Prison Term After Revocation: Current Prisoners Provided for

(a) A parolee whose parole is revoked for violation of the conditions of parole shall be recommitted for the term provided by Subsection (c) of § 80.70 after credit thereon for the period served on parole prior to the violation. (b) A parole whose parole has been revoked may be considered by the board for re-parole at any time. He shall be considered for re-parole not more than six months after reconfinement. (c) Persons recommitted for violation of parole prior to the effective date of this Section shall, with their consent, have their maximum term of imprisonment recomputed in accordance with Subsection (a), or set at six months following the operative date of this Section, whichever period shall be longer. All such persons shall be considered by the board for re-parole in accordance with Subsection (b). The remaining period of incarceration eliminated from the person’s sentence shall constitute a term of parole. SOURCE: Compare Govt. Code §§ 39112, 39118, M.P.C. § 305.17; *N.J.S. 30.4-123.24. CROSS-REFERENCES: § 80.70 When Parole Permitted. COMMENT: There is no provision in § 80.86 for the forfeiture of good time or for special treatment if the parolee commits a new offense. Under this Chapter, responsibility for sentencing the parole violator for the crime constituting the ground for revocation is placed on the hands of the sentencing court. On the other hand, the duration of the re- imprisonment on revocation is fixed under § 80.70. Subsection (c) makes clear that the benefits of this Section apply to present parole violators who face periods of incarceration which extend beyond those which would be applied under Subsection (d). Thus, Subsection (c) provides that, with the consent of the inmate, the maximum term of his confinement shall be recomputed as provided by this Article, or set at six months following the effective date of this Section. The six-months alternative is intended to allow the parole board time to recompute all affected sentences. Subsection (c) further provides that the period of incarceration eliminated shall constitute a term of parole. This is consistent with the policy of providing all inmates with a period of supervision upon release from the correctional institution. The consent of the inmate is necessary, otherwise, questions of ex post facto would most certainly arise.