Appellant was serving a life sentence imposed in 1979 for murder, and a consecutive four-year term of incarceration imposed in 2003, for a 2001 drug offense committed during his incarceration. When appellant became parole eligible, the Parole Board aggregated his sentences pursuant to N.J.S.A. 30:4-123.51(h), denied appellant parole, and imposed a 240-month future eligibility term (FET).
The Legislature amended N.J.S.A. 30:4-123.53, promulgating a new standard for parole eligibility for offenses committed after August 18, 1997. Prior to the amendment, the Board could deny parole release if it appeared from a preponderance of the evidence that there is a substantial likelihood the inmate will commit a crime under the laws of this State if released on parole at such time. Following the amendment, the parole eligibility standard changed and now states the Board may deny parole where it appears by a preponderance of the evidence the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation the inmate will violate conditions of parole if released on parole at that time
The question on appeal is what standard for parole eligibility should apply where a parole eligible inmate is serving sentences for offenses committed before and after the effective date of the statute promulgating the new standard. The court holds the new standard does not apply to parole determinations for inmates eligible for parole who are serving sentences entered prior to August 18, 1997. The Board must determine parole eligibility for such inmates by considering the pre-amendment standard.
The court remanded the matter to the Board to reconsider its decision applying the proper standard. The court also directed the Board to correlate its findings with the length of the FET imposed, considering the sentence for the 2001 offense, which drew the lengthy FET, was just four years.
