SENATE, No. 4586

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 5, 2025

 

 

Sponsored by:

Senator  ANGELA V. MCKNIGHT

District 31 (Hudson)

Senator  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Establishes mitigating factor for sentencing of defendants who are victims of domestic violence and provides for resentencing and trauma-informed reentry support services.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning sentencing in certain criminal cases, amending N.J.S.A.2C:44-1, and supplementing Title 2C of the New Jersey Statutes and chapter 1B of Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2C:44-1 is amended to read as follows:

     2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:

     (1) The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner;

     (2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;

     (3) The risk that the defendant will commit another offense;

     (4) A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30 of this title, or the defendant took advantage of a position of trust or confidence to commit the offense;

     (5) There is a substantial likelihood that the defendant is involved in organized criminal activity;

     (6) The extent of the defendant's prior criminal record and the seriousness of the offenses of which the defendant has been convicted;

     (7) The defendant committed the offense pursuant to an agreement to either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;

     (8) The defendant committed the offense against a police or other law enforcement officer, correctional employee or firefighter, acting in the performance of the officer, employee, or firefighter duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of the person's duties or because of the person's status as a sports official, coach or manager; or the defendant committed the offense against any health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties.

     For the purposes of this paragraph, "health care facility" and "health care professional" mean the same as those terms are defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1);

     (9) The need for deterring the defendant and others from violating the law;

     (10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;

     (11) The imposition of a fine, penalty, or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

     (12) The defendant committed the offense against a person who the defendant knew or should have known was 60 years of age or older, or disabled;

     (13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle;

     (14) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16 years of age; and

     (15) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) and the defendant committed at least one act of domestic violence on more than one occasion.

     b.    In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:

     (1) The defendant's conduct neither caused nor threatened serious harm;

     (2) The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm;

     (3) The defendant acted under a strong provocation;

     (4) There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense;

     (5) The victim of the defendant's conduct induced or facilitated its commission;

     (6) The defendant has compensated or will compensate the victim of the defendant's conduct for the damage or injury that the victim sustained, or will participate in a program of community service;

     (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

     (8) The defendant's conduct was the result of circumstances unlikely to recur;

     (9) The character and attitude of the defendant indicate that the defendant is unlikely to commit another offense;

     (10) The defendant is particularly likely to respond affirmatively to probationary treatment;

     (11) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents;

     (12) The willingness of the defendant to cooperate with law enforcement authorities;

     (13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant; [and]

     (14) The defendant was under 26 years of age at the time of the commission of the offense; and

     (15) The defendant was a victim of domestic violence who was subjected to substantial physical, sexual, or psychological abuse inflicted by a current or former spouse, current or former member of the defendant's household, person with whom the defendant has a child in common or anticipates having a child in common if the person or defendant is pregnant, or any person with whom the defendant has had a dating relationship; and the abuse was a contributing factor to the defendant's criminal behavior. 

     c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding or imposing a sentence of imprisonment.

     (2) When imposing a sentence of imprisonment the court shall consider the defendant's eligibility for release under the law governing parole, including time credits awarded pursuant to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment.

     d.    Presumption of imprisonment.  The court shall deal with a person who has been convicted of a crime of the first or second degree, or a crime of the third degree where the court finds that the aggravating factor in paragraph (5), (14), or (15) of subsection a. of this section applies, by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that the defendant's imprisonment would be a serious injustice which overrides the need to deter such conduct by others.  Notwithstanding the provisions of subsection e. of this section, the court shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful taking of a motor vehicle and who has previously been convicted of either offense by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

     e.     The court shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section, except that this subsection shall not apply if the court finds that the aggravating factor in paragraph (5), (14) or (15) of subsection a. of this section applies or if the person is convicted of any of the following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding; strict liability vehicular homicide pursuant to section 1 of P.L.2017, c.165 (C.2C:11-5.3); if the person is convicted of a crime of the third degree constituting use of a false government document in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree constituting distribution, manufacture or possession of an item containing personal identifying information in violation of subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a crime of the third degree under paragraph (12) of subsection b. of N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or if the person is convicted of a crime of the third or fourth degree under the provisions of section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30).

     f.     Presumptive Sentences. (1) Except for the crime of murder, unless the preponderance of aggravating or mitigating factors, as set forth in subsections a. and b. of this section, weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a sentence of imprisonment is warranted, it shall impose sentence as follows:

     (a) To a term of 20 years for aggravated manslaughter or kidnapping pursuant to paragraph (1) of subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the first degree;

     (b) Except as provided in subparagraph (a) of this paragraph to a term of 15 years for a crime of the first degree;

     (c) To a term of seven years for a crime of the second degree;

     (d) To a term of four years for a crime of the third degree; and

     (e) To a term of nine months for a crime of the fourth degree.

     In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-6, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

     Unless the preponderance of mitigating factors set forth in subsection b. weighs in favor of a lower term within the limits authorized, sentences imposed pursuant to paragraph (1) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of life imprisonment.  Unless the preponderance of aggravating and mitigating factors set forth in subsections a. and b. of this section weighs in favor of a higher or lower term within the limits authorized, sentences imposed pursuant to paragraph (2) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 50 years' imprisonment; sentences imposed pursuant to paragraph (3) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 15 years' imprisonment; and sentences imposed pursuant to paragraph (4) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of seven years' imprisonment.

     In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-7, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

     (2) In cases of convictions for crimes of the first or second degree where the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands, the court may sentence the defendant to a term appropriate to a crime of one degree lower than that of the crime for which the defendant was convicted.  If the court does impose sentence pursuant to this paragraph, or if the court imposes a noncustodial or probationary sentence upon conviction for a crime of the first or second degree, the sentence shall not become final for 10 days in order to permit the appeal of the sentence by the prosecution.

     g.    Imposition of Noncustodial Sentences in Certain Cases.  If the court, in considering the aggravating factors set forth in subsection a. of this section, finds the aggravating factor in paragraph (2), (5), (10), or (12) of subsection a. of this section and does not impose a custodial sentence, the court shall specifically place on the record the mitigating factors which justify the imposition of a noncustodial sentence.

     h.    Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection d. of this section shall not preclude the admission of a person to the Intensive Supervision Program, established pursuant to the Rules Governing the Courts of the State of New Jersey.

     i.     If the court finds that the mitigating factor pursuant to paragraph (15) of subsection b. applies, the court may sentence the defendant to a period of probation or a term of imprisonment a follows:

     (1) for a crime of the fourth degree, a term of six months;

     (2) for a crime of the third degree, a term of up to one year but not more than three years;

     (3) for a crime of the second degree, a term of up to three years but not more than five years;

     (4) for a crime of the first degree, a term of up to five years but not more than 10 years.

     j.     A court may determine that the mitigating factor in paragraph (15) of subsection b. of this section applies, regardless of whether the defendant raised a defense that included the abuse.

     k.    In determining whether the mitigating factor in paragraph (15) of subsection b. of this section applies, the court shall consider oral and written arguments, take testimony from witnesses offered by either party, and consider relevant evidence to assist in making its determination.  Hearsay testimony admissible pursuant to the Rules of Court also shall be considered.

(cf: P.L.2023, c.48, s.2)

 

     2.    (New section) Motion for resentence; domestic violence cases. 

     a.  (1)  Notwithstanding any other provision of law, a person may petition the court for resentencing pursuant to this section if the person:

     (1) was convicted of an offense prior to the effective date of P.L.     , c.   (C.       ) (pending before the Legislature as this bill);

     (2) is confined to a correctional facility operated by the Department of Corrections;

     (3) is serving a sentence of eight years or more for an offense committed prior to the effective date of P.L.     , c.   (C.       ) (pending before the Legislature as this bill);

     (4) who has not had the sentence suspended or been paroled or discharged; and

     (5) would have been otherwise eligible for a lesser sentence if the mitigating factor under paragraph (15) of subsection b. of N.J.S.2C:44-1 had been available for consideration at the time of sentencing.  

     b.    The Public Defender shall, in the manner prescribed by P.L.1967, c. 43 (C. 2A:158A-1 et seq.), provide representation to any indigent defendant charged under the "Prevention of Domestic Violence Act of 1991," c.261 (C.2C:25-17 et seq.) who has demonstrated to the court eligibility for resentencing pursuant to this section. 

     c.     If the court finds that the person has not met the requirements to apply for resentencing pursuant to this section, the court shall dismiss the application without prejudice.

     d.    (1)  Upon receipt of an application for resentencing pursuant to this section, the court shall notify the prosecutor and provide the prosecutor with a copy of the application.

     (2)  An application for resentencing shall include at least two pieces of evidence corroborating the applicant's claim that the applicant was, at the time of the offense, a victim of domestic violence subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the applicant's family or household and such abuse was a contributing factor to the defendant's criminal behavior.

     (3)  At least one piece of evidence shall be either a court record, pre-sentence report, social services record, hospital record, sworn statement from a witness to the domestic violence, law enforcement record, domestic violence incident report, domestic violence restraining order, or order of protection. 

     (4)  Additional evidence may include, but shall not be limited to, local and Department of Corrections records; a showing based in part on documentation prepared at or near the time of the commission of the offense or the prosecution thereof tending to support the person's claim; or verification of consultation with a licensed medical or mental health care provider, employee of a court acting within the scope of the employee's employment, member of the clergy, an attorney, social worker, rape crisis counselor, or other advocate acting on behalf of an agency that assists victims of domestic violence.

     e.     If the court finds that the applicant has not complied with the provisions of this section, the court shall dismiss the application without prejudice.

     f.     If the court finds that the applicant has complied with the provisions of subsection a. of this section, the court shall conduct a hearing to aid in making a determination of whether the applicant should be resentenced

     g.    The court may consider any facts or circumstances relevant to the imposition of a new sentence which are submitted by the applicant or the prosecuting authority including, but not limited to, the institutional record of confinement of such person, however, the court shall not order a new pre-sentence investigation and report and shall not entertain any matter challenging to the underlying basis of the subject conviction. The court's consideration of the institutional record of confinement of the applicant shall include, but not be limited to, the applicant's participation in or willingness to participate in programming such as domestic violence awareness, parenting education, substance abuse treatment while incarcerated, and the applicant's disciplinary history. The fact that the applicant was unable to participate in treatment or other programming while incarcerated despite a willingness to do so shall not be considered a negative factor in determining a motion pursuant to this section.

     h.  If the court determines that the applicant should not be resentenced, the court shall inform the applicant of its decision and shall enter an order denying the application.  The court shall provide written findings of fact and the reasons for the denial. 

     i.  If the court determines that the applicant should be resentenced, the court shall notify the applicant that, unless the person withdraws the application or appeals from such order, the court shall enter an order vacating the original sentence and imposing a new sentence in accordance with subsection i. of N.J.S.2C:44-1. Any order issued by a court pursuant to this subsection shall include written findings of fact and the reasons for the order.

     j.  An appeal may be taken as of right from an order denying resentencing; or from a new sentence imposed, and may be based on the grounds that the term of the new sentence is excessive or is unauthorized as a matter of law.  The applicant may request that the court assign a public defender, in accordance with the provisions of P.L.1967, c.43 (C.2A:158A-1 et seq.), to assist the person in the preparation of the appeal and any related proceedings.

     k.  In calculating the new term to be served by the applicant pursuant to this section, the applicant shall be credited for any time served on the subject conviction as well as any period of incarceration credited toward the sentence originally imposed.

 

     3.    (New section)  Section 6 of P.L.   c. (C.    ) (pending before the Legislature as this bill) shall be known as the "Trauma-informed Reentry Survivor Support Services Act."

 

     4.    (New section)  a.  As used in this section:

     "Community-based mental health service provider" means a State-licensed or State-certified counselor, psychologist, social worker, or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to trauma-involved reentry survivors. 

     "Trauma-involved reentry survivors" means a victim of domestic violence subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the defendant's family or household and the abuse was a contributing factor to the defendant's criminal behavior.

     b.    Any individual sentenced pursuant to subsection i. of N.J.S.2C:44-1, or resentenced pursuant to section 2 of P.L.  c. (C.   ) (pending before the Legislature as this bill), shall be eligible for trauma-informed reentry support services, which shall include, but not be limited to, access to mental health counseling, peer recovery support, vocational training, and housing assistance.  Whenever practicable, these services shall be delivered in collaboration with or by individuals who are themselves justice-impacted and have completed recognized trauma-informed peer certification or recovery-based training.

     c.  The Department of Corrections, in collaboration with the Administrative Office of the Courts and the Office of the Public Defender, shall develop and disseminate guidelines for the provision of community-based reentry programs that serve individuals sentenced pursuant to subsection i. of N.J.S.2C:44-1, or resentenced pursuant to section 2 of P.L.  c. (C.   ) (pending before the Legislature as this bill).  

     d.    (1) There is established in the Department of Corrections a grant program to assist community-based reentry programs in providing trauma-informed reentry support services pursuant to this section. The assistance shall include, but not be limited to, expanding the number of mental health service providers in order to expand the pipeline of trained community-based mental health service providers. 

     (2)  Grants under the program shall be awarded on a competitive basis. Community-based mental health services providers that receive a grant under the program shall use the funds to create and expand programs and partnerships that train graduate students who seek to become community-based mental health services providers.

     (3)  In awarding grant funding, priority shall be given to community-based organizations led by trauma-impacted individuals and certified trauma-impacted peer practitioners who can provide culturally responsive care and reentry services.

     (4)  To be eligible for a grant award under the program, a community-based mental health service provider, or group of providers seeking to participate in the program together shall submit an application to the Commissioner of Corrections, in accordance with application procedures and requirements prescribed by the commissioner.

     (5)  The commissioner shall establish selection criteria for the awarding of grants under the program, including consideration of the information listed under subsection c. of this section.  Grants shall be awarded based upon review of the applications and subject to the availability of funds.  The commissioner shall establish the amount for each grant that is awarded.

     e.     The Department of Corrections shall annually apply for and use any federal funds, including grant funds or other federal assistance which may be available to be used for the grant program established pursuant to this section.

     f.     Within three years following the receipt of a grant award under the program, the Administrative Office of the Courts shall submit a report to the Legislature and the Governor containing information on the use of the grant funds.  The report shall include, at a minimum, information on the number of individuals who applied to resentencing pursuant to section 2 of P.L.  c.  (C.     ) (pending before the Legislature as this bill), the number of individuals granted hearings and the number resentenced; demographics of applicants including age, gender, race and ethnicity; types of reentry and aftercare services accessed post-release, and outcomes related to recidivism, employment, housing, and continued trauma recovery services, the number of graduate students trained under the program, and the number of individuals assisted through trauma-informed reentry support services.

 

     5. This act shall take effect 90 days after enactment.  Section 1 of this act shall apply to convictions where the sentence is imposed on or after the effective date. Section 2 shall apply to convictions where the sentence was imposed prior to the effective date.  The Administrative Office of the Courts may take such anticipatory action as may be needed for the timely implementation of this act.

 

 

STATEMENT

 

     This bill revises the law related to sentencing and resentencing of certain defendants who are victims of domestic violence.  The bill:  (1) adds a new mitigating factor for the court to consider when determining the appropriate sentence, or when imposing a new sentence under the bill for a person who has been convicted of an offense, and who, in addition to other qualifying criteria, is a victim of domestic violence; and for whom the court finds that the domestic violence was a contributing factor in committing the crime; and  (2) adds an alternate sentencing structure upon a determination that the new mitigating factor applies.  Under the bill, there is no additional requirement that a domestic violence restraining order was in place at the time of the criminal behavior.

 

New mitigating factor criteria

     The bill amends N.J.S.A.2C:44-1 to add a new mitigating factor:  that the defendant was a victim of domestic violence subjected to physical, sexual, or psychological abuse inflicted by a member of the defendant's family or household and such abuse was a contributing factor to the defendant's criminal behavior.

 

Court discretion and alternate sentencing

     The bill grants the court discretion when sentencing persons convicted of certain crimes who suffered physical, sexual, or psychological abuse inflicted by a member of the defendant's family or household as the defendant and such abuse was a contributing factor to the defendant's criminal behavior.  The court, upon a determination that the new mitigating factor was present, may impose a sentence in accordance with new sentencing ranges established under the bill as follows:

     (1) for a crime of the fourth degree, a term of six months;

     (2) for a crime of the third degree, a term of up to one year but not more than three years;

     (3) for a crime of the second degree, a term of up to three years but not more than five years;

     (4) for a crime of the first degree, a term of up to five years but not more than 10 years.

 

Resentencing

     The bill allows persons currently incarcerated and serving a sentence of a minimum term of eight years or more for an offense committed prior to the effective date of this act to apply for resentencing pursuant to the new sentencing range.  Procedures are established for applying for resentencing, requesting the assistance of appointed counsel through the Office of the Public Defender, and notifying the prosecutor of a defendant's application. 

     The bill provides that the application for resentencing must include corroborating evidence that the defendant was, at the time of the offense, a victim of domestic violence.  If the court finds that the applicant has provided the required corroborating evidence, the court is directed to conduct a hearing to aid in the resentencing determination. 

     Under the bill, a person may appeal an order denying resentencing, or a new sentence imposed on the grounds that the term of the new sentence is excessive, or that the term of the new sentence is unauthorized as a matter of law.  The applicant may request that the court assign the applicant an attorney for the preparation of and proceedings related to any appeals regarding the application for resentencing. The attorney is to be assigned in accordance with the provisions of P.L.1967, c. 43 (C. 2A:158A-1 et seq.).

 

Trauma-informed reentry survivor support services

     The bill provides that an individual sentenced, resentenced, or released under the provisions of the bill is eligible for trauma-informed reentry support services which shall include access to mental health counseling, peer recovery support, vocational training, and housing assistance. 

     The Department of Corrections, in collaboration with the Administrative Office of the Courts and the Office of the Public Defender is directed to develop and disseminate implementation guidelines for community-based reentry programs that serve individuals sentenced, released, or resentenced under the bill.  The Department of Corrections is directed to establish a grant program to assist community-based reentry programs in providing mental health service providers and expanding the pipeline of trained mental health service providers.  "Community-based mental health service provider" is defined under the bill to mean a State-licensed or State-certified counselor, psychologist, social worker, or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to trauma-involved reentry survivors.  In addition to providing sentencing relief, the bill recognizes the critical need for trauma-informed service centered justice through the provision of wraparound reentry services delivered by justice-impacted, trained individuals. 

     This bill is based, in part, on the New York law known as the "Domestic Violence Survivors Justice Act," signed into law on May 14, 2019, and Proposed Sentencing Reform B of the New Jersey Criminal Sentencing and Disposition Commission Report, issued in March 2023.