Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is the same in both appeals: “Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate ‘is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,’ the inmate ‘would not pose a threat to public safety,’ under N.J.S.A. 30:4-123.51e(f)(1)?”

In Oliver, the Law Division in February 2022 found that it had discretion under these circumstances and denied compassionate release. The case was apparently pending in the Appellate Division when the Supreme Court granted review.

In May 2022, a three-judge panel of the Appellate Division held in A.M. that trial courts do not have discretion to deny compassionate release if the statutory criteria are met. The court reversed a Law Division decision that had denied compassionate release in those circumstances. That Appellate Division decision was approved for publication but does not yet have an official reporter citation. It is available at 2022 N.J. Super. LEXIS 57 and 2022 WL 1296601.