Criminal Legal Reform Advocates Applaud NJ’s Technical Parole Reform Legislation

Criminal legal reform advocates applaud the introduction of the Substance Abuse Recovery and Supervision Accountability Act (A6206/S5000) which would ensure that technical parole violations do not automatically lead to people being reincarcerated. If passed, this legislation would be meaningful progress toward repairing New Jersey’s parole system, advancing public safety, reducing unnecessary incarceration, strengthening reentry outcomes, and using taxpayer dollars responsibly.

Technical parole violations sit at the epicenter of New Jersey’s mass incarceration crisis – people incarcerated for these kinds of violations account for 10 percent of the total New Jersey state prison population. Technical parole violations are not the result of new offenses; instead, they represent the very real challenges that people face upon reentry: transportation issues, unstable housing, changes in work schedules, and/or difficulty accessing treatment. These challenges do not reflect threats to public safety and therefore do not require reincarceration.

“Reincarcerating people for technical parole violations does not make our communities safer – it undermines the progress New Jersey has made at reducing its prison population and penalizes those who are working to rebuild their lives while facing the real challenges of reentry,” said Jim Sullivan, Deputy Policy Director of the ACLU of New Jersey. “New Jersey must save incarceration for people who pose a real threat to the public and give second chances to those who are working to succeed after release. The changes proposed in this legislation are critical to decarcerating New Jersey and move us closer to a more just criminal legal system rooted in racial and social justice. We thank Governor Murphy, Assemblywoman Speight, Senator Zwicker, and Senator Wimberly for their leadership, and urge the Legislature to immediately advance these bills during lame duck.”

Notably, the legislation would return to the 1979 parole standard of granting parole unless there is significant likelihood of committing a new crime, instead of a significant likelihood of violating a condition of parole. The bill also increases incentives for compliance with parole conditions, ends reincarceration for a positive drug test alone, provides additional due process guarantees, and limits incarceration for technical parole violations with time to be served in county jails.

“We applaud the sponsors for introducing legislation that takes an important step toward improving New Jersey’s broken parole system,” said Racquel Romans-Henry, Policy Director of Salvation and Social Justice. “At its core, this is a moral issue: we should not be incarcerating people for technical violations when they pose no threat to public safety and could instead be supported in their communities. Black people are disproportionately impacted by these policies, making reform not only urgent but a matter of racial justice. This bill moves the state in the right direction by recognizing that accountability does not have to mean incarceration. Still, we recognize that this is but a first step. There is more work to be done to ensure New Jersey’s parole system is grounded in fairness, dignity, and the belief that people deserve the opportunity to rebuild their lives without the constant threat of reincarceration looming over their lives.”

“We need to follow the evidence and stop punishing people who are struggling with their drug use when what they really need is healthcare and support," said Jenna Mellor, Executive Director of the New Jersey Harm Reduction Coalition. “Substance use disorder, what many people call addiction, is a chronic health issue, and returning to use is a medically recognized and expected symptom, not a reason for punishment. This legislation is a big step towards getting people the help they need and deserve by ending positive drug tests as the sole reason for reincarceration, but we can't stop here. This needs to be implemented and closely monitored, so no one is discriminated against for substance use disorder, and it needs to be followed by additional reforms to the parole, probation, and forced treatment systems.”

“Returning citizens want to succeed, yet the current system is often unforgiving – sending people back to prison for minor technical violations rather than new crimes,” said Edwin ‘Chino’ Ortiz, with the Returning Citizens Support Group. “Technical parole reform recognizes that accountability must be paired with meaningful support, not reincarceration. It gives returning citizens the opportunity to correct their course without derailing their progress or returning them to prison for non-criminal behavior.”

A6206/S5000 would also provide significant fiscal benefit to the state. While it costs over $6,000 a year to monitor someone on parole, it costs over $74,000 to incarcerate someone for the same amount of time. Reducing the reincarceration of people for technical violations will save New Jersey taxpayers millions of dollars a year, freeing up resources that could be reinvested in mental health treatment, substance-use programs, housing stabilization, and victim services – programs that truly strengthen community safety.

“REFORM has seen this firsthand through dozens of laws passed nationwide: when you prioritize treatment over incarceration and reward people who follow the rules, you get better outcomes for families and communities without compromising public safety,” said Jessica Jackson, CEO of REFORM Alliance. “Nearly 13,000 people on supervision in New Jersey could benefit from this legislation. People working to support their families, hold down jobs, and overcome addiction. This bill says we believe in them. We applaud Governor Murphy, Assemblywoman Speight, Senator Zwicker, Senator Wimberly, and all the supporting lawmakers for their leadership in bringing these proven reforms to New Jersey.”