Buncie v. Department of Corrections

The opinion of the court was delivered by

PARRILLO, J.A.D.

In these back-to-back appeals, consolidated for opinion purposes, appellants challenge, as violative of equal protection and due process, N.J.S.A. 30:4-140, which denies state prisoners commutation credit toward parole eligibility for the period of their presentence jail incarceration, while those released on bail or personal recognizance prior to sentence receive full allowance of commutation credit for the entire period of prison confinement. Specifically, they argue that the denial of commutation credits deprives them of a protected…