S763

An Act concerning certain inmates and supplementing Title 2C of the New Jersey Statutes.

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

1. a. The Commissioner of Corrections shall issue a Certificate of Eligibility for Resentencing to any inmate who:

(1) committed a crime as a juvenile and was tried as an adult;

(2) received an aggregate sentence of incarceration of 30 years or more;

(3) has served at least 20 years of that sentence.

b. (1) Notwithstanding any provision of law to the contrary, an inmate who receives a Certificate of Eligibility for Resentencing issued pursuant to subsection a. of this section and received an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more and who has not been resentenced or previously sought relief under this sectionmay petition the court for resentencing pursuant to the provisions of this section.

(2) Notwithstanding any court rule or any other provision of law to the contrary, the court, upon consideration of a petition filed pursuant to paragraph (1) of this subsection, may, in its discretion, modify, reduce, or suspend the sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the inmate.

If the court determines that a change in the inmate’s original sentence is not warranted, the court shall issue a written order stating the reasons for denying modification. The provisions of this section shall not require the court to grant a sentence modification.

c. An inmate who has been issued a Certificate of Eligibility for Resentencing shall be represented by the Office of the Public Defender for the purpose of filing a motion under this section, unless the inmate retains other counsel.

d. The victim or the nearest relative of a homicide victim shall be notified, as part of the notification provided under paragraph (2) of subsection e. of this section, of the right to make an updated statement to supplement the presentence report prepared pursuant to subsection b. of N.J.S.2C:44-6, if the victim or relative so desires. Any statement shall be made within 20 days of notification to the victim.

e. (1) A motion pursuant to this section shall be filed with the Superior Court in the county where the conviction occurred. A copy of the motion shall be served on the agency that prosecuted the case.

(2) The prosecuting agency shall notify any victim of the offense committed by the inmate, or the nearest relative of a homicide victim, in accordance with section 3 of P.L.1985, c.249 (C.52:4B-36) of the filing of a motion for resentencing pursuant to this section. The court shall afford any victim the opportunity to present a statement at the hearing on the petition or to testify at the hearing concerning the harm suffered by the victim or family member.

(3) The prosecutor shall file any response within 60 days. The court may grant an extension of time for good cause.

f. Upon the filing of a motion for resentencing under this section, the court shall conduct a hearing, unless the court finds that the Certificate of Eligibility for Resentencing issued to the inmate is not valid or its issuance was improper. A resentencing hearing on a motion filed pursuant to this section shall be held in the Superior Court in accordance with the Rules of Court.

g. At the hearing for resentencing, the court shall determine whether the offense for which the inmate was convicted was the result of mitigating qualities of youth by consideration of the following non-exhaustive list of factors:

(1) the inmate’s age at the time of the offense;

(2) the role of the attendant characteristics of youth in the offense, including:

(a) impulsivity;

(b) risk-taking behavior;

(d) susceptibility to peer pressure;

(3) any obstacle the inmate may have faced as a child including:

(a) parental abuse or neglect or abuse or neglect by any other person;

(b) developmental disorders;

(d) addiction;

(e) trauma;

(f) poverty; and

(g) lack of education;

(4) any effort the inmate has made prior to and while incarcerated to overcome the obstacles set forth in paragraph (3) of this subsection;

(5) the inmate’s attempt at rehabilitation since incarceration, including but not limited to participation in available rehabilitative, educational, or other programs;

(6) whether the inmate poses the same risk to society that the inmate posed at the time of the initial sentence; and

(7) any additional evidence of maturity, growth, self-improvement, and consideration of the welfare of others.

h. If the court finds by a preponderance of the evidence that the offense for which the inmate was convicted and sentenced was the result of the mitigating qualities of youth, the court shall resentence the inmate to a term that allows the inmate a meaningful opportunity for release, unless the court finds by clear and convincing evidence that the offense for which the inmate was convicted and sentenced reflects irreparable corruption. If the court finds that the offense reflects irreparable corruption, the court shall not resentence the inmate regardless of the findings of the mitigating qualities of youth. If the sentencing court reduces the sentence pursuant to this section, the sentence shall not become final for 10 days in order to permit the prosecutor to appeal the sentence.

i. An inmate may file only one motion pursuant to this section. Nothing in this section shall prohibit an inmate from pursuing resentencing under any other provision of Title 2C of the New Jersey Statutes or the Rules of Court.

j. An inmate who has been resentenced under the provisions of this section also shall be sentenced to a five-year term of parole supervision.

2. This act shall take effect immediately and shall apply retroactively to any eligible inmate who was sentenced prior to the effective date of this act.

STATEMENT

This bill would implement Recommendation 6 from the first annual report of the New Jersey Criminal Sentencing and Disposition Commission (the CSDC), issued November 2019, to provide for the resentencing of certain inmates who committed offenses while juveniles but were sentenced as adults. The CSDC was created by P.L.2009, c.81 (C.2C:48A-1 et seq.) but delayed in being constituted and actively reviewing the State’s sentencing laws.

Specifically, the bill would provide a process for the resentencing of any inmate who, either prior to or subsequent to the bill’s immediate effective date (1) committed a crime as a juvenile and was tried as an adult, (2) received an aggregate sentence of incarceration of 30 years or more, and (3) has served at least 20 years of that sentence. The Commissioner of Corrections would be required to issue a Certificate of Eligibility for Resentencing to any such inmate who requested one, and if that inmate received an aggregate sentence with a period of parole ineligibility of 20 years or more, and had not been previously resentenced or sought relief under the bill’s process, the inmate could file a petition for resentencing in the Superior Court in the county where the conviction occurred. The Public Defender would represent an eligible inmate, unless that inmate retained other counsel.

A copy of a filed petition would be served on the original prosecuting agency, which would have to file a response within 60 days of being notified, although the court could grant an extension for filing based upon good cause shown. The prosecuting agency would notify any victim of the offense for which resentencing is sought or the nearest relative in cases involving a homicide, informing the person of the right to make an updated statement, within 20 days of being notified, to supplement the presentence report prepared pursuant to subsection b. of N.J.S.2C:44-6. The court would also afford any victim an opportunity to present a statement at the hearing on the petition, or to testify about the harm suffered by the victim or victim’s family member.

At the resentencing hearing, the court would determine whether the offense for which the inmate was convicted was the result of mitigating qualities of youth by consideration of several factors, presented in the bill as a non-exhaustive list for helping guide the court’s decision. Such factors include:

- the inmate’s age at the time of the offense;

- the role of attendant characteristics of youth in the offense, like impulsivity, immaturity, and susceptibility to peer pressure;

- possible obstacles faced by the inmate as a child, such as parental abuse or neglect, developmental disorders, and addiction, and efforts prior to and while incarcerated to overcome these obstacles; and

- additional evidence of maturity, growth, self-improvement, and consideration of the welfare of others.

If the court finds, by a preponderance of the evidence, that the inmate’s offense was the result of the mitigating qualities of youth, it would resentence the inmate to a term that allows for a meaningful opportunity for release. However, the court would not resentence the inmate, even after finding the offense to be the result of the mitigating qualities of youth, if the court additionally finds, by clear and convincing evidence, that the inmate’s offense reflects irreparable corruption. Any court order reducing a sentence would not become final for 10 days in order to permit an opposing prosecuting agency to appeal the sentencing decision.

Additionally, the bill provides that any inmate who has been sentenced under the bill’s provisions also is required to be sentenced to a five-year term of parole supervision.