one-third of sentence imposed, where no mandatory
minimum term has been imposed, less commutation and
work credits. N.J.S.A. 30:4-123.51.
IX. RELEASE OF ADULT COUNTY INMATES
Prisoners in county penal institutions become
eligible for parole after serving either 60 days of the
aggregate sentence or one-third of the aggregate sentence
(less commutation credits), whichever is greater.
N.J.S.A. 30:4-123.51(a) and (g). Due to these shorter
periods of time, notice of parole eligibility is given to the
prosecutor by the court at the time of sentence rather
than by the Parole Board. N.J.S.A. 30:4-123.51(g). The
prosecutor remains entitled to be heard by the Board on
the issues of parole and the imposition of any special
parole conditions. Id.
X. RELEASE OF SEX OFFENDERS
An offender sentenced to the Adult Diagnostic and
Treatment Center (ADTC) at Avenel, is within the
custody of the Department of Corrections, which is
responsible for providing his treatment. N.J.S.A. 2C:47-
- Each adult inmate sentenced to Avenel shall become
eligible for parole upon the recommendation of the
special classification review board, except that no such
inmate shall be eligible prior to the expiration of any
parole ineligibility term. N.J.S.A. 30:4-123.51(e). Such
inmates shall be released on parole when the Parole Board
is satisfied that he is “capable of making an acceptable
social adjustment in the community.” N.J.S.A. 2C:47-
The parole standard for sex offenders was amended,
effective December 1, 1998, to provide that sex offenders
whose conduct was not characterized by a pattern of
repetitive and compulsive behavior, the standard for
sentence to Adult Diagnostic and Treatment Center
(ADTC or Avenel) or is not amenable to sex offender
treatment shall be primarily eligible for parole after
having served any judicial or statutory mandatory
minimum term or one third of the sentence imposed
where no parole ineligibility term has been imposed.
Neither term shall be reduced by commutation or work
credits. N.J.S.A. 30:4-123.51e(1).
All other sex offenders (Avenel inmates who are
amenable to treatment) shall be eligible for parole
pursuant to N.J.S.A. 2C:47-5, but not prior to the
expiration of any parole ineligibility term. N.J.S.A. 30:4-
123.51e(2).
N.J.S.A. 2C:47-5 provides that inmates serving a sex
offender sentence at the ADTC shall be referred by the
special classifications review board to the State Parole
Board for parole consideration if the offender has achieved
a satisfactory level of progress in sex offender treatment.
The offender shall be released on parole unless the Parole
Board determines that the information in the preparole
report indicates by a preponderance of the evidence, that
the offender has failed to cooperate in his or her own
rehabilitation or that there is a reasonable expectation
that the offender will violate conditions of parole if
released at that time. N.J.S.A. 2C:47-5a.When a sex offender has not met the standard for
parole in N.J.S.A. 2C:47-5a but is scheduled for release
(maxed out), not less than 90 days prior to that date, the
Chief Executive Officer of the ADTC shall notify the
County Prosecutor and the Attorney General of the
offender’s scheduled release date. N.J.S.A. 2C:47-5d(1).
The officer shall also provide his or her opinion and all
reports, records and assessments relevant to determining
whether the offender may be in need of “involuntary civil
commitment”, N.J.S.A. 30:4-27.2, or whether the
offender may be a “sexually violent predator”, N.J.S.A.
30:4-27.26. See N.J.S.A. 2C:47-5d; N.J.S.A. 30:4-
27.27b. Upon receipt of the above information, the
Attorney General or county prosecutor may initiate court
proceedings for the involuntary commitment of the
offender under N.J.S.A. 30:4-82.4 (involuntary civil
commitment) or N.J.S.A. 30:4-27.28 (sexually violent
predator).Megan’s Law amendments to civil commitment
statute could be applied retroactively. Matter of D.C.,
146 N.J. 31 (1996); In Re Civil Commitment of J.G., 322
N.J. Super. 309, 316 (App. Div. 1999).Under Megan’s Law amendments and civil
commitment statute, involuntary commitment proceed-
ings against sex offender whose release from custody was
imminent could be initiated by any county prosecutor,
not just the prosecutor from the county that had
originally committed the inmate. Matter of Civil
Commitment of G.A., 309 N.J.Super. 152 (App. Div.
1998).In Artway v. Pallone, 672 F.2d 1168, 1180 (3 Cir.
1982), the Third Circuit held that the New Jersey Sex
Offender Act and the standards used for determining
parole eligibility under the 1979 Act did not violate the
due process clause of the Fourteenth Amendment.