credit days available. For example: if the sentence is three years, six months, then the number of years in the sentence appears in the first column and the corresponding credits in the middle column are 252. The credits for each month over the initial three years appears in the last column and is applied per month. In other words, the credit for six months at eight credits per month equals 48 days. Based on the table, the total commutation credits for three years, six months is 300 days (252 plus 48). If the sentence is eight years, two months, then the credits for eight years equals 756 and the monthly credits are 10 days per month, or 20 days for a total of 776 days (756 plus 20).

Minimum and Maximum Sentences in Years	Progressive Credits for Minimum and Maximum Sentences in Years (Days)	Credits for Each Full Month of Fractional Part of a Year in Excess of Column One (Days
1	72	7
2	156	8
3	252	8
4	348	8
5	444	8
6	540	8
7	636	10
8	756	10
9	876	10
10	996	10
11	1,116	10
12	1,236	11
13	1,368	11
14	1,500	11
15	1,632	11
16	1,764	11
17	1,896	12
18	2,040	12
19	2,184	12
20	2,328	12
21	2,472	12
22	2,616	13
23	2,772	13
24	2,928	13
25	3,084	15
26	3,264	15
27	3,444	15
28	3,624	15
29	3,804	15
30	3,984	16

2. Commutation credit will not reduce the statutory mandatory minimum term.

3. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then commutation credits in reduction of the fractional part of a year shall be calculated at the rate set out in the schedule for each full month of the fractional part of a year of sentence.

4. Commutation credit for time served by any person in custody between their arrest and the imposition of sentence *shall* be applied *in accordance with P.L. 2019, c. 364, which was effective on February 1, 2021*.

5. Commutation credits may be declared to be forfeited pursuant to N.J.A.C. 10A:9-5.3 and 5.4.

(b) Work time credit is awarded to inmates pursuant to N.J.S.A. 30:4-92, which provides:

1. The inmates of all correctional, charitable, hospital, relief and training institutions within the jurisdiction of the State Board of Institutional Trustees (Commissioner) shall be employed in such productive occupations as are consistent with the inmate's health, strength and mental capacity and shall receive such compensation therefor as the State Board of Institutional Trustees (Commissioner) shall determine.

2. Compensation for inmates of correctional facilities may be in the form of cash or remission of time from sentence or both. Such remission from the time of sentence shall not exceed one day for each five days of productive occupation, but remission granted under this section shall in no way affect deductions for good behavior or provided by law.

3. All inmates classified as minimum or community custody status and who are considered sufficiently trustworthy to be employed in honor camps, farms or details shall receive further remission of time from their sentences at the rate of three days per month for the first year of such employment and five days per month for the second and each subsequent year of such employment.

4. An inmate who completes an approved program on or after January 20, 2020, and whose current aggregate maximum release date is greater than 210 days, may earn special credits that may reduce the maximum release date.

(c) Public Health Emergency Credits are awarded to inmates pursuant to P.L. 2020, c. 111, provided:

1. The Governor has declared a public health emergency, which arises as a result of a communicable or infectious disease, and results in substantial modifications to Department-wide facility operations;

2. An inmate is serving a sentence and is scheduled to be released from custody within 365 days;

3. Public health emergency credits shall provide further remission from both the minimum and maximum term of the inmate's sentence, including the statutory mandatory minimum term, at the rate of 122 days for each month, or portion thereof, served during the declared emergency;

4. An inmate shall not be awarded public health emergency credits in excess of 244 days of remission for any declared emergency;

5. Public health emergency credits shall not be awarded to an inmate serving a sentence for murder pursuant to N.J.S.A. 2C:11-3, aggravated sexual assault pursuant to N.J.S.A. 2C:14-2.a, or any offense enumerated at N.J.S.A. 2C:47-1, and whose conduct was characterized by a pattern of repetitive, compulsive behavior;

6. Public health emergency credits shall not be awarded to mandatory parole supervision terms or parole supervision for life violation terms, if the sentence that imposed the supervision is an exclusionary offense; and

7. An inmate being released as a result of the application of public health emergency credits shall be notified, in writing, against making contact with any victim of the crime for which the inmate was convicted and shall acknowledge receipt of the written notifications regarding victim contact prohibition.

(d) "Special Credits" may be awarded at the discretion of the Commissioner.

1. Special Credits provide further remission from time of sentence for achievements in education or workforce training pursuant to N.J.S.A. 30:4-92a.

2. An inmate who completes an approved program on or after January 20, 2020, and the inmate's current aggregate maximum release date is greater than 210 days may earn special credits that may reduce the maximum release date.

N.J. Admin. Code § 10A:9-5.1

Amended by 47 N.J.R. 998(c), effective 5/18/2015.

Amended by 54 N.J.R. 716(b) effective 4/18/2022

Amended by 54 N.J.R. 1610(a), effective 8/15/2022