• Views: in the last
  • 25Week
  • 17Month
  • 66Total


  • NJ A4678
  • Concerns resentencing and parole for certain juvenile defendants.
Introduced
(3/16/2017)
In Committee
(3/16/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires the court to consider mitigating factors related to youth when sentencing juveniles as adults. The bill also provides an opportunity for resentencing for juveniles whose sentence amounts to life without parole eligibility and establishes parole eligibility for these juveniles. Specifically under the bill, the court is required to consider the following mitigating factors when sentencing a juvenile offender: (1) he defendant's age at the time of the offense; (2) the role of the attendant characteristics of youth in the offense, including impulsivity, risk-taking behavior, immaturity, and susceptibility to peer pressure; and (3) obstacles the defendant may have faced as a child, such as parental abuse or neglect, developmental disorders, substance abuse, addiction, trauma, poverty, and lack of education. Also under the bill, a juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more is eligible to petition the court for a resentencing hearing any time after 10 years following the date of conviction. The defendant has the right to counsel at the hearing. At the resentencing hearing, the court is to determine whether the offense for which the defendant was convicted while a juvenile was the result of mitigating qualities of youth or whether the offense reflects irreparable corruption. This determination is to be made by consideration of the following factors: (1) the defendant's age at the time of the offense; (2) the role of the attendant characteristics of youth in the offense, including impulsivity, risk-taking behavior, immaturity, and susceptibility to peer pressure; (3) obstacles the defendant may have faced as a child, such as parental abuse or neglect, developmental disorders, substance abuse, addiction, trauma, poverty, and lack of education; (4) any effort the defendant has made prior to and while incarcerated to overcome these obstacles; (5) the defendant's attempt at rehabilitation since incarceration, including but not limited to, participation in available rehabilitative, educational, or other programs; (6) whether the defendant poses the same risk to society that the defendant posed at the time of the initial sentence; and (7) evidence of maturity, growth, self-improvement and consideration of the welfare of others. A juvenile who has been sentenced to incarceration for 20 years or more within the last 10 years is not eligible for a resentencing hearing. Defendants are eligible for only one resentencing hearing. If the court finds that the offense for which the defendant was convicted while a juvenile was the result of the mitigating qualities of youth, the defendant is to be resentenced to a term that allows the defendant a meaningful opportunity for release. If the court finds the offense reflects irreparable corruption, the defendant is not to be resentenced. The bill also specifies that a juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more is to be eligible for parole no later than 20 years after being incarcerated. At the parole hearing, the State Parole Board is to consider the age of the juvenile, the mitigating qualities of youth, and enhanced potential for rehabilitation of juveniles. The defendant is entitled to counsel and may testify and call witnesses, including expert witnesses. The testimony is to be recorded or transcribed. A determination by the State Parole Board is required to be in writing. If parole is denied, any future eligibility term is not to exceed 48 months.
Judiciary
Assembly Judiciary Hearing (19:00 3/20/2017 The following bill is for discussion only: A4678 (McKeon/Singlet)  (on 3/20/2017)
 
 
Date Chamber Action Description
3/20/2017 Assembly Judiciary Hearing (19:00 3/20/2017 The following bill is for discussion only: A4678 (McKeon/Singlet)
3/16/2017 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified