30:4-123.100 Public health emergency credits.
1. a. In addition to credits awarded pursuant to R.S.30:4-92; section 3 of P.L.2009, c.330 (C.30:4-92a); and R.S.30:4-140, whenever a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), has been declared by the Governor and is in effect, the commissioner also shall award inmates public health emergency credits in accordance with this section if the public health emergency:
(1) arises as a result of a communicable or infectious disease; and
(2) results in substantial modifications to department-wide correctional facility operations.
b. Except as provided in subsection d. of this section, public health emergency credits shall be awarded to any inmate in the custody of the Commissioner of Corrections who: (1) is serving a sentence or receiving jail credits applicable to the sentence; and
(2) is scheduled to be released from the custody of the Commissioner of Corrections within 365 days.
c. The public health emergency credits awarded pursuant to this section shall provide further remission from both the maximum and minimum 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. An inmate shall not be awarded public health emergency credits in excess of 244 days of remission for any declared emergency.
d. Public health emergency credits shall not be awarded to an inmate serving a sentence in a State correctional facility for:
(1) murder pursuant to N.J.S.2C:11-3;
(2) aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2; or
(3) any offense enumerated in N.J.S.2C:47-1 and whose conduct was characterized by a pattern of repetitive, compulsive behavior.
e. Nothing in this section shall be deemed to limit an inmate's eligibility for parole consideration as provided for in section 10 of P.L.1948, c.84 (C.30:4-123.1 et seq.).
f. An inmate who was in the custody of the Commissioner of Corrections during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic shall receive public health emergency credits in accordance with this section.
g. An inmate scheduled to be released from the custody of the Commissioner of Corrections following an award of public health emergency credits pursuant to this section shall be released on the scheduled release date based on the award of public health emergency credits.
h. An inmate who is released from custody following an award of public health emergency credits pursuant to this section shall be prohibited from making contact with any victim of the crime for which the inmate was serving a sentence, as set forth in section 5 of P.L.2020, c.111 (C.30:4-123.103), which prohibition shall remain in force until the time that the inmate was scheduled to be released from custody prior to the award of public health emergency credits.
i. Prior to releasing an inmate from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall:
(1) notify the inmate in writing of the prohibition against making contact with any victim of the crime for which the inmate was convicted pursuant to section 5 of P.L.2020, c.111 (C.30:4-123.103);
(2) notify the inmate in writing that a violation of the prohibition against contact with a victim is a crime of the fourth degree;
(3) require the inmate to acknowledge in writing the receipt of the written notifications related to the contact prohibition provided pursuant to this subsection.
j. In addition to the requirements set forth in subsection i. of this section and any other relevant provision under current law related to the provision of information and services to inmates, prior to releasing an inmate from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall compile and disseminate to inmates information concerning organizations and programs, whether faith-based or secular programs, which provide assistance and services to inmates reentering society after a period of incarceration.
k. Within 30 days prior to an inmate's release from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall provide any available information related to the inmate's:
(1) eligibility for Medicaid;
(2) housing information;
(3) identification information; and
(4) eligibility for any other benefits and services.
l. Subject to the availability of the testing resources of the Department of Corrections, an inmate shall be tested for COVID-19 prior to the inmate's release from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) if the inmate is released during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic.
L.2020, c.111, s.1.