New Jersey Assembly Committee Advances Legislation to Prioritize Treatment Over Incarceration

The Assembly Judiciary Committee voted 4-1, with one abstention, to advance the Substance Abuse Accountability and Recovery Act (SAARA), A5311. The legislation would strengthen New Jersey’s supervision system through evidence-based reforms that prioritize treatment over incarceration for those struggling with addiction, support rehabilitation, and protect public safety.

The legislation is led by Assemblywoman Shanique Speight, with Senate companion S4492 led by Senator Andrew Zwicker.

More than a dozen advocates, service providers and people directly affected by supervision testified in support, including REFORM Alliance CEO Jessica Jackson, Edwin “Chino” Ortiz of the Returning Citizens Support Group, Joseph Russo of the New Jersey Office of the Public Defender, John Butler of the ACLU of New Jersey and Kathy Waters of the Urban League of Union County. Their testimony underscored how incarceration for noncriminal violations can cost people their jobs and housing, separate families and interrupt recovery. Several additional organizations submitted written statements of support for the bill.

More than 70% of people in New Jersey prisons struggle with substance use disorder, which often follows them home after they’ve been released. While a relapse is an expected part of the recovery process, in New Jersey it can trigger a return to prison for a non-criminal violation, even without new charges. This interrupts care and puts jobs, housing, and family relationships at risk.

“If someone on parole puts another person in danger, the system must act swiftly. But a relapse or a missed appointment may call for treatment and support, not another prison term,” said Assemblywoman Shanique Speight. “SAARA would give officers and the Parole Board more options to respond without cutting people off from the care, jobs, and family support that help them succeed. We can hold people accountable, protect our communities, and give recovery a real chance.”

New Jersey incarcerates approximately 1,100 people on any given day for non-criminal parole violations, at an annual cost of about $90 million. The average time served in state prison for such a violation exceeds 14 months.

“I’m a New Jersey mom of four,” said Jessica Jackson, CEO of REFORM Alliance. “I believe deeply in public safety. I want my children to grow up in safe communities. And I want a justice system that holds people accountable, while addressing the underlying problems that contribute to crime. I’m not the only mom who feels this way. On the petition in support of this bill, which has over 2,500 signatures, 75% of signatories are women over 40, many of them who are moms like me. This bill gives New Jersey more ways to choose treatment and community-based support over incarceration for noncriminal violations. That means more opportunities to address the underlying problem while holding somebody responsible for doing the work to really change their lives.”

The legislation would:

• Prioritize treatment and recovery. Allow the Parole Board to direct people to community-based treatment and reentry services instead of reincarceration following a non-criminal violation.
• Recognize sustained progress. Require parole officers to recommend early discharge for eligible people who remain fully compliant, demonstrate rehabilitation, and pose no public safety risk. The Parole Board retains discretion and people convicted of sex offenses or those covered by the No Early Release Act would be excluded.
• Limit reincarceration for non-criminal violations. Cap reincarceration at 364 days for violations that do not involve new criminal charges and place individuals serving qualifying terms of incarceration in county jails closer to their families and support.
• Strengthen due process. Require review of parole arrest warrants within seven days and disclosure of specified evidence at least 48 hours before a revocation hearing.

“SAARA gives New Jersey the chance to break a costly cycle of reincarceration and further a supervision system that helps people turn a second chance into lasting stability and success,” said Erin Haney, Chief Policy Officer at REFORM Alliance. “States across the political spectrum have shown that reducing unnecessary incarceration, prioritizing treatment, and protecting public safety go hand in hand. New Jersey can build on that progress and lead the way: public safety built on second chances, not second sentences.”

“SAARA would give people who have earned it a clear path to completing supervision,” said Senator Andrew Zwicker “while allowing officers to focus on cases that pose greater public safety risks. Our goal should be a New Jersey where people can come home and leave the justice system behind them for good and build a future they are proud of.”

“The parole system should recognize meaningful rehabilitation rather than impose excessive punishment for a minor setback,” said New Jersey Public Defender Jennifer Sellitti. “Yet in New Jersey, 99% of people facing parole revocation are incarcerated while awaiting a hearing, before any determination has been made about whether revocation is warranted. That detention can cost someone a job, a home, and the stability they have worked to rebuild. SARA strengthens due process, creates a clear path to early discharge for eligible individuals, and ensures fair, proportionate responses to violations. This legislation advances accountability and public safety by directing supervision resources where they are most needed.”

“Every Thursday at our support group, I see people who are determined to rebuild their lives. They’re looking for work, trying to secure housing, and doing their best to be present for their families,” said Edwin “Chino” Ortiz, Executive Director and Co-founder of the Returning Citizens Support Group. “Sending people back to prison for technical parole violations disrupts that progress and sets them back. With the right treatment, resources, and support, people can continue building their lives, strengthening their families, and contributing to their communities rather than being forced to start over.”

“Under current laws, people accused of non-criminal parole violations are often reincarcerated for actions that pose no threat to public safety. That undermines rehabilitation, and it isn’t keeping anyone safer,” said John Butler, Political Director for the ACLU of New Jersey. “Accountability should be measured by what keeps New Jersey safe, not by how long a person can be held for a technical violation. We’re grateful to Asw. Speight, Asm. Danielsen, and Asw. Reynolds-Jackson for their leadership in sponsoring this bill, and to the Assembly Judiciary Committee for taking action to reform our parole system and create a fairer system for New Jersey.”

REFORM Alliance and coalition partners thanked Assemblywoman Speight, Senator Zwicker, and members of the Assembly Judiciary Committee for their work on the legislation.

SAARA still needs approval from the full Assembly, the Senate Judiciary Committee, and the full Senate before reaching the governor’s desk to be signed into law.

A recording of today’s proceedings can be found on the Judiciary Committee website and an unofficial transcript is available upon request.