New Jersey State Parole Board v. Byrne

The opinion of the Court was delivered by

O’HERN, J.

These appeals question the constitutionality of the method by which defendants were given half-step reductions of the advanced parole eligibility dates otherwise granted to previously sentenced multiple offenders under the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.69 (L.1979, c. 441) (hereinafter “Parole Act”). Specifically, defendants challenge N.J.S.A. 30:4— 123.51(j), which allows a sentencing judge or prosecutor to block a full-step reduction for a multiple offender without explanation by advising the Parole Board that the punitive…