Jose Camilo v. New Jersey State Parole Board

CourtNew Jersey Superior Court Appellate Division
DecidedOctober 28, 2025
DocketA-2116-22
StatusUnpublished

This text of Jose Camilo v. New Jersey State Parole Board (Jose Camilo v. New Jersey State Parole Board) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jose Camilo v. New Jersey State Parole Board, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2116-22

JOSE CAMILO,

Appellant,

v.

NEW JERSEY STATE PAROLE BOARD,

Respondent. ____________________

Submitted April 30, 2024 – Decided May 13, 2024. Remanded by the Supreme Court September 30, 2025. Resubmitted October 8, 2025 – Decided October 28, 2025

Before Judges Mayer and Augostini.

On appeal from the New Jersey State Parole Board.

Jose Camilo, appellant pro se.

Matthew J. Platkin, Attorney General, attorney for respondent (Janet Greenberg Cohen, Assistant Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief).

PER CURIAM This matter is before us on remand from the Supreme Court for

reconsideration in light of Fred Krug v. New Jersey State Parole Board, 261 N.J.

477 (2025). For the reasons that follow, we vacate the February 22, 2023 final

agency decision by the New Jersey Parole Board (Board), and remand for a

review of a second request for parole submitted by Jose Camilo.

We briefly summarize the relevant facts guiding our review. In 1982, a

jury convicted Camilo of murder, attempted murder, aggravated assault,

possession of a weapon for unlawful purpose, and terroristic threats . Camilo

committed these offenses in 1980.

Initially, the judge sentenced Camilo to life in prison for murder , with a

twenty-five-year period of parole ineligibility, and a consecutive term of twenty-

years for aggravated assault, with a ten-year period of parole ineligibility. The

murder conviction was merged with the aggravated assault conviction. After a

successful petition for post-conviction relief, Camilo's sentence for aggravated

assault was amended to ten-years in prison, with a five-year period of parole

ineligibility, concurrent to the life sentence for murder.

Camilo became eligible for parole in 2012 and again in 2022. Both times,

the Board denied parole and established a future eligibility term (FET). We

affirmed the Board's decisions. See Camilo v. N.J. State Parole Bd., No. A-445-

A-2116-22 2 17 (App. Div. Oct. 20, 2019); Camilo v. N.J. State Parole Bd., No. A-2116-22

(App. Div. May 13, 2024).

On September 30, 2025, the New Jersey Supreme Court granted Camilo's

petition for certification and summarily remanded the matter to this court . On

remand, the Court requested we reconsider the Board's denial of Camilo's second

request for parole in light of its decision in Krug.

In Krug, the Court reviewed the history of the Parole Act of 1948, N.J.S.A.

30:4-123.1 to -123.12 (repealed by L. 1979, c. 441 § 27, eff. April 21, 1980),

the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.76, and the 1997

amendments to the 1979 Parole Act. The Court also considered the evolving

case law guiding review of parole applications.

The Parole Act of 1948 allowed the Board to consider all existing records

in reviewing parole applications. L. 1948, c. 84 § 9. The Parole Act of 1979

limited the Board to consideration of only "new information" in reviewing

parole applications. L. 1979, c. 771 § 12(c). One of the 1997 amendments to

the 1979 Parole Act abolished the new information limitation and allowed the

Board to consider all relevant information for second or subsequent parole

hearings. L. 1997, c. 213 § 2 (codified at N.J.S.A. 30:4-123.56(c)).

A-2116-22 3 Like the petitioner in Krug, Camilo argued retroactive application of the

1997 amendment to the N.J.S.A. 30:4-123.56 limited his chance of obtaining

release and increased his sentence in violation of the ex post facto clauses of the

federal and state constitutions. See N.J. Const. art IV § 7, ¶ 3; U.S. Const. art I,

§ 10, cl.1. Camilo claimed the Board's retroactive application of the 1997

amendments "increased [his] time in prison by repeatedly relying on the nature

of the offense to deny him parole again and keep him incarcerated." He further

asserted the Board considered old information it previously considered in

denying his first parole application. Additionally, he claimed the Board was

obligated to release him unless it provided new evidence that he would reoffend

if released.

In rejecting Camilo's ex post facto argument, the Board noted the 1979

Parole Act was amended by the Legislature in 1997. See L. 1997, c. 213. Under

the 1997 amendments, the Board denied Camilo's second application for parole,

explaining it was

no longer restricted to considering only new information at each time of parole consideration. The Board note[d] that the Supreme Court of New Jersey ruled . . . the 1997 amendment eliminating consideration of "new information" with respect to subsequent parole applications after denial of parole was a procedural modification that did not constitute a substantive change in parole release criteria, and thus,

A-2116-22 4 application of the amendment to an inmate who was sentenced prior to 1997 does not violate the ex post factor clause.

The Krug Court clarified some "confusion" in prior state and federal court

opinions addressing ex post facto challenges to the 1979 Act and 1997

amendments. 261 N.J. at 493. After addressing misstatements in state and

federal case law addressing ex post facto challenges to denial of parole

applications, the Court explained the focus is not on procedural modifications

which did not substantively change the parole release criteria. Id. at 495. The

Court explained "[t]he critical inquiry is whether the statute realistically

produces a sufficient risk of increasing the measure of punishment as to offend

the constitutional prohibition" under the ex post facto clause. Id. at 496 (quoting

Trantino v. N.J. State Parole Bd., (Trantino V), 331 N.J. Super. 577, 610 (App.

Div. 2000)). Thus, the "controlling inquiry" in a parole context "is whether the

retroactive application of a parole law 'creates a significant risk of prolonging

incarceration.'" Ibid. (quoting Garner v. Jones, 529 U.S. 244, 250-52 (2000)).

The Board's February 22, 2023 denial of Camilo's second parole

application reasoned there was no change in the parole criteria under the 1997

amendments because the modifications were procedural rather than substantive.

The Court's decision in Krug expressly rejected such reasoning for denying

A-2116-22 5 parole to those inmates who are subject to the 1979 Parole Act based on the date

they committed their crimes. Id. at 497 ("To the extent that Trantino V has been

read to mean that procedural changes cannot violate the [s]tate or [f]ederal [e]x

[p]ost [f]acto clauses, it is hereby overruled.")

Camilo's offenses took place in 1980. Thus, the law governing review of

his parole applications was the 1979 Parole Act.1 The 1979 Parole Act limits

the Board to consideration of "new" information in deciding second or

subsequent parole applications. L. 1979, c. 771 § 12(c). Additionally, the 1979

Parole Act expressly created a presumption in favor of release of the inmate and

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Related

Garner v. Jones
529 U.S. 244 (Supreme Court, 2000)
State v. Knight
678 A.2d 642 (Supreme Court of New Jersey, 1996)
Trantino v. NJ State Parole Bd.
752 A.2d 761 (New Jersey Superior Court App Division, 2000)
New Jersey State Parole Board v. Byrne
460 A.2d 103 (Supreme Court of New Jersey, 1983)

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