New Jersey § 30:4-123

§ 30:4-123.

a. Each adult inmate sentenced to a term of incarceration in a county penal institution,

or to a specific term of years at the State Prison or the correctional institution

for women shall become primarily eligible for parole after having served any judicial

or statutory mandatory minimum term, or one-third of the sentence imposed where no

mandatory minimum term has been imposed less commutation time for good behavior pursuant

to N.J.S.2A:164-24 or R.S.30:4-140 and credits for diligent application to work and other institutional assignments

pursuant to P.L.1972, c. 115 ( C.30:8-28.1 et seq. ) or R.S.30:4-92 . Consistent with the provisions of the New Jersey Code of Criminal Justice ( N.J.S.2C:11-3 , 2C:14-6 , 2C:43-6 , 2C:43-7 ), commutation and work credits shall not in any way reduce any judicial or statutory

mandatory minimum term and such credits accrued shall only be awarded subsequent to

the expiration of the term. b. Each adult inmate sentenced to a term of life imprisonment shall become primarily

eligible for parole after having served any judicial or statutory mandatory minimum

term, or 25 years where no mandatory minimum term has been imposed less commutation

time for good behavior and credits for diligent application to work and other institutional

assignments. If an inmate sentenced to a specific term or terms of years is eligible for parole

on a date later than the date upon which he would be eligible if a life sentence had

been imposed, then in such case the inmate shall be eligible for parole after having

served 25 years, less commutation time for good behavior and credits for diligent

application to work and other institutional assignments. Consistent with the provisions of the New Jersey Code of Criminal Justice ( N.J.S.2C:11-3 , 2C:14-6 , 2C:43-6 , 2C:43-7 ), commutation and work credits shall not in any way reduce any judicial or statutory

mandatory minimum term and such credits accrued shall only be awarded subsequent to

the expiration of the term. c. Each adult inmate sentenced to a specific term of years pursuant to the “Controlled Dangerous

Substances Act,” P.L.1970, c. 226 ( C.24:21-1 et al.) shall become primarily eligible for parole after having served one-third

of the sentence imposed less commutation time for good behavior and credits for diligent

application to work and other institutional assignments. d. Each adult inmate sentenced to an indeterminate term of years as a young adult

offender pursuant to N.J.S.2C:43-5 shall become primarily eligible for parole consideration pursuant to a schedule of

primary eligibility dates developed by the board, less adjustment for program participation. In no case shall the board schedule require that the primary parole eligibility

date for a young adult offender be greater than the primary parole eligibility date

required pursuant to this section for the presumptive term for the crime authorized

pursuant to subsection f. of N.J.S.2C:44-1 . e. Each adult inmate sentenced for an offense specified in N.J.S.2C:47-1 shall become primarily eligible for parole as follows: (1) If the court finds that the offender's conduct was not characterized by a pattern

of repetitive, compulsive behavior or finds that the offender is not amenable to sex

offender treatment, or if after sentencing the Department of Corrections in its most

recent examination determines that the offender is not amenable to sex offender treatment,

the offender shall become primarily eligible for parole after having served any judicial

or statutory mandatory minimum term or one-third of the sentence imposed where no

mandatory minimum term has been imposed. Neither such term shall be reduced by commutation time for good behavior pursuant

to R.S.30:4-140 or credits for diligent application to work and other institutional assignments pursuant

to R.S.30:4-92 . (2) Young adult offenders shall be eligible for parole pursuant to the provisions of N.J.S.2C:47-5 , except no offender shall become primarily eligible for parole prior to the expiration

of any judicial or statutory mandatory minimum term. f. (Deleted by amendment, P.L.2019, c. 363 ) g. Each adult inmate of a county jail, workhouse , or penitentiary shall become primarily eligible for parole upon service of 60 days

of his aggregate sentence or as provided for in subsection a. of this section, whichever

is greater. Whenever any such inmate's parole eligibility is within six months of the date of

such sentence, the judge shall state such eligibility on the record which shall satisfy

all public and inmate notice requirements. The chief executive officer of the institution in which county inmates are held

shall generate all reports pursuant to subsection d. of section 10 of P.L.1979, c.

441 ( C.30:4-123.54 ). The parole board shall have the authority to promulgate time periods applicable

to the parole processing of inmates of county penal institutions, except that no inmate

may be released prior to the primary eligibility date established by this subsection,

unless consented to by the sentencing judge. No inmate sentenced to a specific term of years at the State Prison or the correctional

institution for women shall become primarily eligible for parole until service of

a full nine months of his aggregate sentence. h. When an inmate is sentenced to more than one term of imprisonment, the primary

parole eligibility terms calculated pursuant to this section shall be aggregated by

the board for the purpose of determining the primary parole eligibility date . The board shall promulgate rules and regulations to govern aggregation under this

subsection. i. The primary eligibility date shall be computed by a designated representative of

the board and made known to the inmate in writing not later than 90 days following

the commencement of the sentence. In the case of an inmate sentenced to a county penal institution such notice shall

be made pursuant to subsection g. of this section. Each inmate shall be given the opportunity to acknowledge in writing the receipt

of such computation. Failure or refusal by the inmate to acknowledge the receipt of such computation

shall be recorded by the board but shall not constitute a violation of this subsection. j. Except as provided in this subsection, each inmate sentenced pursuant to N.J.S.2A:113-4 for a term of life imprisonment, N.J.S.2A:164-17 for a fixed minimum and maximum term or subsection b. of N.J.S.2C:1-1 shall not be primarily eligible for parole on a date computed pursuant to this section,

but shall be primarily eligible on a date computed pursuant to P.L.1948, c. 84 ( C.30:4-123.1 et seq. ), which is continued in effect for this purpose. Inmates classified as second, third or fourth offenders pursuant to section 12 of

P.L.1948, c. 84 ( C.30:4-123.12 ) shall become primarily eligible for parole after serving one-third, one-half , or two-thirds of the maximum sentence imposed, respectively, less in each instance

commutation time for good behavior and credits for diligent application to work and

other institutional assignments; provided, however, that if the prosecuting attorney

or the sentencing court advises the board that the punitive aspects of the sentence

imposed on such inmates will not have been fulfilled by the time of parole eligibility

calculated pursuant to this subsection, then the inmate shall not become primarily

eligible for parole until serving an additional period which shall be one-half of

the difference between the primary parole eligibility date calculated pursuant to

this subsection and the parole eligibility date calculated pursuant to section 12

of P.L.1948, c. 84 ( C.30:4-123.12 ). If the prosecuting attorney or the sentencing court advises the board that the punitive

aspects of the sentence have not been fulfilled, such advice need not be supported

by reasons and will be deemed conclusive and final. Any such decision shall not be subject to judicial review except to the extent mandated

by the New Jersey and United States Constitutions. The board shall, reasonably prior to considering any such case, advise the prosecuting

attorney and the sentencing court of all information relevant to such inmate's parole

eligibility. k. Notwithstanding any provisions of this section to the contrary, a person sentenced

to imprisonment pursuant to paragraph (2), (3) , or (4) of subsection b. of N.J.S.2C:11-3 shall not be eligible for parole. l . Notwithstanding the provisions of subsections a. through j. of this section, the

appropriate board panel, as provided in section 1 of P.L.1997, c. 214 ( C.30:4-123.51c ), may release an inmate serving a sentence of imprisonment on medical parole at any

time.