As reported by nj.com, after two months of stinging recriminations and heated controversy, Governor Chris Christie signed legislation to end the early release of inmates. Christie has blamed the early-release program for two killings allegedly committed by former inmates allowed out of prison months ahead of schedule.

“From a public policy and public safety point of view, the statutory early-release law was a disaster,” he said in a statement. “Repeal should have happened 10 months ago, when we predicted and warned of the tragic circumstances that would follow if this law remained in effect.” Christie added, “Our communities and the safety of our citizens must get first consideration, and repeal of this law accomplishes that.”

The governor’s signature canceled the release of four inmates yesterday and 14 scheduled to be released today. About 400 inmates had been released early since the program began on January 3. 

A war of words broke out in March between Christie and Assemblywoman Bonnie Watson-Coleman, who sponsored the program, after it was disclosed that two former inmates had been charged with homicide after being released early. Christie blamed Watson Coleman for the deaths, while she said his administration failed to properly supervise former inmates.

Watson Coleman has argued that the program would improve public safety because inmates released early would be under state supervision rather than finishing sentences with no strings attached. Yesterday, she expressed concern that the state had “taken a step backward” in its effort to reduce recidivism.

The controversy over the early-release program dates to its signing by Governor Jon Corzine on his last day in office. When he approved Watson Coleman’s bill last year, Corzine attached a signing statement saying he expects the early-release provision “will not become effective.”

Christie and Watson Coleman have fought over what that meant. Coleman said she only committed to ensuring inmates were not released before their first parole dates; Christie said she broke her promise to roll back the entire program.

The bill signed by Christie yesterday also restores more discretion to the Parole Board, allowing it to determine an inmate’s parole eligibility rather than being required to review each case every three years. “These are decisions that belong not with the lawmakers but with professionals who have taken on this responsibility for decades,” Christie said.

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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.