Search Rutgers Law Library N.J. Court Opinions

1 State v. F.E.D. -- rank: 1000

... considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a court to order the release of an inmate ... inmate’s suffering from “a permanent physical incapacity,” N.J.S.A. 30:4-123.51e(f)(1). Petitioner F.E.D., now seventy-three years ... Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included attestations of “medical diagnosis . . . made ... F.E.D. “meets the medical conditions established” by N.J.S.A. 30:4-123.51e. Pursuant to N.J.S.A. 30:4-123.51e(d)(1), the Commissioner issued a Certificate of Eligibility for ... E.D. filed a petition for compassionate release pursuant to N.J.S.A. 30:4-123.51e. The trial court held an evidentiary hearing on the ...

docket:	a-12-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:
citation:
Document Size:	100834

2 STATE OF NEW JERSEY v. A.M. -- rank: 965

... because information contained in a petition for compassionate release under N.J.S.A. 30:4-123.51e, and 'comments submitted by a recipient' of the petition 'in ... not authorized to receive or review the information or comments.' N.J.S.A. 30:4-123.51e(e)(4); see also State v. F.E.D., 469 ... 04-21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e' (Feb. 1, 2021) ('The petition, responses, and information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). Public Defender, attorney; Alison Gifford, of counsel and ... a medical facility pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. Subsection (f)(1) of the CRA authorizes a court to ... be released would not pose a threat to public safety.' N.J.S.A. 30:4-123.51e(f)(1). Here, the court conducted hearings, determined A. ...

docket:	a3010-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Published
citation:
Document Size:	74418

3 STATE OF NEW JERSEY v. F.E.D., -- rank: 774

... compassionate release.' L. 2020, c. 106, § 1 (codified at N.J.S.A. 30:4- 123.51e); see also N.J.S.A. 30:4-123.51c ... he suffered from a 'permanent 1 We use initials because N.J.S.A. 30:4-123.51e(e)(4) declares: 'The information contained in the petition and ... 04–21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e,' at 2 (Feb. 1, 2021) ('The petition, responses, and information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). We withhold comment on the wisdom of the ... release 'would not pose a threat to public safety.' See N.J.S.A. 30:4-123.51e(d), (f), (l). After the hearing, the court denied his ... inmates 'compassionate release' regardless of their parole - eligibility date, see N.J.S.A. 30:4-123.51e(f)(1) (stating that such release is '[n]otwithstanding' ...

docket:	a2554-20
court:	NJ Superior Court Appellate Division
decided:	2021-08-16
status:	Published
citation:
Document Size:	62080

4 /usr/local/share/www/libweb/collections/courts/supreme/a-56-57-21.opn.html -- rank: 750

... the statute’s medical and public safety requirements. The CRA, N.J.S.A. 30:4-123.51e, expressly repealed the medical parole statute, under which the State ... a permanent physical incapacity, the conditions established in accordance with [N.J.S.A. 30:4-123.51e(h)] under which the inmate would be released would not ... statutory limits placed on the disclosure of medical information in N.J.S.A. 30:4-123.51e(e)(4) and the interest of public access to information ... inmate meets the law’s medical and public safety conditions. N.J.S.A. 30:4-123.51e(a), (f)(1). The word “may” generally conveys that ... members about “any harm” they “suffered.” 3 N.J.S.A. 30:4-123.51e(e)(2), (f)(1). Consistent with the text and history ... of the Court. The Legislature enacted the Compassionate Release Act, N.J.S.A. 30:4- 123.51e, in 2020. The new law provides for the release ...

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Document Size:	78397

5 M.R. VS. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 609

... eligibility for compassionate release under the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e.2 M.R. contends the DOC's decision was arbitrary ... would be required if the inmate is granted compassionate release. [N.J.S.A. 30:4-123.51e(b).] See also A.M., 252 N.J. at 440 ... that an inmate has six months or less to live.' N.J.S.A. 30:4-123.51e(l); see also A.M., 252 N.J. at 440 ... care, and did not exist at the time of sentencing.' N.J.S.A. 30:4-123.51e(l); see also A.M., 252 N.J. at 440. '[T]he term 'activities of basic daily living' in N.J.S.A. 30:4-123.51e(l) includes eating, mobility, bathing, dressing, using a toilet, and ... more activities of basic daily living.' Id. at 531 (quoting N.J.S.A. 30:4-123.51e(1)). 'If an inmate is diagnosed with a terminal ...

docket:	a2825-22
court:	appellate
decided:	2024-04-17
status:	Published
citation:
Document Size:	36281

6 STATE OF NEW JERSEY v. C. P. -- rank: 544

... initials to refer to defendant C.P. as required by N.J.S.A. 30:4- 123.51e(e)(4). See also State v. F.E.D., 251 ... court for release pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. C.P. currently suffers from a combination of debilitating medical ... P established both the medical and public safety factors under N.J.S.A. 30:4-123.51e. The court stated: There is no doubt that C.P ... before an inmate may petition for release under the CRA. N.J.S.A. 30:4-123.51e(f)(2). The DOC must 'promptly issue' the certificate if ... suffering from a terminal condition, disease . . . or permanent physical incapacity.' N.J.S.A. 30:4-123.51e(d)(2). A 'permanent physical incapacity' is defined as 'a ... would be entitled to notice regarding the inmate's parole. N.J.S.A. 30:4-123.51e(e)(2). The victims as well as friends and ...

docket:	a2400-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	29430

7 State v. David Chavies -- rank: 433

... intent of the Legislature. The recently enacted Compassionate Release Statute, N.J.S.A. 30:4-123.51e, provides that notice must be given to victims or the ... the Legislature’s recent enactment of the Compassionate Release Statute, N.J.S.A. 30:4-123.51e. The statute addresses the issue of an inmate’s diagnosis ... op. at see ante 20) (discussing the Compassionate Release Statute, N.J.S.A. 30:4-123.51e), referred to in the majority opinion, in no way limits ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
status:
citation:
Document Size:	75948

8 STATE OF NEW JERSEY v. AMALIA MIRASOLA -- rank: 223

... her petition for release under the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e — defendant's daughter denied her father ever abused her ...

docket:	a0885-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-01
status:	Unpublished
citation:
Document Size:	22560