As reported by nj.com, lawmakers moved toward eliminating the state’s controversial early-release program, which allows some inmates out of prison six months ahead of schedule. Governor Chris Christie and some lawmakers have blamed the program for two homicides allegedly committed by inmates released early.

Christie accelerated the program’s repeal with a conditional veto of related legislation intended to broaden the Parole Board’s discretion to review cases. The Senate approved the conditional veto, sending the measure to the Assembly.

“There are no more excuses left,” Christie spokesman Michael Drewniak said in a statement. “The Assembly must act immediately to repeal this dangerous failure of a law.”  Senators overwhelmingly backed repealing the program, but not without some debate. Senator Nia Gill criticized Christie for what she called personal attacks on Assemblywoman Bonnie Watson Coleman, who sponsored the program. Senator Ronald Rice, the only lawmaker to vote against repeal, was also critical, saying, “It wasn’t an assemblyman or a senator who killed these people.”

Others said ending the program was overdue. “Two New Jerseyans lost their lives because of inaction in this chamber,” Senator Tom Kean said. Assembly Speaker Sheila Oliver did not say how her caucus would vote on the issue, but said in a statement that “clearly concerns have been raised that warrant re-examination” of the program.

Since the program began on January 3, 363 inmates have been released early, according to the Parole Board. Twenty-two have been arrested for new crimes. That includes Antoine Trent and Tyree Brown, who were accused of attacking a police officer in Union Township last week. Another former inmate, Quamere Redding, has been charged with attacking and robbing a 49-year-old woman earlier this month in Bridgeton. All three of them had been denied parole before being released early through the program, according to Parole Board Executive Director David Thomas.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.