TRENTON, NJ – A bill advancing in the New Jersey Legislature would allow certain older inmates who have served lengthy prison terms to petition the court for release based on demonstrated rehabilitation and readiness to reenter society. The measure, Assembly Bill 4463, was reported favorably with amendments by the Assembly Public Safety and Preparedness Committee on January 5, 2026.
Under the amended bill, the Department of Corrections (DOC) would be required to issue a Certificate of Eligibility for Rehabilitative Release to any incarcerated person who is at least 60 years old and has served at least 20 years in custody, provided that the person was not convicted of murder, aggravated sexual assault, or classified as a repetitive, compulsive sex offender.
Once a certificate is issued, the inmate may file a petition for rehabilitative release in the Superior Court of the county where the original sentence was imposed. The Office of the Public Defender would represent petitioners unless they retain private counsel. The court would then hold a hearing to determine whether the petitioner qualifies for sentence modification or release.
At least 60 days before issuing the certificate, the DOC must notify the State Parole Board. The superintendent of the correctional institution would be required to submit a detailed report about the inmate’s conduct, participation in programs, and readiness for reentry. Victims and their families would receive notice of the hearing and be given an opportunity to provide written, recorded, or live testimony.
To grant release, the court must find by clear and convincing evidence that the inmate no longer poses a danger to the public, has made significant rehabilitative progress, and that modifying the sentence serves the interests of justice. Any person released under the program would be subject to a five-year period of parole supervision. The court’s decision would not become final for 10 days to allow for possible appeals by prosecutors or petitioners.
Committee amendments clarified that individuals convicted of murder or aggravated sexual assault, or those designated as repetitive or compulsive sex offenders, are ineligible for consideration. The amendments also require judges to grant sentence modifications when the legal criteria are met, rather than leaving release to judicial discretion.
The proposed legislation creates a framework for sentence review and release for aging inmates who have demonstrated rehabilitation after serving at least two decades in state custody.