Cases | In re Application of Trantino, 446 A.2d 104 (N.J. 1982) | 2018
After an inmate's death sentence was commuted to life imprisonment for intentional homicide, the State Parole Board conducted proceedings under the Parole Act of 1979, N.J. Stat. Ann. § 30:4-123.45 et seq., and parole was recommended subject to conditions that included restitution. The parole board requested the superior court to determine the amount of restitution. The superior court determined that it was impossible to fix an amount of restitution because that would entail placing a value on human life and remanded the matter back to the parole board. The parole board appealed the trial court’s order refusing to fix the amount of restitution. The appellate court affirmed the trial court's order and reversed the imposition of the restitution as a condition of parole. Both the inmate and the parole board appealed to the state supreme court and sought review of the appellate court’s holding. The supreme court modified the trial court's order and remanded to the parole board further proceedings. The court determined that restitution could be imposed as a condition of parole on an inmate convicted of intentional homicide because it furthered both goals of rehabilitating of the offender and the preventing of the recurrence of future criminal conduct. The court interpreted the Parole Act of 1979 as requiring the parole board to be responsible for determining the elements used in calculating the restitution amount per the following requirements. First, the payment amount was realistically limited. The court reasoned a restitution amount should not include the valuation of life, permanent injury, pain and suffering, loss of companionship, services, nurture, support, other indirect losses, or costs not readily demonstrable through an objective basis. Second, that in the homicide context the payment was made to those most affected by the criminal acts. Third, that restitution was related to the parolee's ability to pay. Finally, that restitution was directly related to the offense and the attitude of the offender.